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Professional knowledgeable. "The lawyer is really trying to understand the situation and give me the best advice for every possible way to protect my rights. The lawyer also gives advice on things I didn't request initially but definitely need in the future."
"James is an experienced lawyer who I had the pleasure of working with previously. I highly recommend James."
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James Ford has received 12 LawTap Verified Reviews with an average 4.96 rating to date. Most recent verified review from a client remarked "Really appreciate having your advice and guidance throughout this. Particularly being able to turn around the agreement in such a short time over the past couple of days. Thank you for your timely responses and being available to rush through everything at the end."
"Fabulous lawyer, professional, sincere and genuine...highly recommended. Other lawyers shied away from our tough case but James took it on with verve and vigor. With a highly qualified support team, James has paved the way to settle our case. James has keen attention to detail and a good ability to problem solve. The client has to make the final decisions on matters and quality advice is essential if the correct decisions are to be made, that's what you get from James. I cannot recommend James and Blue Ocean Law Group enough, they are pinnacles in the profession!" [Note: the dispute did not involve Craterpot which is a startup venture Blue Ocean Law Group™ are assisting Rod to bring to market].
An Application by an Interested Person [Form 13] is appropriate when a Parent or Guardian is seeking to apply to the Federal Court of Australia for an order:
1️⃣ Approving an Agreement made by or for a Person under a Legal Incapacity for compromise or settlement of a claim against that Person; or
2️⃣ Enforcing a claim against a Person under a Legal Incapacity.
The Dictionary in Schedule 1 of the Federal Court Rule 2011 defines a "Person under a Legal Incapacity" as meaning:
⚖️ A minor; or
⚖️ A mentally disabled person.
The Dictionary in Schedule 1 of the Federal Court Rule 2011 defines an "Interested Person" as being:
⚖️ For a minor--the Parent or Guardian; and
⚖️ For a mentally disabled person--the Guardian.
✅ Suitable for the Federal Court of Australia made under the Federal Court Rules 2011;
✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;
✅ For use in the General or Fair Work Divisions of the Federal Court of Australia.
Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.
➲ We recommend you contact our legal team to obtain legal advice and guidance regarding whether it is appropriate to file:
⚖️ An Urgent Application before Start of a Proceeding [Form 12]; or
⚖️ An Originating Application (by Prospective Applicant) for an Order for Discovery [Form 14].
This process automates the creation of an Application by an Interested Person [Form 13] which can only be filed by a Parent or Guardian i.e., an Interested Person (refer above).
Your Application by an Interested Person [Form 13] MUST be accompanied by:
1️⃣ An Affidavit stating the material facts on which the Application relies;
2️⃣ The Agreement that is sought to be approved;
3️⃣ An opinion of an independent lawyer that the Agreement is in the best interests of the Person under a Legal Incapacity.
The Court may, as a condition of approval, require that any money or other property payable for the benefit of a Person under a Legal Incapacity be dealt with by way of a settlement or in any other way that the Court considers appropriate.
Note: The Court may give approval subject to conditions--see rule 1.33.
If the Court does not approve the Agreement, the Agreement is not binding on the Person under a Legal Incapacity.
Important Notes:
Pricing does not include Court filing fees.
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The book “Pleadings without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules” by William Rose [revised & updated by Roger Eastman] we have in our law firm library in its 9th edition when it was published in 2017.
More editions of this highly valued & trusted guide will no doubt ensue.
The book was originally written back in 1990 specifically to address the problem of tears being shed over mistakes being made in Pleadings.
Trust me when I say that despite all the warnings, mistakes in Pleadings continue to this day.
There are good reasons why you don't want to be the party left crying over what could have been!
Whether you are a self-represented litigant in a Tribunal or represent by a Solicitor or a Barrister in a Court or Tribunal the "Pleadings" will be the sum total of all of the documents containing the application or claim, the defence and counterclaim, the reply or answer, and any requests for and responses to further and better particulars.
In the case of an appeal, think of the pleadings as your stated grounds of appeal within your Notice of Appeal, etc. if you get these wrong then your appeal is likely to be dismissed or struck out before you have had the chance to actually submit the details of your appeal to the appeal court.
When you hear the member/judge say the words "the problem is in the Pleadings" or words to that effect you might need to have your tissues on hand.
A great analogy is baking a cake and discovering too late that you left out a key ingredient.
There is no guarantee you will be able to amend the Pleadings to fix the problem at the last minute.
You are generally prevented from making the same claim more than once.
Your missed claim may now be subject to the statute of limitations preventing it from being commenced as it is out of time.
An error in the Pleadings can be irreversibly fatal to the outcome of the civil litigation, or substantially impact on the result or the award of costs once the legal proceedings have completed.
A failure to state valid grounds grounds of appeal within a Notice of Appeal may cause your appeal to be dismissed or stuck out, with the potential for cost orders to be made against you for the other parties legal costs (if any) incurred in responding to your incompetent or deficient Notice of Appeal.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
The identity of the Debtor and their address for service (incl. email +/or fax) should already be clearly specified in the agreement, or provided by the Debtor as part of your standard business processes.
We also assume that the terms of your agreement will provide permission to serve notices via email or fax (if required).
You will need to consider whether you already know the actual identity of the Debtor/Defendant and their address for notices/Service.
The Debtor/Defendant may not be the person with whom you made the original agreement, or the person who actually published the defamatory statement.
The person you might consider is the Debtor/Defendant may have been acting/dealing as an agent or employee of another person, the actual owner/s of the business, a sole trader, partnership, unincorporated association, company, etc.
If you only have the name of the business, you can start by conducting a free ASIC business names index + business names holder organisation/person searches to determine the owner of the business name, followed by a paid ASIC search to determine a valid + current address for Service.
Before sending a Letter of Demand/Statutory Demand/Concerns Notice to a Debtor company, we strongly recommend you conduct a paid current ASIC Company Search (min. cost $9) to confirm that:
✅ The Debtor/Defendant company is not currently under administration/in liquidation; and to
✅ Ascertain the companies current registered office address for service.
If you have any questions regarding the above please contact our legal team to discuss.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
By the time you approach a lawyer to assist with your civil legal dispute you may have already discussed the matter in detail or sent text messages/emails to the other party, their agent, insurance company or lawyers.
Whilst you might think you are progressing the matter:
➲ This is generally a mistake!
Most people [unless they are experienced in litigation or legal dispute resolution] will unknowingly proceed to make these communications with the other side on an "open” basis.
This means that everything that is said or written might be capable of being used by the other parties in any subsequent legal proceedings.
It is generally known that in any criminal matter, you have the “right to remain silent …” as this is well-covered territory on TV/Movie Legal Dramas and in the media.
When it comes to civil disputes we recommend you adopt the same position.
Our advice may be spot on when it comes to large $$ civil disputes.
When the matter is only a minor one, you may not want to go to the time and/or expense of engaging legal advice specific to your situation.
Q: How then can you proceed?
A: Very carefully, and with the assistance of some very specific legal phraseology which you may or may not have seen before.
Please refer to our blog article “How to cast a magic legal spell? The protection afforded by Without Prejudice Settlement Negotiations." for more information.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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