Disputes

Dispute Resolution & Litigation

Comprehensive Litigation & Dispute Resolution

Disputes require decisive action. We provide strategic legal advice so that you can make the right decisions and move forward with confidence.

Disputes are an inevitable part of life. We help you to navigate them by providing clear, strategic and practical advice.

We assist with:

dispute resolution;
litigation and Court proceedings; and
alternative dispute resolution (e.g. mediation).

Examples of the types of disputes we manage include:

contract disputes;
business disputes;
misleading and deceptive conduct disputes;
tax disputes;
employment disputes;
real estate and leasing disputes;
professional negligence disputes; and
trust disputes.

Approach

Our usual approach is to:

provide a clear and transparent quote;
develop a strategic plan based on your unique situation and objectives;
work tirelessly to achieve your desired outcome; and
regularly provide updates regarding our progress.

We tailor our approach depending on the nature of the dispute. Some disputes require collaboration and amicable commercial discussions. Others require a tenacious and robust approach. Whatever is required, we will adjust our approach to deliver results.

Fill in the form and someone from our team will be in contact shortly.

When can mediation be used for a business dispute? Can I force someone to attend a mediation?

Some business disputes have mediation as a mandatory stage in the dispute resolution process. For example, mediation is often a mandatory step in disputes between owners of a business before the matter can proceed to a formal Court hearing.

Other business disputes do not have a mandatory mediation as a part of the dispute resolution process. For these disputes, mediation can nevertheless be requested even though it is not mandatory.

Please contact us if you need assistance working out whether you can compel someone else to attend a mediation.

What if the business dispute isn’t resolved at mediation?

The best next step after mediation will depend heavily on:

the strength of your legal position;
the nature of the business dispute;
your unique pressure points, including any urgency to resolve the dispute;
whether the mediation came close to resolving the business dispute or not; and
other factors relevant to the dispute.

If the business dispute is not resolved at mediation, we can assist you to strategically plan the next steps.

What is business dispute mediation?

Mediation is a form of alternative dispute resolution. It involves an expert mediator facilitating discussions between the parties who are involved in the business dispute. It usually costs less and is less formal than Court.

Can I force my business partner to exit? Can my business partner force me out?

The ability to force out a co-owner depends on the relevant legal landscape that governs the relationship.

The documents that regulate the relationship between the co-owners (e.g. the Shareholders Agreement and Company Constitution) are key aspects of the legal landscape. The terms of these documents can be vastly different from situation to situation. Some of these documents provide a clear forced exit process, others do not. Looking at these documents is usually a sensible first port of call to understand what is and what isn’t possible.

If the documents governing the relationship between the co-owners do not contain a forced exit process, a forced exit can potentially be achieved with the assistance of the Court (e.g. via a winding up or oppression proceedings).

Alternatively, you can seek to negotiate a mutually agreed exit on appropriate terms. Some of the exit methods include:

an agreed sale of shares for a fair price;
a company buy-back of shares; and
a sale of the entire business to a third party.

We recommend obtaining tailored advice so that you can understand your legal position and strategic options.

How do you charge?

Trust is one of our core values. We pride ourselves on not causing 'bill shock'. Our usual approach is to provide you with a clear and transparent fee quote to ensure that there are no surprises. You can then make an informed decision about whether you want to proceed or not.

Do I have to go to Court?

Achieving a mutually agreed outcome outside of Court is usually the first port of call. If that is not possible, seeking the assistance of the Court may be an available option.

When should I get a lawyer involved?

Time is usually of the essence with disputes. We have seen situations in the past where issues have been caused due to clients coming to us too late after the dispute originally arose. So, it is usually sensible to get in touch with a lawyer once the dispute arises.

Jess Hill

Jess Hill

Director

Seamus Ryan

Seamus Ryan

Director

Sascha Kenny

Sascha Kenny

Senior Associate

Natalie Rossi

Natalie Rossi

Senior Associate

Daniel Urbans

Daniel Urbans

Associate

Leo Crnogorcevic

Leo Crnogorcevic

Law Graduate

Amy Debelak

Amy Debelak

Paralegal

Ben Kievit

Ben Kievit

Law Clerk