With the Christmas season fast approaching, many businesses and individuals will begin to wind down for the year and enjoy a well-earned break after a very trying year.
However, it is important to remember over the Christmas period deadlines for litigation may still come to fruition. Staying alert to those deadlines is just as important over the holiday season, as there is no grace period provided.
Important Deadlines
Once a Statement of Claim has been served, an individual or company has 28 days to respond to that claim and put on a Defence.
Failure to put on a Defence or respond to the Statement of Claim may mean the Court will make orders regardless, which could adversely impact your business or personal circumstances.
What if I miss the deadline?
The Court can make Orders against you such as a Default Judgment, Garnishee Order for money or an Order for Examination, all of which would put a damper on any Christmas celebrations.
Default Judgments are registered on credit ratings of companies, businesses and individuals, and are avoidable by staying alert to impending deadlines. After a hard 2020 and dealing with the global COVID-19 pandemic, the last thing you want is a headache from missing a deadline in litigation.
Staying alert to deadlines helps prevent unwanted adverse action.
What if I am served over Christmas?
Acting quickly will help prevent any unwanted action or Orders being made in your absence.
If you are served with a Statement of Claim:
- Act now and not later;
- Speak to a solicitor for specialised advice and to assist with preparing a Defence before the 28 day period.
The sooner a Claim is acted upon the more options become available to help deal with the issue and achieve a resolution.
Do not sit on the Claim and wait until the last minute, or assume that litigation takes a break over Christmas. It is best to be alert, not alarmed, and be proactive to deal with the Statement of Claim as soon as possible.
How we can help
Marsdens is available throughout the Christmas break to assist you if needed.
Whether you have been served with a Statement of Claim before, during, or after Christmas, or are looking for advice regarding a matter, Marsdens is able to assist with all your litigation needs. Please contact Aaran Johnson on ajohnson@marsdens.net.au or Bharath Balasubramanian on bbalasubramanian@marsdens.net.au or by phoning 02 4646 5077 for a short discussion if you wish to discuss.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
