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Litigation

Overview

The litigation team works closely with clients to achieve their immediate and long-term commercial objectives. Renowned for their expertise in complex and difficult court battles, our team members are also strong negotiators when compromise is needed and are always conscious of the commercial and ethical imperatives of our clients. Our experience includes corporations law proceedings, commercial disputes, property related disputes, construction and engineering litigation and advice, major debt recovery and Land and Environment Court proceedings.

Expertise

  • Alternative dispute resolution: mediation and arbitration
  • Commercial disputes
  • Corporations law proceedings
  • Property related disputes
  • Major debt recovery
  • Insolvency and bankruptcy advice (acting for creditors)
  • Land and Environment Court proceedings
  • Negligence litigation (acting for and against insurers)
  • Product licenses
  • Restrictive trade practices: resale price maintenance, refusal to supply
  • Service agreements and employment litigation
  • Sophisticated remedies in Superior Courts
  • Trade Practices Act litigation

Experience

  • Acted on behalf of a large overseas oil and gas company in a fraud claim against its former Australian solicitor
  • Acted for an employer against its bank for allowing unauthorised withdrawals (fraud) by the client’s employee
  • Recovery of $1.5 million from the ATO for a liquidator of an insolvent company together with an indemnity costs order
  • Successful verdict in an action against a large corporation for negligence and misleading and deceptive conduct
  • Enforcement of terms of an employment contract on behalf of an employer, in respect of customer poaching
  • Judgment in favour of an accounting firm client recovering unpaid fees
  • High Court appeal in a multi-million dollar contract claim
  • Judgment and costs awarded in favour of a client pursuing an alleged breach of joint venture arising from a building development
  • Contractual disputes over a sale of a multi-million dollar property
  • Proceedings in a misrepresentation claim against a vendor of a multi-million dollar wholesale/retail business, protecting the interests of our client in avoiding a damaging and expensive extended court hearing
  • Successful appeal against a council’s ruling on behalf of a building and construction firm seeking approval of a large multi-building home unit development
  • Assisted with establishment of a national franchise system, involving extensive dealings with the Australian Competition and Consumer Commission (ACCC)
  • Advised on compulsory acquisition of a company by its major shareholder, ensuring compliance with corporations law and dealing with the Australian Securities and Investment Commission (ASIC)
  • Advised a national charity with respect to various contractual arrangements involving commercial, employment and corporate matters

Publications

"Who really brings the game into disrepute?"

A public spat. A drunken fall. A scathing comment. Professional athletes, like many of us, occasionally do careless and reckless things. Unlike many ...

20 Jan 2015 / Tom Johnston, Senior Associate and James Skelton, Solicitor read more
Testing the water - does a builder owe a duty of care to an Owners Corporation?

In an important decision which has ramifications for Owners Corporations, the High Court has recently held that a builder did not owe a duty of care to an ...

18 Nov 2014 / Michelle Harpur, Partner and Caterina Meduri, Solicitor read more
Mr Process Server wants to connect with you...

Recently the Irish High Court ruled that court documents could be served via a person's LinkedIn account. The widespread adoption and active engagement ...

17 Nov 2014 / Tom Johnston, Senior Associate and James Skelton, Solicitor read more
Practice note: Approval of provisional liquidator's remuneration

In this article we look at a recent decision which provides a reminder of the matters which need to be addressed when seeking court approval for the ...

14 Jul 2014 / Marc Baddams, Senior Associate and Caterina Meduri, Solicitor read more
Liquidators' right to recover

In a recent decision, the High Court of Australia has provided important confirmation regarding the right of a liquidator to recover costs and expenses ...

14 Jul 2014 / Georgina King, Senior Associate and Elizabeth Santifort, Solicitor read more

Extending a convening period before it expires - relevant principles

The administrator of a company under administration must convene a meeting of the company's creditors within the convening period set out in section 439A(5 ...

2 Jul 2014 / Marc Baddams, Senior Associate read more

Construction Update - New changes to Security of Payment legislation

Amendments to the NSW Security of Payment legislation are expected to commence in April 2014. In this article we take a look at these significant ...

13 Feb 2014 / Michelle Harpur, Partner and Tom Johnston, Senior Associate read more

Association Memberships
Tristan Jepson Memorial Foundation
  • 2017 - Winner Lawyers Weekly 30 Under 30 Awards
  • 2017 - Finalist Lawyers Weekly Australian Law Awards
  • 2017 - Finalist Lawyers Weekly Women in Law Awards