Cash flow is vital to a business and many successful businesses go into administration and close, not because it cant get clients but because it has a number of debtors. Urgency is key when it comes to recovering debts and waiting many months or even years for a matter to make its way through the Courts to recover a debt will increase the strain on businesses.
Our lawyers have many years' experience in general commercial litigation, in matters including contractual, tortious, equitable and unfair trade conduct. Examples of matters in which our lawyers have acted include:
(a) acted for a large manufacturer in defending a claim for misleading and deceptive conduct for allegedly remaining silent in circumstances in which the claimant expected to be informed of shortcomings in the product;
(b) enforcing a contractual restraint of trade where the seller of a business set up an new business during the restraint period; and
(c) various breach of contract claims, such as one where there was a dispute over the contractual terms because one party provide a purchase order with terms inconsistent with the terms on the invoice.
We are experienced in acting for companies, shareholders and directors with respect to a variety of company disputes, ranging from shareholder disputes, corporate governance, breaches of directors duties and matters relating to the requirements of the Corporations Act 2001.
Members of our team previously worked for a top tier national firm in a disputes team which was consistently rated as one of Australia’s leading product liability firms acting in Australia’s largest and most complex product liability actions.
This includes acting for one of the world’s largest paint manufacturers in a multi billion dollar claim regarding the chemical formulation of a product and its suitability for the conditions in which it was used. They also advised a US manufacturer of industrial and agricultural machinery on the potential liability arising from a vacuum system which allegedly exceeded safe occupational noise levels.
We understand that a potential product liability claim can mean much more than the direct impact of the claim itself. We work with our clients from inception to post sale service, with a focus on risk prevention to deal with the potential legal, regulatory and public relations issues.
Intellectual Property (IP) can be one of the most valuable assets of a business so any infringement of IP rights can have significnant impact on a business' performance.
Matters our lawyers have acted on include:
(a) a large litigation to protect the copyright in training manuals retained and used by a former employee in their new business;
(b) the registration and advice in prospects of registering a trademark and challenging the refusal to grant registration; and
(c) commencing proceedings for damages for unauthorised use of confidential information.
Over the years, our lawyers have been involved in a wide range of property disputes, acting for first home owners, owner/builders, strata companies, investors and property developers. Examples of these disputes include:
(a) construction, including compliance with Australian Standards and the Contract, issuing default notices, etc;
(b) acting for a beneficiary under a Will in a dipute with another family member whoc claimed an equitable interest in the property;
(c) Dividing Fence Disputes;
(d) Adverse Possession claims, for example where a garden fence had been erected in the wrong position many decades earlier;
(e) strata companies, such as where one owner breached rules causing damage for te other owners;
(f) residential lease termination and advising on the adequacy of termination; and
(g) acting for clients under the Commercial Tenancy (Retail Shops) Agreements Act disputes.
Regulatory, Tax & White Collar Crime
Our lawyers are experienced in representing companies and individuals in relation to regulatory, tax and and white collar crime.
Our lawyers have previously acted for:
(a) a number of banks with respect to ASIC, APRA and Ausrac investigations and responding to various requests for documents and information;
(b) live meat exporters in potential prosecution by the Western Australian Department of Primary Industries and Regional Development and Commonwealth Department of Agriculture;
(c) acting for individuals and small businesses in prosecutions by the ATO for failure to lodge income tax returns and Business Activity Statements.