Litigation & Dispute Resolution

Litigation & Dispute Resolution

Litigation & Dispute Resolution

In the post-mining boom economy, commercial disputes are on the rise as businesses look at ways to tighten expenditure and divest themselves of liabilities.

A flourishing litigation funding industry has seen increased activity in the class actions space in recent times. Following some high profile claims, securities class actions and product liability class actions have become an area of focus for plaintiff law firms. Being a party to a class action is a material commercial risk for Australian companies, particularly given the scale of these types of actions and the exposures they bring.

The proliferation of regulatory investigations and enquiries which reach beyond public bodies are also exposing corporate and private interests to public scrutiny and the possibility of follow-on litigation.

Where litigation cannot be avoided, we have the expertise to run the process effectively and efficiently, using the latest technology to keep costs in check.

Our Experts

BALCHIN Adam website grey SIZED TH

Adam Balchin

Special Counsel Location Brisbane Profile
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Andrew Korbel

Partner Location Sydney Profile
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Anna Ross

Partner Location Sydney Profile
Annette Hughes

Annette Hughes

Partner Location Melbourne Profile
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Ben Davidson

Partner Location Melbourne Brisbane Profile
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Brad Woodhouse

Partner Location Sydney Profile
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Bronwyn Lincoln

Partner Location Melbourne Profile
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Carol Lee

Special Counsel Location Brisbane Profile
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Chris Horsfall

Special Counsel Location Melbourne Profile
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Chris Pagent

Partner Location Sydney Profile
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Chris Ryder

Partner Location Perth Profile
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Colin Lockhart

Counsel Location Perth Profile
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Colleen Martin

Special Counsel Location Melbourne Profile
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Daniel Marquet

Partner Location Melbourne Profile
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David Abernethy

Partner Location Brisbane Profile
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David Starkoff

Special Counsel Location Sydney Profile
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David Yates

Partner Location Perth Profile
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Estelle Blewett

Special Counsel Location Perth Profile
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Frances Williams

Partner Location Brisbane Profile
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Frank Lawson

Partner Location Sydney Profile
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Ian Dallen

Partner Location Sydney Profile
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James Davidson

Special Counsel Location Brisbane Profile
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James Whittaker

Partner Location Sydney Profile
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Janine Young

Partner Location Melbourne Profile
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Jennifer DeJong

Special Counsel Location Melbourne Profile
Jim Micallif.jpg

Jim Micallef

Special Counsel Location Sydney Profile
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John Stragalinos

Partner Location Melbourne Profile
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Joseph Barbaro

Partner Location Melbourne Profile
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Julie Cameron

Partner Location Brisbane Profile
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Kirsty Sutherland

Partner Location Perth Profile
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Lee Carroll

Special Counsel Location Melbourne Profile
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Lisa Harris

Special Counsel Location Brisbane Profile
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Mark Wilks

Partner Location Sydney Profile
BYRESMartin.jpg

Martin Byres

Special Counsel Location Brisbane Profile
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Matthew Critchley

Partner Location Melbourne Profile
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Matthew Muir

Partner Location Brisbane Profile
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Michael do Rozario

Partner Location Sydney Profile
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Michael Earwaker

Partner Location Sydney Profile
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Michael Kimmins

Partner Location Brisbane Profile
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Michelle Carr

Partner Location Sydney Profile
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Michelle Dean

Special Counsel Location Perth Profile
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Nicholas Ellery

Partner Location Perth Profile
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Nigel Duffield

Special Counsel Location Melbourne Profile
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Richard Flitcroft

Partner Location Sydney Profile
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Richard Leder

Partner Location Melbourne Profile
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Rod Dann

Partner Location Brisbane Profile
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Sam Delaney

Partner Location Sydney Profile
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Sarah Schnabel

Special Counsel Location Sydney Profile
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Seanna Strong

Special Counsel Location Brisbane Profile
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Spencer Flay

Partner Location Perth Profile
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Stan Lewis

Partner Location Sydney Profile
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Tracy Caspersz

Counsel Location Perth Profile

Our Thinking

Just because the window’s open doesn’t mean you can trade: three traps for ‘insiders’

As insider trading continues to be a key focus of ASIC’s enforcement policy and the sophistication of ASIC’s market surveillance technology increases, this article provides a refresher on insider trading laws and highlights three circumstances where

More

Will an adjudication determination ordering a party to pay money prevent that party from calling on contractual security?

A recent WA Supreme Court decision clarifies the scope of sections 38 and 45(3) of the Construction Contracts Act 2004, important provisions concerning the binding nature of adjudication determinations and their admission into evidence.

More

ASIC’s Christmas Came Early – More Funding, More Powers and Industry Pays

20 April 2016 was a big day for ASIC.

More

Anti-Bribery and Corruption Compliance - Do you pass the front page of the newspaper test?

6 April 2016 |

More

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

More

Reform fatigue as superannuation consultation commences once again

The Productivity Commission’s review into the competitiveness and efficiency of Australia’s superannuation system is underway with public consultation now occurring.

More

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

More

Small business, consumer protection, agriculture and excessive credit card surcharges: the ACCC’s enforcement priorities for 2016

On 23 February 2016, Rod Sims launched the 2016 ACCC Compliance and Enforcement Policy. The ACCC has identified new enforcement priorities that include enforcement actions against large businesses, consumer guarantees and agriculture.

More

Buyer and Seller Beware: Warranty and Indemnity insurers may be in a stronger position than the Seller

There has been considerable growth in the use of warranty and indemnity insurance, and in particular “Buyer Side Policies”, in commercial transactions. Under these policies, the position of the Insurer may be far stronger than many realise.

More

A fish rots (only) from the head?

The well-known maxim that a fish rots from the head down gives the clear message that when an organisation has failings, its leaders are to blame. Regulators are making a concerted push for greater enforcement powers- focussing on failures in corpora

More

Financial advice: The computer will see you now – Six considerations for deploying robo-advice in Australia

Traditional financial services business structures are under threat from rapid digital innovation. Financial advisers are increasingly being replaced by sophisticated computer programs.

More Download

Freezing orders can preserve enforcement of international and domestic arbitral awards

A recent High Court decision means that freezing orders for assets in Australia are available in respect of domestic and international arbitrations, regardless of the seat of the arbitration or underlying law of the dispute.

More

High Court allows agreed civil penalty submissions with regulators

The High Court has set aside the Full Court decision and reinstates in excess of twenty years of authorities relating to the ability of parties that are the subject of civil prosecutions to make joint submissions about the appropriate pecuniary penal

More

Governance-driven reforms stir controversy in superannuation sector

Superannuation has long been an emotionally charged area of Australian political debate. The highest standards of governance, coupled with regulatory stability, are essential to maintain the public’s confidence in a system which manages over $2 trill

More Download

Promoting fair work practices in franchisees

Since the new Franchising Code of Conduct came into effect earlier this year, there has been an increased focus on franchise issues. This article explores one important issue in this regard – the role of franchisors in promoting fair work practices

More

What Google’s potential liability for defamation means for protecting your reputation

Why now more than ever is a good time to check what search results come up when you google yourself.

More

Damaged Goods. High price paid for warranty breach

Addressing unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of contract.

More Download

Show me the money! Player agents and conflicts of interest!

Player agents operate in a competitive and lucrative industry. It is trite to say that professional sport in the 21st century is big business.

More Download

Our Thinking

Just because the window’s open doesn’t mean you can trade: three traps for ‘insiders’

As insider trading continues to be a key focus of ASIC’s enforcement policy and the sophistication of ASIC’s market surveillance technology increases, this article provides a refresher on insider trading laws and highlights three circumstances where

Will an adjudication determination ordering a party to pay money prevent that party from calling on contractual security?

A recent WA Supreme Court decision clarifies the scope of sections 38 and 45(3) of the Construction Contracts Act 2004, important provisions concerning the binding nature of adjudication determinations and their admission into evidence.

ASIC’s Christmas Came Early – More Funding, More Powers and Industry Pays

20 April 2016 was a big day for ASIC.

Anti-Bribery and Corruption Compliance - Do you pass the front page of the newspaper test?

6 April 2016 |

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

Reform fatigue as superannuation consultation commences once again

The Productivity Commission’s review into the competitiveness and efficiency of Australia’s superannuation system is underway with public consultation now occurring.

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

Small business, consumer protection, agriculture and excessive credit card surcharges: the ACCC’s enforcement priorities for 2016

On 23 February 2016, Rod Sims launched the 2016 ACCC Compliance and Enforcement Policy. The ACCC has identified new enforcement priorities that include enforcement actions against large businesses, consumer guarantees and agriculture.

Buyer and Seller Beware: Warranty and Indemnity insurers may be in a stronger position than the Seller

There has been considerable growth in the use of warranty and indemnity insurance, and in particular “Buyer Side Policies”, in commercial transactions. Under these policies, the position of the Insurer may be far stronger than many realise.

A fish rots (only) from the head?

The well-known maxim that a fish rots from the head down gives the clear message that when an organisation has failings, its leaders are to blame. Regulators are making a concerted push for greater enforcement powers- focussing on failures in corpora

Financial advice: The computer will see you now – Six considerations for deploying robo-advice in Australia

Traditional financial services business structures are under threat from rapid digital innovation. Financial advisers are increasingly being replaced by sophisticated computer programs.

Freezing orders can preserve enforcement of international and domestic arbitral awards

A recent High Court decision means that freezing orders for assets in Australia are available in respect of domestic and international arbitrations, regardless of the seat of the arbitration or underlying law of the dispute.

High Court allows agreed civil penalty submissions with regulators

The High Court has set aside the Full Court decision and reinstates in excess of twenty years of authorities relating to the ability of parties that are the subject of civil prosecutions to make joint submissions about the appropriate pecuniary penal

Governance-driven reforms stir controversy in superannuation sector

Superannuation has long been an emotionally charged area of Australian political debate. The highest standards of governance, coupled with regulatory stability, are essential to maintain the public’s confidence in a system which manages over $2 trill

Promoting fair work practices in franchisees

Since the new Franchising Code of Conduct came into effect earlier this year, there has been an increased focus on franchise issues. This article explores one important issue in this regard – the role of franchisors in promoting fair work practices

What Google’s potential liability for defamation means for protecting your reputation

Why now more than ever is a good time to check what search results come up when you google yourself.

Damaged Goods. High price paid for warranty breach

Addressing unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of contract.

Show me the money! Player agents and conflicts of interest!

Player agents operate in a competitive and lucrative industry. It is trite to say that professional sport in the 21st century is big business.

Our Experts

BALCHIN Adam website grey SIZED TH

Adam Balchin

Special Counsel Brisbane +61 7 3228 9531
Andrew Korbel.jpg

Andrew Korbel

Partner Sydney + 61 2 9210 6537
Anna-Ross.jpg

Anna Ross

Partner Sydney +61 2 9210 6904
Annette Hughes

Annette Hughes

Partner Melbourne +61 3 9672 3506
Ben Davidson.jpg

Ben Davidson

Partner Melbourne +61 3 9672 3500
Brad Woodhouse.jpg

Brad Woodhouse

Partner Sydney +61 2 9210 6859
LINCOLN Bronwyn website grey SIZED TH

Bronwyn Lincoln

Partner Melbourne +61 3 9672 3368
LEECarolAnne.jpg

Carol Lee

Special Counsel Brisbane +61 7 3228 9363
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Chris Horsfall

Special Counsel Melbourne +61 3 9672 3326
Chris Pagent.jpg

Chris Pagent

Partner Sydney +61 2 9210 6162
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Chris Ryder

Partner Perth +61 8 9460 1606
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Colin Lockhart

Counsel Perth +61 8 9460 1713
MARTIN Colleen website grey SIZED TH

Colleen Martin

Special Counsel Melbourne +61 3 9672 3323
Daniel Marquet.jpg

Daniel Marquet

Partner Melbourne +61 3 9672 3172
David Abernethy.jpg

David Abernethy

Partner Brisbane +61 7 3228 9456
STARKOFF David website grey SIZED TH

David Starkoff

Special Counsel Sydney +61 2 9210 6723
YATES Davids website grey SIZED TH

David Yates

Partner Perth +61 8 9460 1806
BLEWETTEstellewebsitegreySIZEDTH.jpg

Estelle Blewett

Special Counsel Perth +61 8 9460 1656
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Frances Williams

Partner Brisbane 61 7 3228 9332
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Frank Lawson

Partner Sydney +61 2 9210 6224
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Ian Dallen

Partner Sydney +61 2 9210 6243
DAVIDSONJameswebsitegreySIZEDTH.jpg

James Davidson

Special Counsel Brisbane +61 7 3228 9802
James Whittaker.jpg

James Whittaker

Partner Sydney +61 2 9210 6667
Janine Young2

Janine Young

Partner Melbourne +61 3 9672 3254
Jennifer DeJong.jpg

Jennifer DeJong

Special Counsel Melbourne +61 3 9672 3360
Jim Micallif.jpg

Jim Micallef

Special Counsel Sydney +61 2 9210 6714
John Stragalinos.jpg

John Stragalinos

Partner Melbourne +61 3 9672 3238
Joseph-Barbaro-.jpg

Joseph Barbaro

Partner Melbourne +61 3 9672 3052
Julia Cameron.jpg

Julie Cameron

Partner Brisbane +61 7 3228 9461
Kirsty Sutherland.jpg

Kirsty Sutherland

Partner Perth +61 8 9460 1620
CARROLLLeewebsiteth.jpg

Lee Carroll

Special Counsel Melbourne +61 3 9672 3142
HARRISLisawebsitegrey.jpg

Lisa Harris

Special Counsel Brisbane +61 7 3228 9861
Mark Wilks.jpg

Mark Wilks

Partner Sydney +61 2 9210 6159
BYRESMartin.jpg

Martin Byres

Special Counsel Brisbane +61 7 3228 9329
CRITCHLEYMatthewwebsitegreyTH.jpg

Matthew Critchley

Partner Melbourne +61 3 9672 3258
MUIR Matthew website grey SIZED TH

Matthew Muir

Partner Brisbane +61 7 3228 9816
DO ROZARIO Michael website grey SIZED TH

Michael do Rozario

Partner Sydney +61 2 9210 6566
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Michael Earwaker

Partner Sydney +61 2 9210 6309
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Michael Kimmins

Partner Brisbane +61 7 3228 9377
CARRMichellewebsitegreySIZEDTH.jpg

Michelle Carr

Partner Sydney +61 2 9210 6258
DEAN Michelle website grey SIZED TH

Michelle Dean

Special Counsel Perth +61 8 9460 1639
Nick Ellery.jpg

Nicholas Ellery

Partner Perth +61 8 9460 1615
DUFFIELDNigelwebsitegreySIZEDTH.jpg

Nigel Duffield

Special Counsel Melbourne +61 3 9210 3291
Richard Flitcroft.jpg

Richard Flitcroft

Partner Sydney +61 2 9210 6435
Richard Leder.jpg

Richard Leder

Partner Melbourne +61 3 9672 3489
DANNRodwebsitegreySIZEDTH.jpg

Rod Dann

Partner Brisbane +61 7 3228 9434
Sam Delany.jpg

Sam Delaney

Partner Sydney +61 2 9210 6598
SCHNABELSarahwebsitegreySIZEDTH14.jpg

Sarah Schnabel

Special Counsel Sydney +61 2 9210 6148
STRONGSeannawebsitegreySIZEDTH.jpg

Seanna Strong

Special Counsel Brisbane +61 7 3228 9732
Spencer Flay.jpg

Spencer Flay

Partner Perth +61 8 9460 1738
LEWISStanwebsitegreySIZEDTH.jpg

Stan Lewis

Partner Sydney +61 2 9210 6955
Tracy Caspersz.jpg

Tracy Caspersz

Counsel Perth +61 8 9460 1601