Real Estate

Finding Your Australian Lawyer For Property Disputes

  • Written by News Company

Property is among the most valuable asset class that you can own either as individuals or businesses. Though there are several advantages in using a property such as establishment of a new premises or identifying a suitable land as appropriate for commercial development, it also presents a fertile ground for varying disputes cropping up at intervals.

When you are party to a property dispute, the first step to deal with the situation is taking a pragmatic and yet commercial approach and find experienced legal help to assist you navigate the procedures and complex rules to quickly resolve the issue. Remember that property disputes can often be incredibly taxing in terms of money as well as manpower for managing the dispute and understanding complex laws that impact your position. Irrespective of whether the dispute stems from a commercial agreement or more specialised areas like development or environmental issues, expert legal assistance is indispensable.

Following are some of the primary pre-requisites before you start pursuing property disputes in Australia.

Set Your Objectives

Setting the objective in fighting a property dispute is your part of the job although your lawyer can assist you clearing some of the knots. Once this is done, you can approach the task more professionally with the necessary expertise and prepare yourself for the legal journey. In most situations, the opposing party in a property does not tend to give in quickly and therefore a complete resolution can emerge after a long drawn process. The expenses of hiring a lawyer firm or lawyer can stretch beyond initial estimates and therefore you should determine your financial capabilities before embarking on the legal journey.

Pay Attention To Documentation

Proper documentation is an integral part of any legal pursuit. This is more so with property disputes and every bit of document related to properties should be safeguarded by the owner including rental agreements, title deeds, tax papers, utility bills and other documents that may have a bearing on the dispute itself. Your lawyer will depend significantly on the documents to prepare and present your case in the courts to substantiate your claims and seek a favourable verdict. Parties to a property dispute must therefore pay great attention to documentation and gather as many documents as possible to support your claims.

Litigation Should Be The Last Resort

Before taking your dispute to a court of law, you must explore every other potential avenue for a resolution including the legal steps you should follow. Often times, your lawyer can provide valuable assistance and direction in this direction. Understand that there can be a world of difference between your speaking to the opposite party and your lawyer speaking to him/her. When legal implications of a dispute are presented by a legal professional most contestants see reason in reaching an amicable settlement than going to court. But, if litigation finally becomes inevitable, you must know that the process is expensive and long drawn.

Vindictiveness May Not Win

A property dispute should not become a prestige issue for the contestants since that can lead to a rigid posture. If either party gets into a vindictive mindset and taking revenge becomes the major objective, the case can become knotted leading to significant financial loss for both parties, apart from considerable mental stress. Conversely, when you keep a calm demeanour while dealing with property disputes it will always be beneficial and the progression towards resolution can be quicker.

Stay within the Ambit of Law

Often, property disputes cause considerable mental agony but it is very important that individuals keep their calm and stay away from taking matters in their hands leading to the tendency to engage in unlawful acts. Breaking laws can potentially help the other side when matters go before a court. Generally courts do not have a favourable disposition towards people who indulge in unlawful acts even when their claims may be genuine.

Terminated Tenancies

In most situations, tenancy agreements vest the right of termination in the hands of the property owner in specified circumstances like material breach of terms enshrined in the agreement. However, you may hold that such a termination was unfair your counsel may advise action against the landlord even in instances where the lease is terminated for non payment of rental dues. The circumstances of the case will determine whether the termination of lease was unfair or not. What is important however is to commence legal action without loss of time and under guidance from a competent legal counsel.

Reluctant Co-Owners

Difficulties may arise with respect to co-owned properties and particularly so when one party intends selling while the other party resists the idea. In such instances, it may be desirable to approach an appropriate court of law. If the Court finds merit in your case, it may allow sale of the property through a trustee appointed by the court. Once the sale is concluded, the proceeds from the sale will get distributed among the owners. Most applications in these circumstances are generally granted and the courts may not take cognizance of unfairness or hardship that a reluctant owner may claim.

A trustee appointed by the court is also helpful in instances where one or more co-owners in a joint business are not in agreement with sale of assets in the business. This situation can arise from strained relationship between the co-owners or other reasons. In this case, the courts can refuse an application only when there are overhanging circumstances that prevents sale of a property like in the case of the contract requiring consent from all the owners to sell the assets. One way to speed up things in such situations is to get a ‘trustee for sale’ appointed by the courts. Protracted negotiations on the other hand can be long drawn and financially challenging.


As we have seen above, there are several factors to be considered before initiating property disputes and finding the most appropriate attorney can pose serious challenges. One way you can potentially ward off such a situation is by being extremely careful while drawing up documents and involving a legal counsel at that stage itself.

Property News Wanted

Do you have property or real estate related news to share? Prepare at least 425 words and send a pic with it to office@newscompany.com.au


Qualities of the Best Home Builders: Know Before You Sign the Fine Print

Julian Carter - avatar Julian Carter

Choosing the best company to construct your home is one of the most important decisions that you will make. The best home builders are the ones that can suit your individual needs and the needs of y...


News Company - avatar News Company

Many people are concerned about protecting their homes from possible theft. After all, home is where you want to be calm and have a feeling of safety and security. Certainly, you should not neglect ...

Importance and types of waterproofing in construction

News Company - avatar News Company

Waterproofing is a method of forming an impenetrable barrier, designed to avoid water from entering or leaving several segments of building constructions. Hydrostatic pressure is the pressure exerte...

5 Top Skyscrapers of The World

News Company - avatar News Company

We, humans, are obsessed with testing limits. In any walk of life, stretching our abilities is one thing that keeps us going. The ambition to do better each time makes us surpass our capabilities. S...

How to Make Your Home’s Exterior Look Expensive

News Company - avatar News Company

Everyone has a dream of having a luxurious house. Money cannot buy happiness but it can surely buy many things to have an extravagant lifestyle. We all have seen a house and have been dreaming to bu...

Unbelievable facts about shade sails

News Company - avatar News Company

Shade sails are by far the most common of the many different shade products available in Sydney today. Though shade sails remain the leading shade solution for homeowners and business owners, a lot ...

Health & Wellness

4 Ways To Deal With Anxiety at Home During Lockdown

News Company - avatar News Company

Having encapsulated the lives of more than 3 million people across the world, COVID 19 is having a major moment right now. Especially ever since the lockdown was initiated a few weeks back, a lo...

6 Ways In Which Massage Therapy Can Be A Life Savior

Anthony Fernandaz - avatar Anthony Fernandaz

Apart from helping you relax, massage has loads of other medical benefits as well. It has been used to treat many ailments for centuries; however, few people are aware of the extent to which massage...

How to keep your body in shape

News Company - avatar News Company

Almost every person in their prime is unhappy with their figure has either started a diet before or tried different sports. However, the trials were mostly of short duration, and the lasting effect ...

All you need to know about contact lenses

News Company - avatar News Company

Contact lenses are practical - and with helpful tips, handling them is more comfortable than expected. With lenses, you would not look a bit different if you go for transparent ones. If you want to ...

News Company Media Core

Content & Technology Connecting Global Audiences

More Information - Less Opinion