Dispute Resolution
Litigation
Litigation poses a great financial and professional risk for most clients. We help our clients reduce that risk and to make the right commercial decisions
We seek to reduce client risk by resolving disputes through negotiation and mediation. When resolution is unavoidable, we litigate promptly, efficiently and at a reasonable cost
We resolve disputes between financial advisor's and their clients through IDR and AFCA
We also resolve disputes between super funds, banks and their customers through IDR and AFCA
We resolve company disputes between directors and also between shareholders
We resolve business services and supplier disputes. We help businesses comply with their regulatory obligations
We help professionals and directors who are the subject of regulatory investigation
We help business owners get government decisions reviewed
We advise creditors on their rights when dealing with insolvent companies
We represent them in voidable transaction negotiations
Dispute Resolution
We seek to resolve disputes through mediation and negotiation, only starting litigation when there is no other option
We use mediation and negotiation so that your legal costs are reduced, so there is a prompt outcome, and so that client risk is reduced
Correspondence
We use without prejudice correspondence to negotiate the right outcome for our clients, while at the same time reducing the risk of litigation costs
This is often done in tandem with open correspondence that protects the client's rights and unequivocally states their legal position
Mediation
We find the right mediator for each matter, based on their skills and expertise. We carefully scope the mediator brief, focusing on the real issues in dispute
We set out the client's legal position in advance of the mediation and negotiate to achieve the desired outcome at the mediation
Settlement Conferences
We negotiate face-to-face with the other party, looking for commercial outcomes suitable for both parties
This often takes the form of without prejudice conferences attended by the parties and their lawyers, the client having the space to negotiate while preserving their open position
Litigation
When litigation is unavoidable, we conduct court proceedings efficiently and at a reasonable cost
We identify the real issues in dispute as soon as possible and then seek to expedite the litigation so there can be a prompt determination of those issues
Court Documents
We use court documents as a way to identify the real issues in dispute, rather than taking every point
We put the other party to proof if there are defects in their court documents seeking the right particulars to support your claim or defence
Evidence
We help you identify the documents directly relevant to the issues in dispute and promptly disclose that evidence
We identify defects in the other party's evidence, seeking to address this in pre-application correspondence
Hearings
We look for ways to limit the cost and duration of hearings, including arriving at agreed facts and looking for separate issues that can be determined first.
We comprehensively prepare for hearings, including briefing the right barrister to advocate for you