Dispute Resolution & Litigation

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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:

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.

Lead Contact
Dispute Resolution & Litigation
Disputes

Director

Jess Hill

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FAQ

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.

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.

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.

Dispute Resolution & Litigation

Jess Hill

Director

Daniel Darling-Filby

Senior Associate

Fiona Bucknall

Law Graduate

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

PO Box 13255, Law Courts VIC 8010

Level 49, 360 Elizabeth Street, Melbourne VIC 3000

Level 10, 580 George Street,
Sydney NSW 2000

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