Dispute Resolution & Advisory

Commercial disputes are rarely black and white, are often complex, and generally have a great deal at stake. Navigating the best pathway through them can be difficult, time consuming and – without wise counsel – unnecessarily expensive.

Our approach to disputes is pragmatic. We are interested in achieving the best practicable outcome for our clients, weighing up time, cost, reputational impacts, and other issues that will impact long term outcomes, including ability to conduct business. We provide cool, knowledgeable heads during what can be a stressful and confusing time.

Consequently, we avoid direct confrontation and seek negotiated outcomes wherever possible. We draw on a wide range of resolution methods, including mediation, expert determination and arbitration.

If litigation is unavoidable, however, we fight fiercely on your behalf.

Our clients come from multiple sectors and include high net worth individuals, privately owned businesses, public companies, multinational corporations, State and Federal government departments and government owned corporations.

We advise on a wide range of dispute-related issues such as insolvency, corporate compliance, shareholder issues, industry regulations, competition, taxation, trusts, property, business leases, insurance, intellectual property, white collar crime and administrative law.

Our expert lawyers represent clients in overseas jurisdictions to resolve their cross-border claims and issues, and in Australia routinely appear in the Supreme and equivalent District Courts across Australia, Federal Court of Australia, Civil and Administrative Tribunals and other arbitral bodies.

We can help you:

• Map a clear pathway through complex commercial disputes, whether they are based wholly within Australia or involve other jurisdictions and cross-border claims.

• Apply alternative dispute resolution techniques that offer the best chance to settle a claim quickly, including domestic and international arbitration.

• Manage how contracts are performed so other parties keep their end of the bargain and your business’ risk tolerance is properly managed.

• Terminate contracts when needed or enforce a breach of contract where it's in your commercial interests, and defend a claim that you’re breaching a contract and help you avoid unfair or unreasonable terms of contracts. Manage claims based on false, misleading or deceptive conduct and misrepresentation, alone or in conjunction with a contract claim.

• Manage claims that a person or business has accessorial liability for someone else’s wrongful conduct, especially where directors’ duties have been breached.

• Enforce your property rights, such as rights of access and easements.

• Avoid or enforce mortgages or guarantees, maintain or remove caveats and manage conflicts in commercial and retail leases.

• Enforce intellectual property rights such as copyright, trademarks, designs and patents or defend a claim that you’re misusing someone else’s rights.

• Protect your confidential information, including client lists, company or trade secrets and enforce restraints and non-competition clauses.

• Manage reputational and defamation issues.

• Prepare for and appear at inquires and commissions.

• Navigate Shareholder and partnership disputes.

• Manage corporate governance issues and disputes that arise in this context.

• Understand how regulators – such as ATO, ASIC, ACCC and TGA – think and pursue issues, and help you navigate their actions and protect your interests.

Publication

Subpoena Stamina - 4 things you need to know