Dispute Resolution
Litigation is an expensive, time consuming and stressful process for the parties involved. We understand from a business perspective that resolving a dispute without the need for litigation is usually the most commercial and effective way to enable businesses to get on with what they do best.
We explore all alternative dispute resolution processes with clients, prior to recommending litigation. If the matter can be settled by negotiation, mediation, arbitration, expert determination, or another alternative dispute resolution process, we will recommend that to our client and we will fight for our client’s rights through that process.
On some occasions, it is necessary in order to defend a client’s position or establish a point of principle for our client’s business, that litigation is the only alternative. We are known as formidable litigators who fight vigorously for our clients and achieve successful results. We are experienced in all Federal and State Courts and Tribunals. We have longstanding relationships with leading Junior and Senior Counsel, across a broad range of specialist areas, and can quickly put a team together to ensure the best possible support for our clients in litigation.
We always consider the most practical and commercial strategies and approaches to deliver the result desired by our clients. Litigation is a team effort and we work closely with our clients, with regular communication to ensure they are part of the process and are fully informed to make the best decisions throughout the litigation process.
Our experience includes:
- Retail and commercial leasing disputes
- Competition and trade practices litigation
- Shareholder disputes
- Arbitration and mediation
- Company director/officer and partnership disputes
- Commercial and contract disputes
- Insolvency and bankruptcy litigation
- Debt recovery
- Intellectual property disputes
Corporate and Commercial
Our team has solid expertise in corporate and commercial law, including both aspects of commercial transactions and the regulatory environment. We always work with our clients to establish the relevant commercial result desired, and provide strategic and straightforward advice in a suitable and timely way.
We work with small and medium sized businesses, up to large multinational and listed corporations. Our team is committed to delivering skilled, practical and clear legal advice, and are dedicated to assist clients no matter the issue.
Our experience includes:
- Franchising advice, including agreements and general franchise law
- Business structuring advice
- Corporate governance
- Shareholder, partnership and joint venture agreements
- Privacy regulation
- Competition and Consumer Act regulation
- Compliance reviews and programs
- Product recall advice
- Trusts
Contract Law and Negotiation
Our team are ready to handle any issue relating to the commencement of a new business. From providing initial advice on business practices, to assisting in setting up partnerships and joint ventures, the purchase or sale of a franchise, negotiating with third parties or suppliers and all registration processes, ensuring everything gets up and running smoothly.
We work with our clients closely to clarify all key information from the out-set, and provide insight into strategies or crucial points they have not yet considered. We can advise on present and future risks, and tailor our advice to each individual initiative to ensure successful outcomes every step of the way.
We also provide ongoing support as regularly as our clients desire, by keeping open lines of communication and checking-in after a transaction is completed. We understand the unexpected can occur, and are here to assist when any unforeseen or unavoidable issue arises down the road.
We have assisted clients across many major industries, including retail, healthcare and fitness, hospitality, telecommunication and building and construction.
Our team can assist with:
- General day to day advice
- Incorporation or acquisition, including due diligence
- Business sales and succession planning
- Compliance policies and contracts
- Negotiating and drafting any Contract, Deed or Agreement
- Amending, restructuring or advising on existing agreements
- Corporate Governance
- Franchising
Property Law
Our team has worked with both landlords and tenants, owners and property representatives, and investors and developers, to assist with a range of property issues. We have extensive experience and industry knowledge to support our clients in all commercial and residential markets, with a particular focus in the retail sphere.
We are ready to assist our clients with any unexpected issue that may arise, from assisting landlords having difficulties with tenants and vice versa, to interpreting and negotiating new contract terms or providing advice on risks and entitlements in new deals. We can help reduce delay or termination, with any complication or issue that may arise.
We are also on hand with our strong background in dispute resolution, to assist clients when things go wrong, despite their best intentions and meticulous planning.
Our team’s experience includes:
- Acquisition and disposal due diligence
- Contract interpretation, negotiation and variation
- All aspects of commercial and retail leasing
- Advice on easements and covenants
- Assignments, variations, surrenders and terminations of lease
- Tenant breaches, defaults and make good obligations (including negotiation and issuing notices)
- All aspects of Property dispute resolution
Restructuring and Insolvency
We have a strong specialist skill-set in this area, having acted for a range of clients, including both debtors and creditors, insolvency practitioners, company directors and shareholders and individuals in both personal bankruptcy and corporate insolvency matters. Our team has assisted in simple procedural issues, as well as protracted and complex insolvency disputes, involving complex investigation and examination processes.
We are also able to assist with restructuring of distressed companies, with the aim of stabilising a business and returning it to profitability, whilst also addressing any issues of present or future risk to directors and shareholders. This may involve advice on aspects of business management or corporate governance, addressing the involvement of a voluntary administrator, or succession and exit planning and implementation.
We have developed and maintained strong relationships with tenant representatives, insolvency practitioners, specialist barristers and the like, to ensure that our clients are well equipped and fully supported to deal with any challenge they may face.
Our team has experience in a number of areas, including:
- Pre-Insolvency Advice
- Voluntary administrations, receiverships and company liquidations
- Advice on Directors Duties, including Safe Harbour protections
- Bankruptcy and personal insolvency
- All Court applications, in any jurisdiction, including public examinations
- Deeds of company arrangement
- Retention of title claims
- Corporate restructures
- Assisting with asset sales and transfers
- Succession and Exit planning
Intellectual Property
Our team understands the challenges faced by businesses in this constantly evolving digital world, as well as the reputational and financial impact that breaches of privacy, confidentiality and copyright can have on our clients and their employees.
We have worked with many clients to help acquire or manage their brand, as well as assisting them in ensuring compliance with legislation and codes of conduct, protection of their product designs, techniques, technologies and trademarks, and providing ongoing support and advice as their business grows and expands.
We are also well equipped to assist our clients when breaches occur or disputes arise, developing efficient and timely strategies to tackle the issue and minimise the resulting damage. Our strong background in dispute resolution also means our clients are fully supporting through any necessary IP litigation, if disputes are unable to be resolved amicably.
Our team has experience with a range issues, including:
- All necessary Deeds and Agreements (confidentiality, non-disclosure)
- Franchising (including leasing and licensing)
- Developing or restructuring privacy policies
- General IP strategy and advice
- Developing and implementing product terms & conditions
- Distribution arrangements and agreements
- Trademarks, including registration, protection and infringement
- Dispute resolution and litigation
