Litigation & Dispute Resolution

We understand that disputes can be stressful, expensive and time consuming. Our focus is on early intervention and strategic dispute resolution planning with the aim of achieving the best possible outcome in the most cost effective and efficient manner.

We aim to understand your business and to deliver value through clear project management of your dispute so that you can focus on your core business. With industry specialist practitioners, we advise across a range of disputes from corporate, property, construction, resources and financial services litigation to debt recovery, planning and environment, insurance and occupational regulatory proceedings.

Our lawyers are skilled in litigation, arbitration and all forms of alternative dispute resolution across all jurisdictions.

Services

  • Alternative dispute resolution
  • Building and construction
  • Commercial disputes
  • Debt recovery
  • Financial services
  • Insurance
  • Occupational regulation
  • Property

Experience

Austock Group 

Successfully resisting a multi-million dollar claim for breach of contract and misleading and deceptive conduct in the sale of child care centres, with costs in Austock’s favour in the Supreme Court of Victoria.

Australia Post

Variety of litigation matters including retail shop lease disputes, contractual disputes and personal injury claims.

Board of Professional Engineers of Queensland 

Disciplinary and review proceedings in QCAT and regulatory prosecutions.

Boardroom Pty Limited

Recovery against a former employee for breach of employee obligations in the NSW Supreme Court and defending a claim brought by a shareholder for misleading and deceptive conduct in the Federal Court of Australia in Perth.

Eminent Security Pty Ltd

Defending contractor claims brought by third parties in the security industry for breach of contract and negligence.

Farming Client

Acting for a farming business in a $16 million claim for breach of contract and negligence relating to loss caused by fire.  Successful at first instance following a four week trial and on appeal to the Court of Appeal.  Our client recovered full damages and indemnity costs.

Gladesville Property Developments Pty Limited

Defending a claim by architects for unpaid fees with a cross claim for professional negligence and misleading and deceptive conduct and also advising on a claim against Hunters Hill Council for misleading and deceptive conduct and unconscionable conduct.

International travel company

Acting for a minority international shareholder in an Australian listed entity and its subsidiary involving division of shareholding and demerger of numerous international companies and assets, including disputed intellectual property assets.

Major construction company

Acting for a major Queensland construction company in respect of a staff fraud of $3.4 million, including obtaining immediate freezing orders resulting in the recovery of a significant portion of the funds.

McNab Constructions Australia

Successfully setting aside a statutory demand in the Supreme Court with costs orders in McNab’s favour.

Mine supply chain participant

Successfully defending a $5.2 million contractual and negligence claim for a logistics company relating to the sale of rail head and storage facility in regional NSW.

Mining services company

Acting for a mining services provider in a contractual dispute with a supplier of long wall mining equipment.

Minority shareholder

Acted for a minority shareholder in a small publicly listed entity in obtaining orders under the Corporations Act for the mandatory buy-out of the minority shareholding by the majority shareholder.

Mirvac Queensland Pty Ltd

Acting on various contractual disputes involving developments in Queensland, including strategic advice on recovery of deposits and guarantees on terminated contracts of sale and defending proceedings involving allegations of a breach of the Trade Marks Act.

Resources client

Bringing an application for leave to conduct a derivative action, involving a company with substantial mining tenement interests.

Storage and logistics company

Acting for a logistics company in a dispute about an equipment supply agreement.

Our team

Articles

People

Partners, Steven Cardell and Paul O’Dea were recently listed in Doyle’s Guide to the Australian Legal Profession - Leading Property and Real Estate Lawyers – Brisbane 2016. To make this list requires feedback from various sources but most importantly our clients. We thank our clients for that valuable input and look forward to assisting in your continued property growth.  VIEW MORE

Expertise

ClarkeKann has received the Australia-Taiwan Business Excellence Award for our efforts promoting and advising on most of the major investments from Taiwan into Australia over the last 20 years. Click below for more details about Foreign InvestmentVIEW MORE

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