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08 6156 2700

Our lawyers have many years' experience in dispute resolution

This broad experience allows Laird Lawyers to provide a service tailored to your circumstances and budget. Our areas of dispute resolution specialisation include:

  • Debt Recovery
  • Commercial
  • Corporate
  • Product Liability
  • Intellectual Property
  • Property Disputes
  • Regulatory, Tax & White Collar Crime

Commercial Litigation Lawyer

At Laird Lawyers, our lawyers have many years’ experience in commercial litigation and dispute resolution. Laird Lawyers’ Principal has worked for a number of Australia’s leading dispute resolution law firms, acting for a range of clients, including sole traders and small companies through to one of the world’s largest paint manufacturers and the “Big 4” banks.

 

Get in Touch with our Litigation Lawyers in Perth Today

If you require legal assistance with resolving disputes in the commercial and corporate spheres, Laird Lawyers can help. Our firm is conveniently located in the Perth CBD. To book a consultation with one of our skilled dispute resolution and litigation lawyers, get in touch by calling 08 6271 3903 today.


Commercial Litigation

At Laird Lawyers, our dispute resolution and litigation solicitors are experienced in various commercial dispute areas, including contractual, tortious, equitable and consumer. Examples of matters in which our lawyers have acted include:

(a) misleading and deceptive conduct, particularly in complex situations including where a defendant remained silent, in circumstances where the claimant expected to be informed of shortcomings.

(b) enforcing contractual restraints of trade.

(c) various breach of contract claims, such as where a purchase order’s terms were inconsistent with the invoice’s terms.

(d) infringements of intellectual property rights; and

(e) breaches of franchising agreements and failure to comply with the franchising code of conduct.

Corporate Litigation

We are experienced in acting for companies, shareholders, and directors with respect to a variety of company disputes, including:

  1. shareholder disputes, including shareholder oppression and share sale claims.
  2. breaches of directors’ duties.
  3. shareholder meetings, including whether meetings were properly called and conducted, misleading and deceptive conduct in notices and when directors refuse to call meetings.
  4. Managed investment schemes and removal of responsible entities.
  5. compliance with the Corporations Act 2001.

Regulatory & Tax

Our litigation lawyers have:

  1. Acted in various ASIC, APRA and Austrac investigations.
  2. Advised various clients on their compliance with Anti-Money Laundering, Anti-Bribery & Corruption and Modern Slavery laws, particularly with regards to overseas operations.
  3. Acted for individuals and small businesses in prosecutions by the ATO for failure to lodge income tax returns and Business Activity Statements.

 

Insolvency & Bankruptcy

Our commercial litigation lawyers act for various parties from creditors, debtors, distressed entities, and insolvency practitioners. Examples of what our lawyers have acted on include:

  1. Applications to set aside a bankruptcy notice and resist a creditor’s petition for bankruptcy.
  2. Shareholder class actions against a company and its directors for losses caused by failure to comply with continuous disclosure requirements.
  3. Claw backs of preferential payments; and
  4. Claims regarding insolvent trading.

 

Product Liability

Product liability actions are likely founded in one or more of the Australian Consumer Law, contract law and negligence. For some products there may be additional statutory regulation at State or Commonwealth level, such as for food, pharmaceuticals, cars, etc.

We understand that a potential product liability claim can mean much more than the direct impact of the claim itself, with the potential to set a precedent for all other consumers not a party to the litigation. 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.

Debt Recovery

We understand that cash flow is vital to a successful business and urgency is key when it comes to recovering debts. At our initial meeting, we review the key documents and develop the most effective strategy to recover the debt in a timely fashion.

Where the debtor is a company, this may mean issuing a Creditor’s Statutory Demand giving the debtor 21 days to pay the debt or give you the ability to potentially wind up the company. In other instances, the strategy may be to issue a letter of demand and commence proceedings if they do not comply. Even if the debt is relatively small, we have cost effective packages available, since multiple small debts can add up to a big hole in the business.

 

Interlocutory Disputes

We have acted for several clients who obtained significant interlocutory remedies to protect their position or establish their claim. Some of these powerful interlocutory remedies include advising on and obtaining:

  1. Mareva orders to freeze a defendant’s assets to stop them disposing of their assets before you obtain judgment.
  2. Anton pillar orders to take possession of the records of the Defendant to prevent them having the opportunity to destroy or attempt to conceal evidence, like a police search warrant but in civil proceedings.
  3. pre action discovery to obtain sufficient information to determine whether to proceed against a potential defendant; and
  4. injunctions to force an action or prevent an action until a final hearing to prevent irreparable harm which may occur prior to determination of the dispute at trial.

 

Class Actions

We can commence a class action either in the Federal Court or the Supreme Court of WA, depending on the nature of the claim. A class action (or representative proceeding) is commenced in the name of a single “representative” on behalf of 7 or more persons who all have a claim against the same person or entity, and the claim arises out of the same, similar, or related circumstances or gives rise to a substantial common issue of law or fact. An example of a class action we have advised on recently was a shareholder claim against a company and its directors for breaches of director duties causing the shareholders to effectively lose their entire investment in the company.