Dispute Resolution & Litigation

Dispute Resolution and General & Commercial Litigation

Our aim is to provide you with clear, practical and cost effective solutions to any legal issue you may have in a personalised and friendly atmosphere.

We respect and understand that each matter is unique. We listen to your needs and adopt a dispute resolution strategy best suited for your individual circumstances.

People

Many disputes are resolved by agreement. If disputes must proceed to trial, they should be advanced as quickly and as cost effectively as possible. We have extensive experience in handling legal matters in all jurisdictions and we have represented individuals, estates and businesses & companies of all sizes.

Mediation

Mediation is a form of alternative dispute resolution (ADR).

A third party (the mediator) assists parties to negotiate a settlement. The dynamics of mediation and the techniques employed by the mediator are more conducive to dispute resolution as compared to other more conventional forms of negotiation.

Mediation may be private and the mediator may be a lawyer, a barrister or someone from a relevant profession. Mediation may also occur in the course of court proceedings. Matters litigated in the Supreme Court of WA are mediated before a Registrar of the court, often early in the proceedings.

Arbitration

Office

Arbitration is a means of resolving disputes outside the courts. The arbitrator reviews the evidence and makes a decision (an award) that is legally binding on both sides and enforceable in the courts. The arbitrator is often a professional in the field of the dispute. The proceedings are less formal and technical.

The benefits of arbitration are that it is quicker and less expensive. The downside is that if you are aggrieved by the outcome it may not be possible to appeal the decision.

Arbitration is often used for the resolution of commercial disputes and arbitration clauses that are commonly found in building contracts.

Adjudication

Disputes can take a long time to resolve and can cause financial hardship to builders and subcontractors if payment claims are held up as a result. Adjudication is a process which determines whether payment should be made before a dispute is finally resolved. A determination is enforceable but is without prejudice to the rights of the parties as far as the underlying dispute is concerned.

The adjudication process is quite technical and strict deadlines apply.

We can assist with almost every commercial or civil issue including:

  • Corporate Law
  • Breach of contract
  • Contractual disputes
  • Misrepresentation/misleading and deceptive conduct
  • Disputes arising from the sale of land or a business
  • Adverse possession claims
  • Lease disputes
  • Defamation/injurious falsehood
  • Partnership and shareholder disputes
  • Removal of caveats
  • Debt recovery
  • Building and construction disputes
  • Complaints to the Building Commission including matters referred to the State Administrative Tribunal (SAT)
  • Adjudications
  • Arbitrations
  • Administration and insolvency matters
  • Consumer and competition disputes
  • Corporate disputes
  • Insurance disputes
  • Employment law
  • Unfair dismissal
  • Applications to wind up companies (liquidations)
  • Applications for bankruptcy orders (sequestration orders)
  • Applications to set aside statutory demands
  • Issue of statutory demands

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