Litigation and Dispute Resolution

Although we help our clients plan ahead, things don’t always go as planned. Where disputes arise, we assist clients with matters ranging from straightforward disagreements to complex, high value disputes and investigations. We deploy our unique skills to provide strategic advice and considered judgment to assist clients with any dispute that arises from their business dealings.

We have experience and commonly practise in the lower and superior Australian courts and tribunals. Where appropriate, we strive to assist in the resolution of disputes though alternative dispute resolution and arbitration. Where necessary, our lawyers have the breadth of experience to recommend the best strategy for litigation and we vigorously pursue our clients’ rights in court proceedings. The disputes we handle are important to our clients and that makes them important to us. 

We regularly assist with disputes concerning commercial contracts, corporate issues, directors and shareholders, property and leases, trusts, insolvency, franchises, construction, defamation, employment, professional negligence.

DATA AND PRIVACY

With the advent of technology, privacy is now under the spotlight more than ever. It’s imperative to ensure you’re compliant with data and privacy obligations under the law. Not only does this mean legally protecting yourself against cyber security threats, but it also involves having a compliant privacy policy to properly deal with any information you’re collecting from your customers.

Specifically, a privacy policy is required by law if you fall within the criteria prescribed under the Australian Privacy Act. You may also need a GDPR compliant privacy policy if your business has some connection to the EU. Even if not required by law, we generally recommend businesses consider implementing a privacy policy and regularly review their data retention practices.

Our specialist data & privacy lawyers are ready to assist with providing tailored privacy policies and other data & privacy advice, including drafting privacy policies, health privacy statements and more.

Debt Recovery and Insolvency

Gold and silver are money, everything else is credit. We are here to help individuals and companies pursue their rights to recover debts, from initial demands to final bankruptcy and liquidation and everything in between.

Typically, transactions in the commercial arena are usually far more complex than simple debts. We provide advice and assistance in relation to bankruptcy notices and statutory demands and individuals and companies often seek our advice with matters including voluntary administrations, deeds of company arrangement, bankruptcy arrangements, creditors’ voluntary liquidations, provisional liquidations and court ordered liquidations.

Sometimes, issues can arise between creditors and directors can also be brought into the mix. We have expertise in assisting with disputes between competing creditors, and claims brought against directors for insolvent trading. We commonly act in disputes regarding voidable transactions, uncommercial transactions and unfair preferences.

GOVERNMENT CONTRACTS

Government departments, agencies and statutory authorities play a crucial role in policy implementation, reform, economic growth and stimulus, infrastructure development, regulating the market and delivering services to the community. They contribute and influence the market, private sector activities and how business is undertaken.

Our lawyers have worked within state and federal government agencies and have the level of understanding to assist you in your negotiations and contractual arrangements within the public sector. We understand legal positions that government agencies are bound to and the complex agreement frameworks that are mandated within this sector. We understand the dichotomy between protecting your interests but also knowing your limits. We can simplify the government contractual process for you efficiently in order to obtain the best commercial result for your business. We specialise in drafting balanced agreements, reviewing government agreements, government panels, Privacy and GIPA obligations and government procurement frameworks.

COMMERCIAL CONTRACTS

Business is about building relationships. We believe a good relationship is only as good as the commercial terms that underpin it. We are here to make the legal tasks simple so our clients can focus on what they are good at – business. Ensuring each party’s obligations are explicit, clear and in a formal legal instrument to protect their interests and risks is what we do. Contracts can secure your revenue streams, and set out the rules that govern your relationships with your customers, clients, partners or suppliers and provide for a healthy relationship. They protect your commercial and legal risk. Investing in a solid contract before entering into an arrangement with another party can save you and your business from expenses down the track if a dispute arises.

Whether it is preparing a bespoke agreement for you, marking up the other party’s agreement to ensure your interests are protected, or providing you with a suite of documents to suit your requirements we can do as much or as little as you need. We specialise in all commercial contracts including service agreements, consulting agreements, hire and rental agreements, franchise agreements, sale agreements, supply agreements, distribution agreements, reseller agreements, referral agreements, sponsorship agreements, confidentiality and non-disclosure agreements.

Employment Law

When it comes to employment law we make the law work for you. We regularly advise employers and employees in relation to workplace agreements and workplace policies, with particular emphasis on rights, obligations and risks associated with the workplace. Despite the best intentions often present at the beginning of employment relationships, human resource management in any workplace often results in conflict and dispute resolution.

Deploying our deep understanding of employment legal concepts and strategies, we assist both employers and employees with matters including unfair and unlawful dismissal claims, jurisdictional issues, workplace bullying, restructuring and redundancies, advise and disputes arising under the national employment standards, disputes regarding underpayment of wages and other breaches of employment awards, contractor disputes, health and safety matters and enterprise bargaining issues. 

We also deal with Fair Work Commission investigations into employer compliance with the provisions of the Fair Work Act and other legal obligations. We assist employers in responding to such investigations and defending any court proceedings that may be brought against them. Similarly, we assist employers deal with legal proceedings brought on behalf of employees generally and conversely assist employees with such claims.