September 4, 2024

What To Do If Someone Is Suing Your Business In Australia

Any business owner, especially those running small businesses, considers being sued frightening. The psychological distress and possible expenses may be too much to bear. But it’s important to stay calm and get legal advice from an expert.

Engaging with proficient business settlement lawyers in Perth may help you tackle this difficult situation with more assurance and reduce its adverse impact on your business. However, knowing why to hire them is the best way to resolve such cases.

Why would your business get sued?

A lawsuit may be filed by many parties, including clients, present or former staff members, and even other companies. There are several reasons why these cases might be brought. However, the following are the most common ones:

  • Harassment, including bullying, intimidation, physical or sexual harassment
  • Intellectual property (IP) rights
  • Premises liability
  • Misleading information or false advertising
  • Breach of contract
  • DiscriminationAccidents caused by using your company’s products or slip-and-fall accidents
  • Professional negligence

The majority of these scenarios can be averted by addressing the underlying cause of the issue and averting the circumstance before it happens by appropriate protocol and training. According to Australian law, it is illegal to harass or discriminate against clients or staff in any way.

You should ensure that all of your staff members have received the necessary training to comprehend the significance of a safe workplace. Similarly, if your company is sued for discriminating reasons for turning away a consumer, it might seriously harm its reputation.

How do you respond and deal with a business lawsuit?

1. Review the claim with your business settlement lawyer

Contact a business corporate consulting lawyer to review the claim and see if their experience is necessary for evaluating the case. Inquire about their experience with comparable instances, client-communication style, cost breakdown, and references from previous customers. Find out how frequently they plan to provide you with case updates.

Don’t keep anything from your attorney. Discuss your company’s documents to determine which are relevant to the lawsuit and save them for further use. Your business structure will be of interest to the lawyer since it may impact your guilt in the lawsuit. Your attorney should go over the specifics of the claims, your possible liability, and the associated costs with each step of the legal procedure. They’ll collaborate with you to determine the best course of action and anticipated time frame.

You’ll learn about the many approaches to resolving the issue, such as mediation. You will save money, time, effort, and energy by avoiding going to court. Recognise that you might not be in control of the decision to file a lawsuit. After receiving formal service, avoid speaking with the claimant directly. Make sure not to bring up the case with them, though, if you do need to speak with someone you have a continuing relationship with.

2. Determine how to proceed and respond to the case

You must choose how to proceed and reply to the lawsuit after the corporate finance lawyers in Perth advise you, describe the case, describe the nature of the allegations against you, and identify the potential liabilities. Talking about possible expenses at every stage of the legal procedure is crucial. Then, analyse and contemplate any possible exit strategy and settlement possibilities. It is necessary to respond to the lawsuit within the specified time frame.

3. If the case goes to court

If the matter gets to court, try to keep your attention on managing your company, but while you wait, respond to your lawyers’ inquiries. Never assume that the case will end in your favor just because you believe you are correct. Often, the result is decided by the evidence and arguments made in court.

If it’s any comfort, studies on contract disputes reveal that fewer than 5% of SMEs file lawsuits despite most Australian companies being SMEs. They always want to talk and work things out before it comes to that point.

Suits can be expensive and divert your attention from running your company. Defendants often are unaware that they can still be required to cover their legal expenses even in the event of a victory. That’s why it can be useful to get the appropriate insurance.

If you are served, you can rest easy knowing that your policy might cover you. Together, we can review your insurance policy regularly to ensure your company is covered in the worst-case situation.

Conclusion

In summary, we would like to say that we know facing legal action as a business might have disastrous effects. However, by working with the top business settlement lawyers in Perth, you may prevent serious harm, preserve the interests of your company, and remain composed during the process. Therefore, if you are in the regrettable situation of being sued, contact a knowledgeable legal team.