LITIGATION & DISPUTE RESOLUTION
Appellate litigation requires lawyers who are highly proficient in the relevant area of law and know and understand those procedures and nuances of appellate proceedings which are distinct from trials.
The litigation lawyers at TressCox have a wealth of experience in preparing and conducting appellate litigation. We have the resources and experience to advise clients accurately as to their prospects of success in various courts of appeal including the High Court. We have close working relationships with many of the finest appellate barristers and are readily able to prepare and deliver the best possible case on behalf of our clients.
Alternative Dispute Resolution
TressCox has, for many years, helped its clients to resolve disputes by means other than traditional court processes. In an increasingly litigious society, the ability to resolve disputes without the need for the time and cost commitments of litigation (not to mention the publicity that litigation can attract) has become extremely important. We can advise on the right means of dispute resolution for every dispute and advise which of the following methods of dispute resolution are available and appropriate for our clients: Arbitration, Mediation & Conciliation, Expert Determination or Early Neutral Evaluation.
Class and Representative Actions
Class Actions, because of their size and complex nature, have the potential to significantly affect or indeed end a client’s business. Year on year we are seeing an increase in record-breaking verdicts in class actions with no sign of the trend letting up. In 2012 the Australian Institute of Company Directors reported in its bulletin that “in a survey of company directors, 30 per cent of respondents considered class actions to be a significant or increasing threat”. Our extensive experience in conducting, resolving or defending class and representative claims across Australia and internationally is formidable and results driven.
The TressCox class action and representative action team have extensive experience in assisting clients to mitigate class and representative actions risks and assist clients in building - in resilience against such risks. We also advise and represent corporate clients in prosecuting and defending such actions.
At TressCox we adopt a multidisciplinary approach allowing us to call upon a network of scientific and other expert advisory groups which enable us to provide an holistic response to any claim very early in any proceedings.
Our areas of practice include:
- Product liability
- Medical device claims
- Environmental and chemical exposure
- Corporate fraud
- Shareholder dealings
- Professional advisory and misrepresentation claims
- Climate change: major development claims and
- International class and representative actions.
Work our team members have undertaken includes:
- Narangba Industrial estate chemical exposure and business interruption class and representative actions
- Medical device class action: Heart defibrillators
- F1-11 class and representative action claims
- Ipswich River pollution claims
- Pharmaceutical class actions e.g. lariam, Vioxx and Celebrex
- ‘Pink Bats’ class action
- Child abuse class and representative actions
- Retirement village representative actions
- Shareholder class actions e.g. Oz Minerals, Centro, Opes Prime and
- Class actions against professional advisors e.g. real estate sales and financial advisors.
Class Health Review
Our Class action offering is also designed to assist your business in mitigating the risk of being involved in a class action. Our service includes a Class Health Review, which is unique amongst legal service offerings in that we undertake an holistic review of your business to assess not only your susceptibility to such actions but also a root and branch assessment of the likely risk triggers for your specific business and what steps can be taken to minimise risk.
Workshops and Seminars
‘Knowledge is king’ and our Class Mitigation Workshops are designed to educate professionals and managers as to the identification of potential triggers for class actions e.g:
- Risk proofing your business against the possibility of class actions
- GP and medical professionals workshops: avoiding medical device and pharmaceutical claims.
Assisting financial institutions with debt recovery and security enforcement.
TressCox has extensive experience in conducting litigation arising from construction industry disputes. The construction industry is very litigious and few projects of any size will reach completion without there being some dispute resolution along the way. Just as the courts have responded to this by creating specialised administrative lists which deal with building and engineering disputes, TressCox has a specialised team experienced in dealing with construction industry litigation.
A thorough understanding of contract law and the legislation effecting commercial transactions in Australia is required to effectively represent clients in a general commercial dispute. We have expertise in acting for plaintiffs and defendants on a broad range of commerical disputes involving the application of the following areas of law:
- Rectification of contractual terms
- Avoiding agreements on the grounds of uncertainty, failure of consideration, lack of authority, illegality, failure to comply with strict legislative requirements, undue influence, and unconscionable conduct
- Specific performance
- Declarations of proper termination
- Contracts Review Act (unfair tactics and unequal bargaining power)
- The Competition & Consumer Act / Australian Consumer Law (misleading and deceptive conduct and unconscionable conduct)
- Damages for breach
The Corporations Act 2001 regulates every aspect of a corporation during its life from incorporation to deregistration – resulting in the need for regular advice on how the corporation and officers should conduct themselves and, in extreme cases, litigation forms part of the necessary problem-solving mechanisms. TressCox provides comprehensive legal advice on all aspects of the Corporations Act to a diverse range of companies from small to medium enterprises through to multinational organisations.
We regularly advise and act for clients in relation to dispute about: formation and registration, officers and employee entitlements, shares, charges, meetings, voidable transactions, restructures external administrations and deregistration.
Sometimes it is necessary to commence proceedings urgently to obtain an injunction to stop a threatened legal wrong, breach of contract, nuisance, passing off, a defamatory article being published, assets being stripped or moved outside the jurisdiction or documents being destroyed. These are a few of the grounds on which an injunction may be granted. In most cases, to obtain an injunction it will be necessary to demonstrate that damages will not be an adequate remedy for the threatened wrong. We have experience in obtaining a broad range of injunctions and our partners can be contacted at any time to obtain necessary orders.
TressCox assists insolvency practitioners, financial institutions and company directors in handling the legal issues that arise during a corporate reconstruction or insolvency.
The firm’s team of experienced reconstruction and insolvency lawyers is committed to achieving the best commercial outcome for the client. The focus is on developing a relationship with each client that maximises the benefits of our experience, industry knowledge, commercial realism and flexibility.
The firm provides advice to clients from a broad range of industries including government and private enterprise clients in the entertainment, media, information technology, electricity, transport, mining, energy, manufacturing, publishing, health and insurance industries.
TressCox handles insurance litigation for insurers, self-insurers, reinsurers, institutional clients and government departments and agencies. We take a strategic approach to the handling of claims by quickly identifying the real issues in each claim and working with our clients to implement an effective resolution strategy which takes into account the overall goals of the client and the implications of the claim to those goals.
The fact that intellectual property can be extremely valuable but is intangible makes it crucial for businesses to strictly enforce their IP rights. The effort and investment that goes into creating a brand, a system of work, an invention, a design or any copyrighted work can easily become wasted if others are allowed to free-ride on your organisation’s efforts. Similarly, in a competitive environment, businesses can be subjected to claims that they have misused another party’s intellectual property.
Our lawyers have notable experience in prosecuting and defending intellectual property claims on behalf of clients. Moreover, we have an impressive track record of resolving disputes on an informal and commercial basis, without resorting to expensive litigation. Our lawyers are experienced negotiators, advocates and litigators readily able to advise business on the most effective means of resolving intellectual property disputes and following that advice through to obtain practical, beneficial and fast results.
Our commercial litigation team, which works in conjunction with the firm’s specialist property division, has a wide range of experience with real property litigation, including: mortgage repossession, constructive trusts and tracing remedies, freezing orders, disputed commission agreements, lapsing and extension of caveats, landlord and tenant disputes, and retail and commercial leasing disputes.
We have acted for both property owners and those with an interest in land, including secured creditors, prospective purchasers and lessees. Such actions have required appearances in the Supreme, District and Local Courts and various state-based tribunals.
We are highly experienced in all aspects of defending civil penalty proceedings and other claims brought under the Competition and Consumer Act – including dealing with complaints by competitors, ACCC investigations and s.155 Notices, negotiating with ACCC Commissioners and government lawyers, as well as running court actions at trial and appellate levels.
Where our clients’ competitors are engaging in unlawful conduct, we provide intelligent and practical advice about bringing private proceedings and, where appropriate, pursue infringers through the Courts with the determination and energy necessary to obtain the desired result.
Our ability to be innovative in dealing with consumer law issues is demonstrated by the fact that we pioneered the so-called ‘John Doe’ order in Australia by making use of Section 52 of the Trade Practices Act as it was then (see Tony Blain Pty Limited and ors v. Jamison and ors (1993) AIPC 9D-990). A John Doe order is an order addressed to unknown people who form part of an identifiable group engaged in illegal conduct. Whilst such orders were common in the U.S., Canada and United Kingdom prior to 1990, relevant intellectual property legislation in Australia did not facilitate the obtaining of such orders. By making use of the Competition and Consumer Act and provisions of the Federal Court Rules, we were able to obtain an order of this sort for the first time in 1993 and have been able to obtain further orders since then.
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