With the growing complexity of commercial transactions, disputes are an unfortunate reality.
Our focus on understanding our client’s business and their commercial objectives allows us to provide early strategic advice and deliver practical, business focused solutions to successfully resolve disputes.
As our clients often wish to maintain a commercial relationship with the other party once a dispute is resolved, our philosophy is that, in most cases, a successful outcome does not involve litigation or arbitration. Where litigation is unavoidable, we work closely with our clients to develop a strategy designed to ensure the best possible outcome in the most timely and efficient manner.
Working with a broad range of entities across a number of industries, we also understand that a combination of specialist legal and industry knowledge, practical legal process skills and project management is critical to a successful outcome.
We have extensive experience in all types of dispute resolution, both formal (statutory adjudication, litigation and arbitration) and alternative dispute resolution (such as mediation, expert determination, negotiated settlements and dispute resolution boards) across specific fields of expertise, including:
- Banking, finance, securities and asset management – obtaining enforceable orders for possession, statutory compliance audits, appointment of receivers and controllers over secured assets, asset protection advice, coordinating the sale of secured assets, and the recovery of shortfalls following the realisation of secured assets.
- Contractual and commercial disputes – breach of fiduciary duties, partnership and shareholder disputes, contractual rights, competition and consumer law claims, and commercial loss claims.
- Construction and infrastructure – disputes relating to the design, construction, operation and financing of civil infrastructure (e.g. roads, rail, tunnels), commercial and industrial buildings, social infrastructure (e.g. hospitals, education), and energy and resources facilities and infrastructure (e.g. power, oil and gas, mining).
- Debt recovery and enforcement – unsecured and secured debt recovery, enforcement of personal guarantees, bankruptcy and winding up applications, and enforcement of Court judgments and orders.
- Employment and safety – unfair dismissals, adverse actions, anti-discrimination, bullying, workplace health and safety, and industrial relations disputes and claims in various tribunals and courts.
- Insolvency and corporate restructuring – enforcing and advising on secured creditor and unsecured creditor rights, PPSA security interests, voidable transactions including unfair preferences and uncommercial transactions, property realisation and recoveries, receiverships, deeds of company arrangement, restructures and work outs, and examinations and investigations.
- Insurance (Insurer only) – compulsory third party claims involving motor vehicle accidents, construction and special risks (e.g. injury claims from construction projects, contract works and property damage, and professional negligence), financial lines (e.g. directors & officers liability and employers liability claims), professional risks in respect to professional indemnity claims, public and product liability claims, marine insurance, transport claims, and workers compensation claims.
- Property, planning and environment – commercial tenancy disputes, commercial disputes involving real and personal property, prosecution and enforcement proceedings for breaches of planning schemes, representation and advice on environmental matters, and representation at mediation and in appeals before planning tribunals and the Supreme Court.
- Technology and intellectual property – technology project disputes including privacy issues, licensing disputes, and intellectual property infringement and enforcement (e.g. copyright, designs, patents and trademarks).
CONTACT OUR TEAM
For advice on all Dispute Resolution issues please contact: