Dispute Resolution & Litigation
We work with our clients to manage and minimise risk, resolve challenges and deliver optimal outcomes to their disputes.
Commercial Disputes
Property Disputes
Insolvency
Tax Disputes
Wills, Estates & Succession Disputes
Our dispute resolution and litigation team are committed to providing clear advice and guidance and delivering ongoing, practical support at every stage. We work closely with you to set the strategy for each dispute and any subsequent litigation.
Our lawyers and support staff are adept at managing complex disputes in the superior courts at the state and federal level and are proficient in using technology to meet the evolving demands of modern-day litigation and alternative dispute resolution, such as e-Discovery and attending hearings by audio-visual platforms.
While litigation is necessary at times, we also work hard to explore early resolution options through private negotiation or alternative dispute resolution forums like mediation, arbitration or expert determinations.
We represent corporates, businesses, property developers and high net worth families/individuals in a variety of disputes typically relating to land development agreements, partnership and shareholders’ arrangements, tenancy and owners corporation disputes, claims relating to the Competition and Consumer Act 2010 and high value tax disputes against the ATO or SRO. For further information see our full Dispute Resolution and Litigation Capability Statement.
Contact
+61 3 9611 0182
disputes@sladen.com.au
Disputes News
Our approach
At Sladen Legal we involve ourselves in a client’s dispute in a variety of ways. We believe the best outcome is achieved by collaborating with our clients to understand their business, and their needs.
-
Before litigation commences we work collaboratively with clients to understand their preferred method of resolution and desired outcomes. At the outset we are involved in reviewing the client’s position, providing options and advising on the likely outcome depending on the course of action taken. This involves reviewing contractual documents or the factual situation in light of applicable legislation and case law, and identifying the options and outcomes available. This way the client can consider all options available to them and make a decision which best meets their objectives.
-
At all stages our objective is to achieve the result our client is after. Accordingly, it is not simply a matter of running a matter from the beginning through to trial but to consider various strategies and options available to bring the client to a favourable resolution as quickly as possible. Such resolution may take into account various alternative dispute resolution processes such as mediation, arbitration or expert determination. If a dispute needs to be determined at trial, we are committed to managing the case efficiently and responsibly with a view of achieving the best possible outcome for our clients.
-
We are mindful that litigation does not work for everyone. This may be because of the financial and personal cost, or that litigation only deals with the legal issues in dispute. A thoughtful approach is taken to analyse viable alternative dispute resolution processes such as mediation, to supply clients with procedural options appropriate to the dispute.
We don’t believe that alternative dispute resolution is a “once off’ consideration. At all times, even if proceedings are commenced, we are commited to revisiting the options available to a client to consider whether or not the dispute may be resolved without taking it to a final hearing. We are also mindful that clients will, where possible, prefer to facilitate and control an acceptable resolution to a dispute, rather than have a third party (be it a judge or arbitrator) impose a decision or determination. If litigation is unavoidable, we will discuss with clients throughout the course of the litigation strategic resolution processes not limited to a court ordered mediation.
-
Where a client has been sued, we will provide advice on liability and options and take all steps necessary to reduce the client’s exposure. Strategies including alternative dispute resolution processes will be considered, with a view to bringing about an early determination of the matter and achieve the best possible resolution for the client. This attitude is reflected in our robust and commercial approach to achieving the right results for our clients, and providing a good understanding of the process and options available throughout the process so the client maintains a high level of control.
-
We understand that being involved in litigation is not part of any client’s core business. If litigation is involved, we ensure that from the start clients are advised of their legal position, and provided with a strategy to achieve whatever objective they are seeking. Our advice will be regularly reviewed and the strategy varied accordingly, as litigation progresses and more information comes to light. Our aim is to finalise a matter for our client’s at the earliest opportunity, provided the outcome achieved fits with our client’s expectations and commercial objectives.
Commercial Disputes
Over the years, we have represented clients in high stake disputes involving contracts, trade practices, shareholder obligations, directors’ duties, negligence, intellectual property and defamation matters. The breadth of our experience enables us to advise our clients and protect their interests during the course of a dispute and litigation.
Partnership and shareholder disputes, including instituting and defending oppression proceedings brought under the Corporations Act 2001
Contract disputes such as breach of contract claims or termination
Trade practices claims under the Competition and Consumer Act 2010 for unconscionable conduct, misleading and deceptive conduct and breaches of consumer guarantees
Conducting litigation relating to the infringement of intellectual property rights and misleading and deceptive conduct
Conducting litigation relating to defamation
Property Disputes
We work closely with our property team and act for major landowners, property developers and businesses in a range of claims involving development agreements, joint ventures, commercial leases and owners corporations.
Commercial property development disputes
Joint venture and development rights agreement disputes
Disputes arising from construction and development agreements
Caveatable interests and the removal of caveats
Retail and commercial tenancy disputes including advising on provisions of the Retail Leases Act 2003
Owners corporation issues including advising on provisions of the Owners Corporations Act 2006
Insolvency
We represent both insolvency practitioners and corporates and individuals in a range of insolvency related matters.
Representing clients in investigations by regulators
Enforcement and recovery of uncommercial transactions or unfair preference claims
Public and private examinations
Creditors’ claims, issuing and setting aside statutory demands and instituting and defending winding up proceedings
Creditors’ meetings
Debt recovery from individuals through bankruptcy notices, creditor’s petition and sequestration orders
Deeds of company arrangement
Tax Disputes
With our highly regarded and award-winning tax team, we represent clients in tax-related disputes in administrative appeals and litigation at the superior courts level. We have also acted for tax agents who are subject of regulatory action by the Tax Practitioners Board.
Legal proceedings with revenue authorities (including in VCAT and the AAT) to review objections
Legal proceedings with the ATO in the Federal Court to review objections
Reviewing decisions of the ATO in the Administrative Appeals Tribunal
Acting for practitioners in regulatory actions brought by the Tax Practitioners Board
Wills, Estates & Succession Disputes
With our highly regarded and award-wining succession and estate planning team, we represent individuals, family groups and businesses in disputes involving complex estates, trusts and corporate structures.
Executor’s, administrator’s and trustee’s duties
Grants of probate and appointment of administrators
Challenging Wills and superannuation, binding death benefit nomination and insurance claims
Testator’s family maintenance claims
Breaches of trust and removal of executors, administrators and trustees
Powers of attorney and the attorney’s duties
Investigating and making claims in relation to misconduct under powers of attorney
Elder abuse
Dispute Resolution & Litigation Lawyers
Featured
