Litigation and Insolvency2022-07-19T12:09:23+10:00

Litigation and Insolvency

We’re here when you need us most

Troy Hawthorn leads our industry recognised team on all commercial litigation, dispute resolution and insolvency matters. We don’t shy away from a fight, but prefer to assist clients in avoiding them by providing the best possible advice. Our commercial litigation team prides itself on simplifying and demystifying the complexities of our Court system. We have decades of experience acting for the full spectrum of clients including publicly listed companies, small to medium enterprises and individuals. Whether it’s taking urgent steps to protect rights which are important to you, preserving assets from attack or recovering money, we’ve been there before and know what to do.

We can assist with

General litigation matters

  • Representation and appearances in all Court and Tribunals
  • Urgent injunctions and other Court orders to protect your commercial, property or personal rights, including all intellectual property
  • Litigating the full ambit of commercial and property disputes arising from any contract, at common law, and rights conferred under State and Federal Law
  • Recovering money owed to you
  • Protecting your rights as a consumer
  • Protecting your interests as a shareholder or a partner in any business venture
  • Better understanding your duties owed as a director, trustee or fiduciary and bringing claims for breaches of those
  • Representing Bodies Corporate in any dispute work and the recovery of all levies and other debts owed.

Insolvency related matters

  • Issuing statutory demands and bankruptcy notices for the recovery of money owed
  • Winding up companies and bankrupting individuals
  • Arrangements with creditors, including the drafting of Deeds of Company Arrangements and Parts IX and X Arrangements
  • Enforcement and recovery under mortgages and other PPSA securities, including all matters related to receiverships
  • Examinations and Investigations into the affairs of a company or a bankrupt company
  • Litigating and defending all proceedings commenced by Liquidators and Trustees in Bankruptcy.

Our team of property dispute lawyers handle a large number of property related matters including bodies corporate (strata) disputes, building and construction disputes, landlord and tenant disputes and litigation in all Courts and forums. Our extensive body corporate client base has us regularly advising bodies corporate on their dealings with body corporate managers, caretaking and letting agreements, by-law compliance and lot entitlement adjustments. We are particularly sought after for our ability in property development litigation, having decades of experience representing clients resolve their disputes concerning easements, removal of caveats and breach of contract.

Employment is one of the most expensive parts of running a business. It’s also usually the most significant factor in relation to a person’s finances and standard of living. We have experience in representing both employers and employees in many industries, with disputes in employment contracts, restraint of trade, breach of duties and confidential information.

Our commercial litigation lawyers have significant experience in corporate and partnership divorce, fiduciary duties, franchising, Intellectual Property (IP) and copyright. We are well known for providing clients with commercially sound practical solutions, acting for publicly listed and private companies in the property, commercial, retail and finance sectors.

We can assist with all legal aspects of Consumer Protection including misrepresentation, unconscionable conduct, breaches of statutory warranties, and professional negligence. We regularly advise clients on consumer protection provisions and the rights and obligations under the Competition and Consumer Act, appearing in actions concerning, misleading and deceptive conduct and unconscionable conduct and seeking corrective advertising.

Our insolvency lawyers have significant experience in disputes involving company liquidation, bankruptcy, arrangements with creditors, insolvent and voidable transactions. Troy Hawthorn who leads our litigation and insolvency team, has a particular interest in corporate and personal insolvency, acting both for and against insolvency practitioners.

Civil litigation is a process of dispute resolution between individual members of the community. Unfortunately, personal disputes do arise between individuals, despite the best attempts to avoid conflict. We regularly represent clients in the full spectrum of personal disputes, including defamation, insurance claims, wills and estates, Tax and ATO matters.

Meet the litigation and insolvency team

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