LITIGATION

Executive Overview

We use Litigation and Arbitration as tools (much like corporate finance or tax planning) to achieve worthwhile business objectives for our clients as all disputes arise in a larger financial and business context. On occasion, when employed early enough, litigation techniques may prevent a problem from arising or escalating out of control. At other times, Arbitration can be a faster and cheaper way of resolving a dispute. Frequent users of these tools require systematic ways to incorporate them into their operations.

We listen to develop an early understanding of the issues raised, act quickly to establish the correctness of your position, give you straight talk without jargon and options you can quickly act on. Our approach is to signal that we are prepared to go to trial then use the strategic, tactical and legal tools at our disposal to encourage the other side to resolve the matter as promptly and economically as possible on sound business grounds.

Experience

Nick Weston heads this practice having acted in appellate litigation, in a wide variety of disputes before arbitration panels, in proceedings for the recognition and enforcement of arbitral awards, in proceedings to overturn arbitral awards, and also in litigation ranging from standard to the unusual; including actions involving aviation claims, defamation, incorporated associations, corporations law, negligence, trade practices, construction and contractual issues, employee fraud, cheque matters, bankruptcy proceedings, priority disputes between competing creditors, breaches of fiduciary duties, foreclosures and all types of collections. Nick Weston is a trained and experienced advocate. We also draw on a pool of barristers to resource each matter with the appropriate skills and knowledge.

Methods

· Assessment of risks and benefits, early calculation of damages.
· Legal research and technical investigations or monitoring specific activities.
· Recommendations on tactical or strategic approaches.
· Trial oriented philosophy: by preparing for Court, we send the clear message that we will go to trial but negotiate to
persuade our clients' adversaries of the correctness of our position.
· Creative settlements to bridge the gap between the parties.
· Pre-litigation Discovery to obtain evidence; Injunctions; Litigation and vigorous Enforcement.

Results

· Harm prevention and minimisation of further losses.
· Cost effective crisis management.
· Recovery of debts and forward-looking systems.
· Protecting and enforcing your rightful property and business interests.

BUSINESS OBJECTIVES

Commercial Litigation

Litigation accounts for approximately 40% of the firm's business. The firm has expertise in many niche areas including banking litigation, insurance disputes, insolvency litigation, IP litigation, property actions, defamation issues, building & construction matters, aviation claims, shareholder and company law disputes as well as many other areas of general commercial litigation. In addition to acting for domestic clients we also act for various international clients whom we guide through the Australian legal process.

Case Study: Representation of the two Appellants in a Supreme Court appeal of Melbourne’s first ever Din Torah (Jewish Rabbinical Arbitration) under the Commercial Arbitrations Act against 24 Respondents including three Dayanim (Arbitrators) based on Arbitrators bias and misconduct.

Successfully obtained orders setting aside the Award, the reference to the arbitrators was dissolved, costs awarded against 21 defendants included two categories of solicitor/own client costs and Arbitrators were ordered to repay their fees.

International & Local Arbitrations

Court proceedings are not always appropriate and a suitable alternative dispute resolution (ADR) technique can sometimes advance your cause more effectively. We draft ADR clauses, select neutrals, use ADR procedures and are familiar with the rules of the major arbitral institutions.

Case Study: Representation of and advice to a national insurance company in hundreds of property damage and negligence matters with a very high success and recovery rate.

Commercial Recoveries

We act for many private clients as well as financial institutions and insurers, providing:
· Pre-legal services including letters and telephone calls to debtors.
· Issuing of process through to full Trial.
· Strong insolvency law experience.
· Enforcement of Foreign Judgments.
· Review of terms and conditions of Trade.
· Economic and flexible charging rates.

Case Study: Represented a Canadian mother who had loaned a large sum of money to her daughter’s Australian ex-boyfriend, a property developer. The developer had dishonoured his repayment cheque and refused to pay. Searches revealed daughter was the sole shareholder of developer’s company which owned the three properties. On our advice she appointed herself sole director. A third party immediately repaid the debt in full

Intellectual Property Proceedings

Our IP litigation experience includes work in anti-counterfeiting, copyright, trade mark, designs, trade secret and many other IP matters – restraining wrongful conduct and protecting your rightful property.

Case Study: In an example of "owning your clients" we acted for a recruitment consultancy plaintiff in four ‘restraint of trade’ matters brought against contractors who had circumvented their IT consulting contracts by working directly for clients with whom they had been placed by the plaintiff. Against another legal opinion that our client had, advising it to withdraw from these proceedings and pay each defendant’s costs, we settled three on favourable terms and won one at trial together with interest and costs.