Disputes

Our disputes team focuses on the following core practice areas:

  • commercial dispute resolution and litigation
  • competition law and consumer law litigation
  • regulatory litigation
  • class actions
  • risk management

We act for clients operating in regulated industries and other commercial clients, regulators and government agencies.

We provide a high level strategic litigation service that is partner led with an emphasis on outcomes, not process.

Our approach is to use small focused teams, with further resources when required.  We believe that litigation is best managed by partners taking a hands-on approach and through dedicated lawyer involvement. We use barristers when it serves the client’s interest to do so, and where sensible and cost effective. We prefer to take the lead in the preparation of court documents and in any necessary pre-trial advocacy. Where a matter is document intensive, we rely on technology and are comfortable using LPO to reduce costs.

We pride ourselves on being strategic, economical and accessible in our approach and never let a dispute get ahead of a client’s overall best interests.

Commercial Dispute Resolution and Litigation

Our disputes capability focuses on transactional and other disputes across key economic sectors, including telecommunications, media, technology, fast moving consumer goods and a range of regulated industries.

Our team has extensive experience in all of the major disputes forums in Australia, including the High Court, the Federal Court, all major State Supreme Courts, the Australian Competition Tribunal and other state-based Tribunals.  We also have extensive experience in mediations and arbitrations.

We have experience acting in contractual claims, boardroom disputes, shareholder actions, claims against directors and other actions under the Corporations Act, claims arising from the breakdown of partnerships and between joint venture parties, franchising disputes, administrative law matters, negligence actions, claims involving restraints of trade and product liability claims.

We regularly advise clients on all contentious issues arising from the formation, performance and termination of commercial and corporate transactions.

Competition Law and Consumer Law Litigation

Our competition and consumer law litigation expertise is focused on actions under the Competition and Consumer Act and the Australian Consumer Law, including misleading or deceptive conduct, unconscionable conduct, cartel conduct, misuse of market power, exclusive dealing and third line forcing.  Our focus is on advising clients on the strategic aspects of competition and consumer law.

We have conducted major Part IV and Part V proceedings in the Federal Court and in the Australian Competition Tribunal and have been involved in numerous investigations on behalf of clients and for the Australian Competition & Consumer Commission. We have extensive experience acting both for the ACCC and in response to ACCC actions in enforcement matters and proceedings in the Australian Competition Tribunal relating to authorisations, notifications and declarations.

Regulatory Litigation

We have a particular focus on regulatory litigation in networked industries, such as telecommunications, energy and airports. This includes appeals of regulatory decisions and prosecutions by competition and other industry regulators.

Class Actions

We have extensive experience in class actions, with a focus on market leading, competition law class actions. We have acted in class actions in the Federal Court in relation to a number of alleged global cartels.

Risk Management

We are experts at the identification, review, planning and management of legal and commercial risk.

We are often called on by clients to prevent, manage and resolve risks that impact their operations. We have extensive experience in advising State and Commonwealth government agencies in relation to risk management arising out of privatisations, asset sales and major Government contracts.

Assistance with Conflicts – Separate and Independent Representation

We are ready to assist law firms that require assistance in our 3 locations with any potential conflicts of interest or where there is a need to refer clients to independent advisers. Read more about our services in Assistance with Conflicts – Separate and Independent Representation