Litigation

Disputes arise in many forms across all areas of the business, and often require swift and decisive legal intervention. We regularly assist clients with:

• Contract disputes — non‑payment for goods or services, failure to deliver on promises, missed deadlines, or breaches of confidentiality or misuse of company information.
• Shareholder, partnership and ownership disputes — disagreements over business ownership and management, breach of director's duties, business valuations, oppressive conduct proceedings, and white collar crime.
• Property Disputes - caveat disputes, ownership disputes, retail and commercial tenancy disputes.
• Professional Negligence Claims - negligent advice from former lawyers, accountants, financial planners and other white collar professionals.
• Employment disputes — unfair dismissal and general protections, wrongful termination, discrimination or harassment claims, restraints of trade, enforcement of employment contracts, or non‑compete clauses.
• Regulatory compliance issues — disputes over licensing, permits, or adherence to industry standards.
• Consumer Disputes — consumer guarantees, false advertising, misleading and deceptive statements, behaviours and representations.

Our approach combines strong legal expertise with practical problem‑solving. We aim to resolve disputes early through negotiation or mediation, saving you time, cost, and stress — but we are also prepared to represent your interests in court if necessary.

Our process is designed to protect your business interests at every stage:

• Listening to your account of the dispute and gathering all relevant documents.
• Assessing the strengths and weaknesses of your position and advising on likely outcomes.
• Developing a tailored legal strategy aligned with your commercial goals.
• Negotiating directly with the opposing party or their representatives to settle the issues fairly.
• Engaging in alternative dispute resolution methods such as mediation or arbitration.
• Providing effective representation in court when disputes cannot be resolved amicably.

Businesses choose us for commercial disputes because:

• We take a client‑centred approach, keeping your goals front of mind and ensuring you are informed at every step.
• Our lawyers are skilled negotiators, able to handle high‑stakes discussions with professionalism and tact.
• We have a strong track record of resolving disputes quickly and effectively, saving clients time, resources, and stress.
• Our reputation is built on successful outcomes and long‑standing relationships with satisfied clients.

We bring clarity, strategy, and determination to every dispute — helping you protect your business and move forward into the future.

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Most of our clients will at least once during their lifetime build or know someone who will build a home or carry out substantive renovations to their home. We advise our clients, in both the domestic and commercial sectors including:

• Building contract advice, negotiation and preparation – HIA Contracts, domestic building contracts, instruments of agreement, standard from contracts in accord with Australian Standards;

• Risk management and Insurance claims advice –  defective building works, erroneous advice from key stakeholders such as architects, planners, builders, contractors, and subcontractors.  

• Legislation and regulation compliance – claims against builders for breaches of their licence, non-compliance with building standards and guidelines.

• Dispute resolution -  including resolution of domestic building disputes through Domestic Building Dispute Resolution Victoria (DBDRV) .

• SOPA - making and defending claims under the Building and Construction Industry Security of Payment Act (SOPA).
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Our team are experienced in all jurisdictions including the Domestic Building Disputes Resolution Victoria (DBDRV), the Victorian Civil and Administrative Tribunal (VCAT) and adjudication process for SOPA claims.

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We proactively actively work with insolvency professionals to guide businesses through what may be the most difficult decision they may need to make in business. We assist our clients with:

• Debt Recovery - recovering unpaid debts, creditors statutory demands and winding up proceedings, enforcing payment terms, and pursuing litigation if necessary, responding to ATO claims and director penalty notices.
• Personal Property Securities Register (PPSR)- registering secured interests and representing secured and unsecured creditors in the recovery of assets, property and debts.
• Restructuring — working with directors and company advisors to validly appoint the appropriate restructuring professions such as an administrator, liquidator, reciever or manager.
• Directors Duties - advising company directors on duties and company turnaround, safe harbour provisions.
• Distressed Asset Sales — negotiation and preparation of asset sale agreements, debt agreements.
• Litigation - conducting litigation for and against insolvency practitioners, including recoveries under the insolvency provisions of the Corporations Act and Bankruptcy Act concerning unfair preferences, uncommercial transactions and other voidable transactions
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