Litigation & Dispute Resolution
WHAT IS LITIGATION & ALTERNATIVE DISPUTE RESOLUTION
Litigation and alternative dispute resolution are the procedures by which individuals, businesses, companies and government bodies can seek to resolve their disputes by negotiation or have them determined by a Court or other tribunal.
Litigation is commenced when a party takes legal action in a Court or tribunal to assert their legal rights, and seek relief, usually financial compensation or orders requiring a party to take, or refrain from, certain action.
Alternative dispute resolution processes can be more flexible than litigation, and can be informal (such as direct negotiation), or formal (such as, “arbitration”, “conciliation”, or “mediation”).
Legal advice about litigation and alternative dispute resolution can be sought from the first indication that legal action may be commenced, or a dispute has arisen, including:
- Advice on the merits
- Pre-action notices and meetings
- Negotiation processes, and preparing deeds of settlement
- Formulating and drafting claims and defences
- Obtaining, preserving and analysing evidence
- Engaging expert witnesses
- Appearing in Court or in a tribunal at trial and on appeal
HOW CAN WE ASSIST IN LITIGATION & ALTERNATIVE DISPUTE RESOLUTION
We have a strong focus on, and our team is highly experienced in, alternative dispute resolution and risk mitigation strategies. Our approach is commercial and strategic. We assist you to achieve positive outcomes to the issues you may be confronted with.
Where possible, our priority is to resolve cases without the need to resort to litigation and the associated distraction, time, cost, and uncertainty that legal proceedings entail. Avoiding, preventing, or containing a dispute from escalating is often the objective. To this end, we are effective in the use of alternative dispute resolution procedures.
We align ourselves with your objectives and work closely with you when confronting challenges posed by the constantly changing legal and regulatory landscape in order to achieve an agreed strategy which delivers the best results. We focus on the issues that matter, not just the process.
Where litigation cannot be avoided, we have the expertise to handle cases effectively and efficiently. This includes assisting clients with document preservation and disclosure requirements throughout the course of the dispute, and developing strategies while managing the costs associated with litigation for clients.
We have acted for a range of individuals, businesses, companies (and against government bodies) across a wide variety of industries.
Areas of our work include:
- Administrative law, merits review and judicial review
- Aged and infirm persons’ protection
- Banking and financial services
- Building and construction
- Bankruptcy and insolvency
- Civil fraud
- Commercial and corporate
- Consumer protection and Australian Consumer Law
- Contract
- Corporate crime
- Debt recovery
- Defamation
- Employment and industrial
- Franchise
- Freezing orders, search orders and recovery of stolen funds
- Injunctions
- Intellectual property
- Insurance
- Insolvency, bankruptcy, restructuring and turnaround
- Joint ventures
- Negligence
- Partnerships
- Property and land use
- Regulatory inquiries and investigations
- Tax investigations
- Trusts
- Wills, estates and succession
