Before court proceedings are issued, consideration should be given to other ways in which an agreement might be reached, often referred to as non-court dispute resolution. Your family lawyer can discuss the suitability of this with you and make recommendations as to what may be best for your circumstances.  In TOLATA 1996 proceedings the person who makes the claim against a property is called the applicant. The person against whom the claim is made is called the defendant. Before commencing a TOLATA 1996 claim, sufficient information should be exchanged so that you and the other party can understand each other’s position and decide whether it is possible to reach a settlement or how to otherwise proceed. At Robertsons Family Law we will discuss the steps required with you and the action you need to take.