LITIGATION & DISPUTE RESOLUTION
Appellate litigation requires lawyers who are highly proficient in the relevant area of law and know and understand which procedures and nuances of appellate proceedings 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 the Supreme, Federal and High Courts. 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.
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 the law of contract and surrounding legislation is required to effectively represent clients in a general commercial dispute. Often, an analysis of whether the basic elements for an enforceable agreement are present, such as whether an offer has been accepted or whether consideration is adequate, can lead to results which (without proper skill and experience) can be overlooked.
We have expertise in acting for plaintiffs and defendants on a broad range of contractual 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
- Admissibility of evidence of contractual terms under the parole evidence rule
- Specific performance
- Declarations of proper termination
- Contracts Review Act (unfair tactics and unequal bargaining power)
- Trade Practices Act (misleading and deceptive conduct and unconscionable conduct)
- The Fair Trading Acts
- 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 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: formation and registration, officers and employees, shares, charges, meetings, disputes, voidable transactions, employment, restructures, external administrations, deregistration, and Financial Services Reform (FSR).
Sometimes it is necessary to urgently commence proceedings 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 can act on urgent applications at any time as the partners in the commercial litigation section share a roster to be on-call 24 hours a day, seven days a week.
TressCox assists insolvency practitioners, financial institutions and company directors in handling the many diverse 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.
TressCox handles insurance litigation for insurers, self-insurers, 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 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.
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 tribunals including the Retail Leases Unit, Consumer, Trader & Tenancy Tribunal and the Administrative Decisions Tribunal.
We are highly experienced in all aspects of defending Trade Practices prosecutions and other claims brought under the Trade Practices 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 Trade Practices 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 (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 Trade Practices 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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