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Commercial Litigation

 
“Disputes should be resolved efficiently and cost effectively. Our Commercial Litigation team aims to find the best strategies to protect our clients’ interests. Our clients value our ability to understand the key drivers of any dispute and use these to effect best-case outcomes.”
 
Wayne Kelcey, Partner and Head of Commercial Litigation

 

Services and Expertise

Our Commercial Litigation team is highly experienced in all forms of litigation. Our partners are actively involved, when litigation is unavoidable, in developing strategies to manage court proceedings and achieve the best possible results.

 

Our expertise covers all forms of litigation, including contractual and property disputes, trade practices, tax, insolvency and insurance litigation. We advise across a range of industries, including construction, transport and logistics, energy and resources, intellectual property, information technology, health, retail, property and workplace relations.

 

We have the skills and resources to manage large scale litigation and tight timeframes. Our aim is to reach the determination of disputes as quickly as possible, always considering commercial imperatives. We use our expertise and industry knowledge to avoid court proceedings where appropriate.

Areas of Legal Expertise

We advise on disputes arising in a wide range of areas including:

  • commercial law, including contracts
  • insolvency
  • various corporate disputes, including shareholder disputes
  • product liability
  • trade practices issues
  • property issues, including leasing
  • intellectual property disputes
  • administrative and government law
  • building and construction
  • directors' liabilities
  • joint ventures and partnerships.

Additional Services

As well as legal services, we offer clients various complementary services including:

  • conducting seminars on relevant topics
  • providing regular updates on changes to laws affecting our clients
  • making introductions to other clients where synergies may evolve, particularly where business development may result.

Experience

Some recent matters our team members have worked on include:

  • acting for Ericsson Australia Pty Ltd in relation to two construction disputes for $115 million and $117 million respectively, incorporating a series of security of payment claims and an international arbitration 
  • acting for a national vehicle manufacturer in relation to a contractual dispute with a former supplier 
  • acting for a property developer seeking to remove restrictive covenants on Title in relation to significant land holdings, with a view to redeveloping the properties in question 
  • acting for a registered trade mark owner in opposing applications for non-use 
  • acting for a shopping centre owner/developer in litigation (specifically attracting the security of payments legislation in all state jurisdictions) with builders and other contractors 
  • representing an overseas bank in the successful defence of a series of class actions arising out of an Australian Taxation Office initiative to retrospectively disallow deductions claimed by investors in various films and live shows 
  • acting for one of Australia's leading extractive industry corporations in litigation concerning a regional quarry facility.

RELATED INFO

OUR PEOPLE

  • Paul Buitendag
    Partner
  • Leneen Forde
    Partner
  • Wayne Kelcey
    Partner
  • Adrian Lasky
    Partner
  • Gino Potenza
    Partner
  • Graeme Scott
    Partner
  • Peter Macnish
    Special Counsel
  • Justin Evans
    Senior Associate
  • Jennifer Holdstock
    Senior Associate
  • Justin McCleave
    Senior Associate
  • Jarrod Munro
    Senior Associate
  • Katherine Payne
    Senior Associate
  • Katerina Poulakis
    Senior Associate
 

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