Commerical litigation & dispute resolution

ARTICLES LIST

25/06/2018

Damages for Loss of Reputation

Under Australian common law, there are limited circumstances where an individual or company can claim damages for loss of reputation from the breach of a contract, tort or from the engagement in misleading or deceptive conduct under the Australian Consumer Law (Poseidon Ltd & Sellars v Adelaide Petroleum NL (1994) 179 CLR 332). Legally these […]

14/11/2017

Solicitor’s Duties and Unsatisfactory Professional Conduct

Solicitors are bound by various obligations to their clients. It is important to understand these obligations in order to comprehend when they may be breached. It is also useful to understand the processes involved in dealing with these issues, particularly in relation to unsatisfactory professional conduct. This article will summarise some of the duties solicitors […]

14/11/2017

Understanding Exemplary Damages in Australia

Exemplary damages are a form of discretional award driven by public policy grounds, the need for punishment for wrongdoing, and the demand for strict deterrence. Whilst the provision of this kind of damages by the courts remains relatively rare it still bears significance in certain contexts, such as in circumstances involving product liability and intentional torts. In this way, a solid comprehension of the exemplary damages remains useful from the perspective of both businesses and consumers.

14/11/2017

TS Productions Case – Conflict of Laws and Cross Border Issues

The case of TS Productions LLC v Drew Pictures Pty Ltd [2008] FCAFC 194 illustrates the complexities of cross border matters in dispute resolution. The case focuses on conflict of law (or private international law) issues of stays under forum non conveniens and anti-suit injunctions, which are litigious tools that can be used to stop proceedings. This article will consider the response of the Australian court to these intricate areas of law.

14/11/2017

Understanding Freezing Orders in Australia

Freezing Orders can be useful in the context of both domestic disputes and transnational business. The latter is of increasing concern, given the ease with which assets can now be shifted across the globe. The aim of this article is to define freezing orders and examine how they may be of use to you or your business when undergoing litigation proceedings.

30/10/2017

Recovering Compensation for Pure Economic Loss

In many situations involving the provision of negligent financial advice, the harm suffered will be financial in nature. For a long time courts eschewed permitting actions to be brought in tort where the plaintiff’s only harm was economic (as in, the plaintiff suffered no injury or damage to property but lost money). However, that has changed and the law now recognises that plaintiffs can, in some circumstances, recover for pure economic loss. This article outlines the ability of plaintiffs to recover for negligent financial advice and what courts require for such actions to succeed.

30/10/2017

Debt Recovery and Insolvent Trading

Recovering debt from a company in liquidation can be difficult. If a company enters liquidation and owes you money, retrieval of the balance of the debt is dependent on several factors. Most significantly, one of these factors is whether the company in liquidation has any money to make repayments to you, or other creditors. However, specific actions can be taken in the case of insolvent trading.

30/10/2017

Alternatives to Litigation

Litigation is a costly and inefficient process, and there is always a risk that you may not receive the outcome you would like. What are the alternatives to litigation that may resolve these issues? The alternative dispute resolution (ADR) processes of negotiation, mediation, conciliation and arbitration will be discussed in this article, highlighting the benefits of each. In some circumstances, ADR can be court ordered. It is beneficial to exhaust all ADR methods where appropriate, as this can have an impact on cost awards.

GET IN TOUCH

SEND US AN EMAIL



[recaptcha]

Preferred contact method : PhoneEmail