Experts in Commercial Dispute Resolution and Litigation

What happens when a dispute is between a contractor and a client, or business and an employee - and money comes into the equation? This is where things can get messy, time-consuming, and stressful. If you find yourself in a problematic situation where you can't resolve a commercial dispute, it might be time to seek our expert legal advice.

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is a collective term for processes such as mediation, arbitration, and expert determination. These processes enable parties to resolve their disputes without the need for litigation.

Building and Construction Disputes

The Australian construction industry is regarded as one of the most litigious and dispute-ridden industries. Given the wide range of trades and professional services required in the construction or renovation of a building, it is often the case that multiple parties are involved in a dispute.

Contested Debt Recovery

Broadly, debts may be recovered either through the courts, or by using creditor or collection agency personnel to negotiate repayments. Debt recovery through the courts is largely regulated by state and territory law and the procedural rules of the courts. The recovery process may include the repossession of assets, securities or other legal enforcement of security interests.

Contractual Disputes

A contractual dispute occurs when parties have conflicting interpretations over the terms of a contract and one party seeks specific performance or damages or both from the other party. It is usually preferable to resolve the dispute without court action wherever possible.

Injunctive Relief

Injunctive relief is a term used in contracts to describe that one of the parties may seek to stop the other party from doing something. A non-compete agreement, for example, may state that a seller may seek injunctive relief (that is, the party has the right to and will seek an injunction) against a suspected competitor.

Insurance Disputes

There are two aspects of professional indemnity insurance that make up the disputes that come to us: the advice about the nature and type of cover recommended by brokers (41%) and the cover itself as provided by medical indemnity insurers (59%).

Intellectual Property Claims

Intellectual property claims are legal actions brought by one party against another when a party feels its intellectual property (IP) rights have been infringed upon. Because many companies consider their IP to be their most valuable asset, they can often move aggressively to protect it if they feel an infringement has occurred.

Misleading and Deceptive Conduct

Section 18 of the Australian Consumer Law (ACL) (which applies in each State and Territory) prohibits misleading and deceptive conduct: "A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive."

Partnership Disputes

The most effective way to ensure that disagreements do not cause your partnership to deteriorate is to have well drafted partnership agreements in place at the commencement of your partnership. If your partnership agreement lacks clear direction on dispute resolution, Australian legislation such as the Partnership Act 1892 can aid in resolving your dispute.

Product Liability Claims

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain.

Property/Leasing Disputes

In entering into a commercial lease, disputes may arise between tenants and landlords. The lease will usually be the first document referred to in resolving any disputes. In resolving disputes, options will include informal negotiation, mediation, litigation (court) and various state-based tribunals in certain circumstances.

Shareholders' and Directors' Disputes

Shareholder disputes are disagreements between those who own shares in your company. Company disputes can be unpleasant and may impact on the overall productivity of your business. For this reason it is important that they are resolved swiftly.

Shareholder Oppression Claims

Minority oppression refers to conduct which falls within Section 232 of the Corporations Act and includes conduct which is contrary to the interests of the shareholders as a whole or oppressive to, unfairly prejudicial to, or unfairly discriminatory against a shareholder or shareholders.