WA Dispute Resolution JQ

Dispute resolution

The range of litigation matters we undertake is broad, including commercial and corporate litigation, as well as strategic advice and dispute resolution primarily arising from corporate, financial services and trade practices legislation.

In addition to conducting litigation in all jurisdictions and at all levels of State and Federal courts, we practise widely in all forms of dispute resolution, including mediations, expert determinations and arbitrations.

We ensure that these alternative dispute resolution methods are explored with clients at an early stage in any proceedings, so that that disputes are resolved in the most cost-effective manner possible and as early as possible.

Tailored services for in-house counsel
We also provide tailored advice and services for in-house counsel including:

  • protecting legal professional privilege, commercial confidentiality and intellectual property in communications and documents 
  • avoiding disputes 
  • maximising benefits obtained during protracted or difficult negotiations

Our services

Alternative dispute resolution and mediation

We are experienced in all aspects of alternative dispute resolution and offer expert advice about which dispute resolution process is most suited to each client\'s individual dispute.

While we understand that, at times, litigation is the only option, we also recognise the time and cost benefits that may be achieved by pursuing alternative dispute resolution from the inception of a dispute.

We weigh up all relevant factors before issuing proceedings to ensure that each dispute is instituted in the most appropriate forum to achieve the best and quickest result for our clients.

We have established relationships with many of Australia's best mediators and arbitrators, and take care in ensuring each file is allocated to the mediator or arbitrator best equipped to deal with the issues at hand.

Class actions

We are the leading insurance lawyers in Australian class actions, acting for the lead insurers in:

  • GIO
  • Aristocrat
  • Media World
  • ANZ/Opes Prime
  • MFS/Octaviar
  • Timbercorp
  • ION
  • Oz Minerals
  • Babcock & Brown
  • Grant Thornton

We have been involved in large scale fishing, crop and agriculture failures. We also acted for the plaintiffs in Longford, the defendant in Concept Sports, and are currently representing the first defendant in the Australian Olives litigation.

Company and partnership disputes

We have extensive experience in company and partnership disputes, including providing advice on how to avoid liability and costly disputes, as well as resolving disputes through litigation or by alternative resolution methods. Our clients include both listed companies and medium sized enterprises.

Our services include:

  • advice on dissolving a partnership or ending a small to medium sized company, including how to address future ownership of property (including real estate and intellectual property), liability for debt, distribution of profits and how to value the business;
  • corporate disputes, including advice on shareholders\' rights and breaches of directors\' duties;
  • advice on compliance with Corporations Act and ASX requirements, including for initial public offerings and ongoing reporting to the share market; and
  • advice and dispute resolution for businesses making acquisitions or which are involved in joint ventures or major projects.

Competition and Consumer Act, cartels and ACCC litigation

We provide our clients with advice about litigation and prosecutions brought in relation to consumer protection legislation – particularly in relation to the consumer protection provisions.
 
Our team provides risk management advice to ensure companies avoid breaching their legislative obligations. We defend also organisations who are being prosecuted for alleged breaches of legislation.
 
We provide specialised advice on: 

  • the Fair Trading Act 
  • the Competition and Consumer Act (formerly the Trade Practices Act), with an emphasis on restrictive trade practices 
  • unconscionable conduct 
  • consumer protection cartels

Construction disputes and security of payment

Our team has many years experience in resolving construction disputes and secuirty of payment claims.

We won't waste your time unnecessarily. We have systems in place to streamline security of payment claims and alternate dispute procedures such as expert determination and mediation.

We been involved in some of the leading decisions in security of payment. We also offer skilled strategic support in contract administration, to pre-empt and/or minimise exposure to disputes.

Read more about our work in the building, construction and engineering sector.

Corporate financing disputes

We act for a variety of lenders and corporate advisors, from some of Australia\'s largest corporations to more boutique firms.
 
We have experience on both sides of disputes, having acted for companies or individuals affected by the conduct of financial institutions, and institutions defending claims from individuals. This experience allows us to provide a better overall service to our clients.

We provide advice and services in all areas of litigated and non-litigated claims, across the entire financial services market, including: 

  • negligence claims for investment, financial planning and credit advice;
  • recovery actions on behalf of banks;
  • insolvent trading; 
  • fidelity claims (theft, embezzlement and employee fraud);
  • unit pricing errors; and
  • misleading and deceptive conduct in product disclosure statements.

Defamation

We provide specialised defamation and media advice to publishers, businesses, individuals and incorporated entities. We also bring and defend defamation claims in all Australian jurisdictions.

Our approach is to help our clients achieve the most practical and cost effective result and, where possible, to achieve a resolution outside of formal court proceedings.

If you have been defamed, we will provide immediate advice on your rights and, where appropriate, protect your legal rights and quickly seek to put to rest any ongoing harm by the prompt service of a Concerns Notice.

For clients who have received a Concerns Notice or been threatened with defamation proceedings, we will quickly and thoroughly provide you with advice about your exposure and seek to negotiate an appropriate resolution in a timely and cost effective manner.

Directors' & Officers' liability

We currently act in most of the major D&O claims in Australia, including ION, Octaviar, Timbercorp, Allco, Babcock & Brown, Media World and AWB. Read more about our work in the area of D&O liability.

Distressed projects

We can advise you on:

  • drafting strategies to defend against counterparty failure
  • contingency planning against counterparty failure
  • strategies for securing site and project resources and taking over project delivery 
  • resetting project scope and delivery strategy
  • dealing with project stakeholders, including unions
  • insolvency administration regimes
  • contract terminations and renegotiations
  • Security of Payment and third party claims
  • Dispute resolution

Investigations by Statutory Authorities

We act for companies being investigated by various statutory authorities, including ASIC, ACCC, the Victorian Ombudsman and the Federal Ombudsman. Read more about how we can assist you with investigations by statutory authorities.

Property and leasing disputes

It is an unfortunate reality that, from time to time, the acquisition, development and operation of property assets will lead to disputes.

Our team represents a number of Australia\'s most iconic retail brands, as well as major property developers and shopping centre landlords, in a wide range of leasing and property disputes. We have the experience to handle the most complex and strategically sensitive property disputes, including disputes over: 

  • the existence of a binding Contract for Sale 
  • liability for the cost to clean up contaminated land 
  • the entitlement to compensation, arising from a shopping centre redevelopment 
  • interpretation of the construction obligations in an Agreement for Lease

In addition to conducting litigation in all jurisdictions and at all levels of State and Federal courts, we practise widely in all forms of dispute resolution, including mediations, expert determinations and arbitrations.

We ensure that these alternative dispute resolution methods are explored with you at an early stage in any proceedings, so that that disputes are resolved in the most cost-effective manner possible and as early as possible. In every circumstance our goal is to achieve the best possible commercial outcome for our client.

Trust disputes

Our team advises on and, where necessary, litigates disputes concerning breaches of fiduciary duties and ownership of trust property. We have run multi-million dollar disputes in the Supreme Court, including in relation to fraud and forgery of documents to control trust property.
 
We have extensive experience with family trusts, discretionary trust, unit trusts and constructive trusts. We understand the obligations of trustees and the current and future rights of beneficiaries. We have acted for both trustees and beneficiaries, which enables us to have greater insight as to the relevant issues, as well as the strengths and weaknesses of the other side\'s claim.

White collar crime

We provide advice and representation to companies in connection with ASIC investigations concerning insider trading, breaches of directors\' duties, as well as police investigations. Read more about our work in relation to white collar crime.



All services