WHY SPECIALISE IN TOWN AGENT SERVICES?

Brisbane Supreme & District Court House ServicesBRISBANE MENTIONS SERVICES

Brisbane Mentions specialise in providing town agent services – before starting Brisbane Mentions we spent a lot of time researching niche opportunities in the legal market. We all know there is no shortage of town agents for conveyancing settlements and DNR lodgements- yet a business focusing exclusively on town agency services run by experienced litigators was absent from the market.

What we discovered was most rural or interstate law firms requiring town agency services would simply google for a law firm close to a particular court house then ring and enquire whether they were prepared to act as their paid agents. Most of the time, the fee the firm would charge was guess work (and high) as they didn’t do enough town agency work to provide a fixed fee like Brisbane Mentions and the solicitor appearing had little PAE.

Further, any solicitor that practices in litigation understands that having to make urgent applications is part of the job. However, if your firm isn’t located near the Court, filing an urgent Interlocutory Application at 4.05 pm on a Friday afternoon is painfully difficult if not impossible.  Being so close to the courts means Brisbane Mentions can file court process on your behalf quickly.  Our terms and conditions (which you will agree to on making a booking) provide us with the necessary authority to sign court process on your behalf.

We can provide quick turn around and our comprehensive electronic booking and reporting system ensures you can advise your client as soon as your matter has been dealt with.

SOME OF OUR SERVICES

Delivery of Judgment


Parties are usually advised a day before judgment is to be delivered. The delivery of judgment is a relatively informal event, however the Judge may invite the parties to make submissions as to costs or set a timetable for written submissions to be filed.

Once judgment is delivered appeal time limits start.

Criminal Reviews


Reviews of criminal matters are held in the Supreme Court before the Criminal List Judge each Friday.

The purpose of the reviews of criminal matters is to monitor the progress of each matter and give directions to ensure the efficient and timely disposition of the matter and to allocate trial and hearing dates.

First Mentions


A first mention is used in criminal matters to inform the court of the charge and how the respondent intends to plea.  At a first mention the charges are read out by the prosecutor and the respondent generally has three options, that is: seek additional time, plead guilt or plead not guilty.  A Magistrates may set other mentions dates (for a summary offences matter) to ensure each party is ready to proceed.

Applications


Originating Applications are usually used for Corporations Act 2001 (Cth) matters (such a wind ups), appointment of trustees under the Property Law Act 1974 or some deceased estate matter.

Applications do not last longer than 2 hours and should not be used if there is a substantial dispute of fact. Interlocutory Applications usually arise out of some issue with the Uniform Civil Procedure Rules 1999 (Qld), such as leave to add a party.

Commercial List Review


Complex commercial disputes that arise by reason of the Corporations Act 2001 (Cth) or some other commercial legislative instrument [e.g Competition and Consumer Act (2010)] can be placed on the Supreme or District Court Commercial List.  Upon entering of a proceeding on the commercial list, the Commercial List Judge will allocate one Judge to be responsible for the entire case.  The commercial list is a closely supervised list of commercial proceedings which are regularly reviewed to ensure the expeditious resolution.

Directions Hearing


The purpose of a directions hearing is to set a timetable of steps that must be completed in the proceedings. A draft order is usually agreed upon between the parties at least 2 days before the hearing will generally includes a dispute resolution plan (such as a mediation).

Consent Adjournments


A consent adjournment is the rescheduling of an application hearing date.  Consent Adjournments are handled either by correspondence (three days prior to the hearing date) or by mentioning the matter during a callover. A Consent Adjournment is generally dealt with in the call over.

Federal Court Case Management Hearing


The aim of case management hearings is to ensure any issues are identified as early as possible and to set a path for the just and expeditious resolution of the matter in the least amount of time and cost. Prior to the First Case Management Hearing the Court expects the parties and practitioners to communicate with each other in a meaningful way about matters to be raised and any proposed orders.

The importance of the first case management hearing is that, if conducted properly, it should minimise or eliminate the need for further case management hearings. For more information see the Federal Court practice and procedure notes.

Enforcement Hearing


If you have received a judgment or money order in your favour and the party liable to pay refuses or delays in payment of that judgment/ order, you can apply to the Court for an Enforcement Hearing. The purpose of an Enforcement Hearing is to find out the financial position of the enforcement debtor so you can decide the most appropriate way of recovering what is owed to you.

Once an Application for an Enforcement Hearing is filed in Court the enforcement debtor will be summoned to appear in Court and answer questions under oath about their financial position and to bring to the hearing documentation to substantiate that position (e.g. pay slips, utility bills, bank statements etc.).

An Enforcement Hearing will generally last 30 minutes to an hour.

Sentencing Hearing


If a party pleads guilty or is found guilty, the Judge will set a date for a sentencing hearing. The purpose of a sentencing hearing is to weigh up the seriousness of the crime, impact on victims, the guilty party’s personal circumstances, criminal history, sentences given in similar cases and various mitigating circumstances.

Victims are permitted to attend and can give evidence to the Court about the impact the crime has had on them. Submissions are made by both the prosecution and defense to assist the Court in weighing up the appropriate sentence. Courts can issue non-custodial sentences, custodial sentences, and special orders. The Court must give reasons for the sentence.  Depending on the circumstances of the crime, a sentencing hearing can be as short as 15 minutes or several hours.

Planning & Environment Callover/ Reviews


You may need to attend several different hearings and reviews as part of your proceedings in the Planning and Environmental Court; for example, a directions hearing, review hearing, callover and final hearing.

A Directions Hearing is held to set the steps that must be taken by the parties and the time frame for completing those steps prior to final hearing.  The parties must exchange a proposed directions order at least two days prior to the directions hearing.

Reviews (or pre-callovers) are held several weeks before the final hearing. The parties are required to inform the court whether all steps have been completed, if not why and whether the matter will be ready for final hearing. A callover is the final review of the matter in which the Judge will allocate a final hearing date. Depending on the size of the daily law list and if parties are in agreement, reviews and callovers generally last 10 to 15 minutes.

The above list is not exhaustive. If you require assistance with a town agency matter that not listed above, please contact us.

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We work as a single united team with firms from around the Australia and give our clients the highest quality town agency service possible.