Nicole Smith | Barrister
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Strategic Advice
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Nicole Smith (LLB (Hons), FCIArb)

Barrister specialising in
commercial litigation
and arbitration

Nicole Smith, Barrister
Mauao Legal Chambers,
1/9 Prince Avenue,
Mount Maunganui 3116,

Mobile: +64 21 175 9014
Tel: +64 7 572 4211
Skype: nicole.smith1
Strategic Advice

When a dispute arises, you often need to act fast. However, each step needs to be part of a co-ordinated approach, keeping your end goal firmly in mind. You need to consider whether one of your aims is to continue doing business with the other party, in which case negotiation or mediation may be the best option. Or whether there are justifiable concerns that the other party will dissipate their assets, in which case an injunction may be needed.

If the other party has commenced proceedings in court, are there grounds to require the dispute to be referred to arbitration (and would such a move be to your advantage)? Are there any other parties that should be joined to the proceedings?

Do you have insurance that will cover your legal fees or the claim? If you are the defendant, does the claimant have sufficient assets to cover your costs or should you apply for a Security for Costs order? (A Security for Costs order will require the other party to put up funds to cover your costs, should their claim fail and a costs order be made against them.)

Nicole has considerable experience in providing strategic advice as to how to handle a dispute and in helping you determine how resolving the dispute fits in with your overall business objectives.


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