Litigation

Key personnel in our Commercial Litigation Team include Accredited Specialists in Commercial Litigation, graded arbitrators and accredited mediators.

Our team has a focus on timely, reliable and cost-effective representation during the course of a dispute, whether or not it is ultimately litigated. We operate under the model litigant guidelines because we believe this gets the best results for our clients while maintaining a focus on the costs.

Our approach to disputes has consistently been to invoke one or more of the following techniques as soon as all necessary information has been obtained:

  • informal settlement conferences
  • mediation
  • arbitration
  • independent third party evaluation
  • appointment of binding single expert.

Members of our team have a successful track record of convening informal settlement conferences and mediations for parties in disputes. We know the importance of adopting a consultative rather than confrontational approach in dealings with all relevant parties.

We are always mindful of the fact that litigation processes are expensive and the longer the matter remains unresolved the greater the costs to the client, whether they be monetary, reputational damage or otherwise. We are also prepared to provide frank advice to clients.

But, when required, we will litigate and we have experience at all levels of the judicary from VCAT to the Supreme Court.

Our team also litigates matters effectively interstate and we have also resolved disputes with international issues.

Our Commercial Litigation Experience

  • Advising a global beverages company in a dispute over monies owed under a distribution agreement, the dispute was resolved on commercial terms through negotiation.

  • Advising a Singapore-based family in dispute over more than $100m assets held in Australia. This has involved dealing with the Singapore High Court as well as dealing with the issues of a client that lives and works in another country. This action has been part settled by negotiation.

  • Advising a waste disposal company in dispute with multiple Councils and the EPA concerning the construction, management and general operation of waste management facilities. These actions were settled out of court by negotiation.

  • Advising a financial services provider on a professional indemnity insurance claim in respect of a claim against a new employee arising from his work with his former employer.

  • Conducting Supreme Court litigation in relation to a dispute between joint venturers regarding a joint venture to develop a building in the Melbourne CBD.

  • Acting for a franchise holder in a dispute with a new owner of the national franchise. This dispute dealt with the rights and obligations of the respective parties under their agreements and was settled following mediation.

  • Acting for an IT company in the Federal Court in an IP dispute with the importers of Chinese manufactured furniture over the use of flat pack designs, photographs and assembly instructions for computer desks. The matter was settled at mediation.

  • Conducting Supreme Court and High Court litigation on behalf of an Asian based manufacturer when its supply agreement with an Australian based business was wrongfully terminated.

  • Acting on behalf of directors relating to alleged breaches of directors duties.

  • Conducting Supreme Court litigation on behalf of an agricultural equipment manufacturer in a dispute with a former contractor who was manufacturing similar products in breach of the manufacturer’s intellectual property rights which included registration and revocation of a design under the Designs Act 2003 (Cth).

  • Advising a client on negotiations with a water authority for the purchase of land prior to a compulsory acquisition being gazetted. We also provided the client with taxation advice through the process.

  • Advising clients with respect to breaches of restraint of trade clauses in contracts.

  • Advising on various partnership disputes, including complex issues around share holding percentages and values.

  • Advising the Royal Society on disputes with members in respect of issues relating to the conduct of the society.

  • Advising a member of the State Parliament of Victoria on an FOI claim seeking files from a Government department concerning official Government reports and related documents.

  • Advising a client objecting to the release of an EPA report to protect commercial-in-confidence facts and to prevent possible litigation.

  • Advising a real estate industry client in a commercial dispute.