Overview – There is always a sensible solution for any problem

There is always a sensible solution for any problem

The primary role of a dispute resolution lawyer is to assist in achieving the timely and efficient resolution of disputes.

Many disputes in the insurance area, particularly professional indemnity claims, are actions which could be better described as actions in the commercial litigation arena. It is not uncommon for litigated claims in such matters to run in to many millions of dollars.

Our primary objective is to achieve the best possible commercial results for our clients at the earliest possible time. In providing advice to our clients we are aware that the management of all litigated actions requires commercial common sense, especially in the efficient and effective use of our resources in preparing or defending such actions.

Preparation is of critical importance in successfully prosecuting or defending any litigated action. It is even more fundamental in the area of commercial litigation, where it is now not rare to read that the parties’ costs exceed the initial amount of the claim! At Fountain & Bönig we have a commitment to use our resources in the most efficient way to assist our clients.

We recognise – as do our clients – that our most important resource is our staff. This applies not only our professional staff, but also for our support staff. Our senior lawyers have many years experience as practitioners and are all regarded as leaders in the profession their fields of practice.

Ultimately however, the success of our firm is dependent on our clients’ satisfaction. We work as a team. We are mindful of the fact that a trial is rarely, if ever, the best solution to any dispute. While we recognise that some matters cannot be finalised without proceeding to a hearing and judgment, in order to achieve the best outcome at the earliest possible time, we also place a strong emphasis on all methods of Alternative Dispute Resolution, and in particular, mediation.

This section of our website contains a considerable amount of information for anyone who is involved in, or has an interest in civil proceedings in the Magistrates’, District or Supreme Courts in South Australia. Among other things it includes information on topics such as:

• the jurisdictional limits in the Courts;
• Courts’ timetables, and
• provisions in relation to experts.

For example, it should be noted that Rules which were introduced for the Supreme Court and District Court of South Australia in 2006, apply to all actions commenced from 4 September 2006, while the old rules generally continue to apply for actions commenced before 4 September 2006.