Disputes and litigation

Our lawyers are some of the finest commercial litigators in Australia, yet we pride ourselves on helping clients avoid unnecessary court proceedings.

We're a diverse and highly-experienced team with expertise across a broad range of commercial disputes. Our advice is honest, strategic, and mindful of stakeholder sensitivities.

We have extensive knowledge of commercial mediation and arbitration. This is complemented by a deep reserve of litigatory firepower that scales according to client need and the intensity of the dispute. Best-practice digital discovery and document management equip us to provide a lean yet highly-effective service in all medium to large commercial matters.

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Corporations disputes and litigation

Our team has intimate knowledge of company law and constructive relationships with corporate regulators. We've represented some of Australia's leading companies, as well as their directors, officers and shareholders.

Our expertise includes:

  • shareholder and partnership disputes
  • breaches of directors' and officers' duties
  • ASIC compliance and litigation
  • corporate governance disputes

Defamation

The rapid expansion of digital communication and social media creates unprecedented defamation risk for businesses and individuals alike. We've represented both plaintiffs and defendants in significant defamation cases throughout Australia.

Our expertise includes:

  • pre-publication advice
  • issuing and responding to defamation concerns notices
  • responses to defamation notices
  • drafting offers to make amends
  • pursuing and defending litigated defamation claims
  • digital and traditional media

Trusts disputes

Trusts are widely used both in corporate and private business and family arrangements, yet many do not fully understand the scope of the obligations created by trusts. Trusts are at the heart of many commercial disputes and can impact the outcome of disputes significantly. A deep understanding of the laws of trusts and equitable principles allows our lawyers to advise on trust principles and disputes to achieve the best outcome, including:

  • trust property disputes
  • trustee/beneficiary disputes
  • unit and discretionary trust disputes
  • breaches of trust
  • trustee benefits
  • tracing of trust assets

Information technology

IT disputes are unique and complex. Our lawyers have technical knowledge and strategic insight developed over many years' working on large-scale IT disputes. This equips us to quickly identify and target core risks and issues.

We fully embrace alternative dispute resolution methods (such as Special Reference) which are often more efficient and effective than more traditional dispute resolution methods. Our team works seamlessly with a network of reputable IT professionals who provide expert input.

Our expertise includes:

  • pre-litigation advice
  • IT procurement advice
  • project risk mitigation and issues management
  • IT contract disputes

Intellectual property

The spread of digital technologies has added to the complexity and importance of this highly technical area of the law. We provide cost-effective, expert representation for businesses and individuals involved in intellectual property disputes, including:

  • branding and trademark infringements
  • copyright infringements
  • misleading and deceptive conduct and passing off claims

Insolvency and restructuring

Our team has decades of experience representing insolvency practitioners, corporates, financiers, creditors, directors and shareholders. This positions us to strategically pursue our clients' objectives while carefully navigating the complexities of each matter.

Our expertise includes:

  • advice to liquidators, receivers and bankruptcy trustees on insolvency requirements
  • advising administrators on all aspects of company administration and Deed of Company arrangements
  • corporate insolvency, receiverships, liquidation and bankruptcy disputes
  • advising on all aspects of corporate and strategic restructuring
  • advising secured creditors on security enforcement
  • recovery actions
  • competing security claims

Read more about insolvency and restructuring experience

Banking and securities litigation

For many years we have acted for banks and a range of financiers. We have broad experience in all aspects of securities disputes and litigation, including:

  • advice and litigation in all types of financing disputes
  • enforcement of residential, commercial and corporate securities, including corporate group securities
  • loan recoveries
  • insolvency appointments
  • financial restructuring

Environmental

We have extensive experience in environmental liability claims over contaminated land. Our environmental law experts are supported by a broad network of highly-qualified technical consultants.

Our expertise includes:

  • liability for historic contamination on land
  • liability for the escape of pollution from land
  • claims against consultants for failure to identify site contamination
  • environmental class actions

Franchising disputes

Australian franchising is regulated by complex competition and consumer laws. We provide specialised legal support to franchisors and master franchisees operating across Australia.

Our expertise includes:

  • franchisor and franchisee disputes
  • contract and licensing disputes
  • employment matters
  • regulatory compliance issues
  • intellectual property infringements
  • franchise code of conduct breaches

White collar crime

Our lawyers have represented medium and large corporate clients during prominent ASIC and police investigations into corporate crime. We support our clients to carefully navigate the legal as well as reputational risks.

Our expertise includes:

  • conducting investigations and evidence gathering
  • corporate blackmail matters
  • obtaining financial advantage by deception claims
  • secret commissions and insider trading claims
  • breaches of directors' duties advice and litigation
  • actions to recover proceeds of fraud and wrongful payments

Construction

Lander & Rogers has leading construction law expertise and one of Australia's largest construction insurance law practices. We have detailed knowledge of relationships between construction companies, building professionals and insurers – and this positions us to provide best-practice dispute advice.

Our expertise includes:

  • security of payments claims
  • construction disputes of all kinds
  • cladding claims
  • building defect advice and claims
  • multidisciplinary disputes
  • professional indemnity insurance claims
  • contract works insurance claims

Real estate disputes

Our firm has market-leading real estate expertise. We regularly assist our clients with advice in the following areas:

  • lease disputes
  • sale and purchase disputes
  • easement claims
  • compulsory acquisition
  • subdivision disputes
  • joint venture disputes
  • property scheme disputes

Contractual disputes

Contractual disputes are common in trade and commerce. We have extensive experience providing advice and representation across a broad range of industries. Our expertise includes:

  • supply and distribution contracts
  • shareholder disputes
  • joint venture disputes
  • mining disputes
  • real estate and construction contracts
  • Australian and international disputes

Breach of duty claims

Commercial disputes often arise when losses are caused by poor professional advice or the actions of other parties owing a duty of care. We have many years' experience ensuring all causes of loss suffered by clients are pursued. We've pursued claims against parties including accountants, valuers, agents, trustees and many others.

Regulatory litigation

We provide expert advice and support during investigations into corporate conduct and compliance. Our lawyers have been involved in some of Australia's most high-profile cases and inquiries.

Our expertise includes:

  • ASIC investigations and prosecutions
  • advice on Competition and Consumer Law matters
  • ACCC investigations and prosecutions
  • other State and Federal regulatory prosecutions across Australia
  • inquiries and royal commissions
  • disciplinary hearings and appearances before professional boards
  • advice on investigations and document seizures

Meet the Team

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