Litigation & Dispute Resolution
Our passion is successfully resolving disputes. That is why we are experienced in disputes of every stripe. We have experience in various forums and jurisdictions including all industry ombudsmen and appearing in all Australian tribunals and courts.
We always try to resolve disputes as early and as cheaply as possible. We do this by adopting various methods of alternative dispute resolution and by being commercially orientated. Unfortunately, this is not always possible. Sometimes, it is necessary to follow a predetermined procedure or to escalate matters, even to litigation.
Our litigation & dispute resolution services are non-judgmental. We operate in all jurisdictions in Australia and provide assistance and advice at all stages of the dispute resolution life cycle. We pride ourselves on our history of achieving commercially beneficial outcomes for our clients, whether through alternative dispute resolution or litigation.
Out litigation & dispute resolution services include:
- Administrative and public law
- Building and construction disputes
- Consumer law
- Complex multi-party litigation
- Contract law
- Corporations and securities
- Employment law
- Insolvency and reconstructions
- Insurance litigation
- Intellectual property
- Real and personal property
- Tax litigation
Our experience in litigation and dispute resolution includes:
- Acting as solicitor on the record for two defendants in complex Supreme Court of NSW proceedings. The defendants were the former Managing Director/Chief Executive Officer and Company Secretary/General Counsel of an insolvent listed responsible entity. The plaintiffs alleged breaches of directors’ duties and claimed damages of approximately $30 million. We successfully settled the dispute before the hearing for an amount less than 5% of the claim’s value.
- Acting for an applicant in Federal Court of Australia proceedings with respect to claims of professional negligence, breaches of contract, and misrepresentation, during the provision of retail finance services advice under the Corporations Act 2001 (Cth) and Australian Securities and Investments Commission Act 2001 (Cth). We also simultaneously acted for the plaintiff with respect to an application to the Financial Ombudsman Service.
- Acting for a corporate judgment creditor against individual and corporate judgment debtors which were jointly and severally liable for a judgment debt ordered by the Supreme Court of New South Wales. This involved applying for garnishing orders and charging orders, appearing in examinations pursuant to Part 38 of the Uniform Civil Procedure Rules 2005 (NSW), and unwinding uncommercial transactions of the corporate judgment debtor which entered liquidation after the judgment debt.
- Acting for a skilled professional with respect to the termination of their employment contract and ancillary issues including termination payments and the effectiveness of restraints of trade.
- Successfully defending claims of breach of contract and quantum meruit in relation to residential building works.
- Acting for a national franchisor with respect to its demand for damages arising out of unpaid debts for supplied goods and early termination damages pursuant to the franchise agreement.
- Advising aggregators and brokers on disputes arising out of aggregation and sub-aggregation agreements including breaches of confidence and restraints, withheld commissions, suspension and termination, commission claw backs, and indemnities.
- Advising upon and drafting a deed of non-solicitation and non-competition on behalf of an aggregator whose former employee had breached confidentiality and misappropriated business information including client lists.
- Advising a broker on the termination of their aggregation agreement by the aggregator including successfully recovering withheld commissions and procuring a no adverse circumstances separation letter after the aggregator had previously issued an adverse circumstances separation letter.
- Acting for a prospective lessee against demands by the prospective lessor to forfeit rent paid in advance and key-money and lease preparation expenses purportedly arising out of a heads of agreement.
- Advising individuals on their interests in real property arising out of a promise under deed which was later caveated and subject to a Lapsing Notice and arising out of a constructive trust. This involved drafting a summons seeking orders extending the caveat, advising the parties on seeking orders for specific performance to enforce the promise under deed, and liaising with the trustee in bankruptcy of the former proprietor of the real property.
Acting for a claimant with respect to claims involving professional negligence and breach of contract arising out of the provision of accountancy and taxation advisory services.