Swaab Attorneys

The litigation team works closely with clients to achieve their immediate and long-term commercial objectives. Renowned for their expertise in complex and difficult court battles, our team members are also strong negotiators when compromise is needed and are always conscious of the commercial and ethical imperatives of our clients. Our experience includes corporations law proceedings, commercial disputes, property related disputes, construction and engineering litigation and advice, major debt recovery and Land and Environment Court proceedings.

• Alternative dispute resolution: mediation and arbitration
• Commercial disputes
• Corporations law proceedings
• Property related disputes
• Major debt recovery
• Insolvency and bankruptcy advice (acting for creditors)
• Land and Environment Court proceedings
• Negligence litigation (acting for and against insurers)
• Product licenses
• Restrictive trade practices: resale price maintenance, refusal to supply
• Service agreements and employment litigation
• Sophisticated remedies in Superior Courts
• Trade Practices Act litigation

• Acted on behalf of a large overseas oil and gas company in a fraud claim against its former Australian solicitor
• Acted for an employer against its bank for allowing unauthorised withdrawals (fraud) by the client’s employee
• Recovery of $1.5 million from the ATO for a liquidator of an insolvent company together with an indemnity costs order
• Successful verdict in an action against a large corporation for negligence and misleading and deceptive conduct
• Enforcement of terms of an employment contract on behalf of an employer, in respect of customer poaching
• Judgment in favour of an accounting firm client recovering unpaid fees
• High Court appeal in a multi-million dollar contract claim
• Judgment and costs awarded in favour of a client pursuing an alleged breach of joint venture arising from a building development
• Contractual disputes over a sale of a multi-million dollar property
• Proceedings in a misrepresentation claim against a vendor of a multi-million dollar wholesale/retail business, protecting the interests of our client in avoiding a damaging and expensive extended court hearing
• Successful appeal against a council’s ruling on behalf of a building and construction firm seeking approval of a large multi-building home unit development
• Assisted with establishment of a national franchise system, involving extensive dealings with the Australian Competition and Consumer Commission (ACCC)
• Advised on compulsory acquisition of a company by its major shareholder, ensuring compliance with corporations law and dealing with the Australian Securities and Investment Commission (ASIC)
• Advised a national charity with respect to various contractual arrangements involving commercial, employment and corporate matters