Our Expertise

Disputes & Enforcement

Defaults, mortgage enforcement, caveats, debt recovery and the disputes that follow property and lending transactions.

Disputes & Enforcement

OneLegal acts on property and lending-linked disputes, with a focus on enforcement, recovery, and contentious matters where documentation and security positions are central to the outcome. Our work is concentrated on three areas: property and lending disputes, enforcement and recovery, and pre-action review. Each matter is handled to a defined scope, with a clear engagement letter setting out fee basis and the lawyer responsible.

Property and lending disputes cover caveat disputes, priority disputes, transaction failures, and contested security arrangements — including matters arising from documentation that was not prepared with enforcement in mind. Enforcement and recovery work covers mortgagee sales, debt recovery on secured loans, possession proceedings, and related applications. Pre-action review covers assessment of dispute prospects, documentation strength, and practical options before formal steps are taken.

The firm acts for private lenders, non-bank lenders, property owners, and professional referrers including accountants, brokers, and other lawyers who do not run disputes themselves. We do not market broad civil litigation work. Where a dispute sits outside our scope, we say so clearly and refer it on rather than take it on poorly.

Property and lending disputes

  • Caveat disputes — sustaining, removing, and contesting caveats
  • Priority disputes between secured creditors
  • Disputes arising from transaction failure or settlement breakdown
  • Contested security arrangements and guarantee disputes
  • Boundary, easement, and title-related disputes linked to property transactions

Enforcement and recovery

  • Mortgagee sale processes and supporting documentation
  • Debt recovery on loans secured against property
  • Possession proceedings and related applications
  • Default notices, demand letters, and pre-enforcement correspondence
  • Recovery on guarantees and supporting securities

Pre-action review

  • Assessment of dispute prospects and likely path
  • Review of documentation strength before formal steps
  • Identification of urgent issues — caveats, deadlines, limitation periods
  • Practical options analysis and cost-benefit assessment
  • Strategy advice for matters that may settle without formal proceedings

For referrers

We accept referrals from lawyers, accountants and other professional advisers where a property, lending or enforcement issue requires specialist legal input. Send us the key background, current stage and any urgent dates.

What to send when instructing

For a new dispute or enforcement matter, the firm typically needs a short summary of the dispute, the other party, the current stage, key dates including any deadlines or limitation periods, and any documents already available. Documents commonly include loan and security documentation, correspondence between the parties, any notices already issued, and any court documents if proceedings have started. The earlier we see the documents, the more options remain available. The disputes intake form captures this information in structured form. For urgent matters with imminent deadlines, a phone call is faster.

Representative matters

  • Acted for a respondent in High Court caveat proceedings involving subdivided property, competing contractual interests and disputed development funds.
  • Acted for an applicant in High Court caveat proceedings involving trust interests, receivership and a proposed property sale.
  • Acted for a company in High Court proceedings to set aside a statutory demand, involving disputed debt and related property-law issues.

FAQ

What areas does OneLegal focus on?

Property and development, lending and security, and disputes and enforcement, including debt recovery arising from property and lending matters. If a matter falls outside our focus, we say so early.

What happens after I make an enquiry?

We confirm receipt, run a conflict check and ask for anything needed to assess the matter. If we can act, we confirm the scope, fee basis and responsible lawyer. If the matter is outside our scope, we say so.

What should I send with my enquiry?

A short summary of the matter and any deadlines. For lending matters, include the loan amount, security and timing. For disputes, include the other party, key dates and current stage. Do not send confidential documents until we have completed a conflict check and confirmed in writing that we can act.