There are many reasons you may end up in litigation, if and when that arises it is important to have the right team in your corner. We will work closely with you to achieve your immediate and long term commercial objectives.
There are now many alternatives to litigation that can stop a lawsuit from escalating, resolve long-standing disputes, and even produce win-win solutions to old and bitter fights that would otherwise only leave both sides damaged.
Our team
We’re renowned for our expertise in complex and difficult court battles, we are also strong negotiators when compromise is needed and are always conscious of the commercial and ethical imperatives for you. 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.
Expertise
- Alternative dispute resolution: mediation and arbitration
- Commercial disputes
- Corporations law proceedings
- Property related disputes
- Major debt recovery
- Insolvency and bankruptcy advice (acting for liquidators, bankruptcy trustees and creditors)
- Land and Environment Court proceedings
- Negligence litigation (acting for and against insurers)
- Service agreements and employment litigation
- Sophisticated remedies in Superior Courts
- Competition and consumer law litigation
- Construction litigation (acting for owners, builders and subcontractors)
- Strata disputes & mediation
- Commercial Leasing Disputes
- Trust Disputes
- Partnership disputes
- Shareholder disputes
- Contractual Disputes
- Disciplinary proceedings
- Contested Estates
- Family Provision claims
- Contested trade mark disputes
- IP litigation
Experience
- 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
- Judgement 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
Useful Links
Publications
Validity, voidability and unenforceability in contract law
If you have entered into a contract, you or the other party have drafted without legal assistance, you should consider some…
Directors’ Access to Company Books: Navigating Statutory & Common Law Requirements in Australia
To manage a company and discharge their duties, directors need access to company information. Tension between directors can arise about what…
Graduate Interview Series | Fiona Deng
Why did you choose Swaab? I chose Swaab because I was drawn to its diverse practice areas and opportunity for growth as…
In the News
Swaab supports Tour de Cure’s Spring Lunch
We were delighted to once again support Tour de Cure’s Spring Lunch, at which around $900k was raised for cancer…
Press Release | Swaab Earns Recertification in Meritas, the Premier Global Network of Independent Law Firms
Sydney, NSW (11 July 2024) – Swaab, a Sydney-based law firm, today announced that it has been awarded recertification in Meritas…
Press Release | Swaab Announces Five Senior Promotions
Congratulations:Esther Khoo — Special CounselStevie-Lee Nobbs — AssociateRebecca Priem — Senior AssociateJohn Trinh - Special CounselStuart Bocking — Associate“I’m thrilled to announce the…