Draft for review
Disputes and legal problems

The other side keeps delaying the case.

Turn repeated delays into a documented procedural question for your lawyer.
Corporate Recovery Partners
Corporate Recovery Partners Paul presenter with the headline: The other side keeps delaying the case.
01 / 06

Every promised response arrives late

A subcontractor’s claim has stalled through repeated requests for more time. Each delay pushes the expected recovery further away, while the business continues paying legal bills. The owner suspects a tactic but cannot distinguish ordinary case management from a failure that the court can address.

02 / 06

Create a neutral delay history

List the required step, original date, extension requested, reason given and actual response. Attach the relevant correspondence or order rather than relying on recollection.

Separate deadlines imposed by the court from dates suggested during negotiation. Their significance may differ, and an accurate chronology helps your lawyer identify the real procedural issue.

03 / 06

Ask what remedy is available

Request advice about the applicable rules, orders and evidence needed for any response to delay. Do not assume a missed date automatically wins the case or cancels the opponent’s claim.

Ask what the proposed step would cost and what it could realistically achieve. A procedural application can create further expense without immediately producing payment.

04 / 06

Reassess the business impact

Update the expected timing of recovery and the cash committed to proceedings. Business.gov.au identifies the time, expense and uncertain outcome of court action as factors businesses should consider.

Keep the disputed recovery out of money needed for fixed commitments until there is a reliable basis for expecting it. Consider whether the extended timetable changes the commercial value of settlement.

Source: business.gov.au - When to go to court over a dispute

05 / 06

Use communication to narrow the blockage

Through the appropriate adviser, ask which specific information or decision is preventing progress. A targeted document exchange may be more useful than another broad promise to respond.

Where suitable, discuss mediation or a confined settlement issue. Government guidance recognises that ADR remains available during court proceedings; it does not require pretending the delays were acceptable. Record the financial effect of each revised timetable, including additional adviser work.

Source: business.gov.au - Prevent, manage and resolve disputes

06 / 06

Bring a chronology to the next case review

Give your lawyer the date-by-date record and ask for a recommendation addressing both procedure and cost.

Agree a review point for the next response or application. Update the recovery forecast when the timetable changes, instead of carrying the original expected date forward.

Call CRP today about debt recovery and coordinating the appropriate professional support.

Tell us about your situation

Contact us today for a private and confidential discussion.