Advice, litigation and enforcement

Creditor

1. Document review

   Invoices, contracts, instruments, court judgments and correspondence are reviewed, and the appropriate enforcement route is identified by reference to the basis of the debt.

2. Commencing proceedings

   An enforcement request is filed with the enforcement office, the required expenses are paid and a payment order is served on the debtor.

3. Assessing an objection

   If the debtor does not object, the proceedings become final. Where an objection stays the proceedings, the available routes for setting aside or annulling the objection are assessed.

4. Attachment

   Once the proceedings are final, the debtor's assets, rights and receivables are investigated and attachment is sought over assets that may be attached.

5. Sale and recovery

   The sale of attached assets or the terms of a payment protocol are pursued, and sums recovered are transferred to the creditor.

Uncontested or contested

1. Initial assessment

   Whether the divorce will proceed on an uncontested or contested basis is assessed alongside claims concerning custody, maintenance and the division of assets.

2. Protocol or petition

   For an uncontested divorce, a protocol is prepared; for a contested divorce, a petition setting out the facts, claims and evidence is drafted.

3. Written submissions and evidence

   In contested proceedings, the parties exchange written submissions and notify the court of the documents and witnesses on which they rely.

4. Hearing and examination

   In an uncontested divorce, the judge hears the spouses in person. In contested proceedings, witnesses are heard and, where necessary, a social assessment report is obtained.

5. Judgment and finalisation

   Following judgment, the available appeal process is assessed. Once final, the judgment is entered in the civil register.

Suspect

1. Statement

   Before making a statement to the police or public prosecutor, a suspect may consult a lawyer; defence counsel may be present while the statement is taken.

2. Conduct of the investigation

   The public prosecutor gathers evidence. Unless access has been restricted by order, defence counsel reviews the file and requests the collection of exculpatory evidence.

3. Prosecutor's decision

   At the conclusion of the investigation, the public prosecutor either issues a decision not to prosecute or prepares an indictment.

4. Prosecution stage

   Once the indictment is accepted, trial proceedings begin; the defence is prepared, evidence is submitted and hearings are attended.

5. Judgment and appeals

   A regional appeal against the judgment is considered, followed, where the applicable conditions are met, by an appeal on points of law.

Creditor company

1. Review of records

   Invoices, delivery notes, contracts, current account statements, payment records and correspondence are reviewed together.

2. Mandatory pre-action mediation

   For commercial claims seeking payment of a sum of money, an application to a mediator is made before proceedings are issued.

3. Issuing proceedings

   If mediation does not result in settlement, proceedings are issued before the competent court and the parties exchange written submissions.

4. Examination of evidence

   Where necessary, commercial books and records are examined by a court-appointed expert, and the parties' other evidence is considered.

5. Judgment and recovery

   Following judgment, the available appeal process is assessed and judgment enforcement proceedings are conducted to recover the sum awarded.