We represent clients in a wide range of litigation matters across various courts and tribunals in Australia. Our litigation practice covers commercial disputes, regulatory proceedings, and complex civil matters. We strive to achieve the best possible outcomes for our clients through strategic planning, thorough preparation, and skilled advocacy.

Overview

Litigation in Australia encompasses a broad spectrum of legal proceedings, from commercial disputes in state and federal courts to specialised tribunals dealing with specific areas of law. The litigation landscape is shaped by a combination of common law principles, statutory frameworks, and court procedures that can vary across jurisdictions. Key legislation such as the Federal Court of Australia Act 1976 and various state-based civil procedure acts provide the structural framework for litigation processes.

Effective litigation management requires not only a deep understanding of substantive law but also strategic thinking, procedural expertise, and strong advocacy skills. The increasing complexity of commercial relationships and regulatory environments means that litigation often involves intricate factual scenarios and novel legal issues. Moreover, the growing emphasis on alternative dispute resolution methods and case management by courts has changed the dynamics of litigation, requiring lawyers to be adept at both adversarial proceedings and negotiated resolutions.

Our approach

We adopt a strategic and client-focused approach to litigation. From the outset, we work closely with our clients to understand their objectives, assess the strengths and weaknesses of their case, and develop a tailored litigation strategy. This often involves a careful cost-benefit analysis, considering not only the legal merits but also the commercial implications of pursuing litigation.

Our preparation is thorough and meticulous. We leverage technology for efficient document management and analysis, particularly in cases involving large volumes of evidence. We are skilled in managing expert evidence, often crucial in complex commercial or technical disputes. Throughout the litigation process, we maintain clear and regular communication with our clients, ensuring they are fully informed and involved in key decisions.

While we are always prepared to pursue matters to trial and appeal if necessary, we also recognise the value of alternative dispute resolution. We are experienced in various forms of ADR, including mediation and arbitration, and often use these methods to achieve favourable outcomes for our clients without the need for protracted court proceedings.

Representative experience

• Successfully represented a multinational corporation in Federal Court proceedings involving complex contractual disputes and allegations of misleading conduct, resulting in a favorable judgment that clarified key aspects of Australian contract law.
• Acted for shareholders in a high-profile oppression suit against a publicly listed company, securing a substantial settlement that included significant corporate restructuring and enhanced minority shareholder protections.
• Defended a technology company against patent infringement claims in the Federal Court, resulting in all claims being dismissed and a costs order in our client’s favour.
• Represented a financial services provider in ASIC regulatory proceedings, achieving a negotiated outcome that avoided licence suspension and minimised reputational damage.
• Successfully appealed an Administrative Appeals Tribunal decision to the Full Federal Court, resulting in a landmark ruling on the interpretation of key legislative provisions.
• Acted for a property developer in Supreme Court proceedings relating to a large-scale construction dispute, resulting in a negotiated settlement that allowed the project to proceed while protecting our client’s financial interests.