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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.
Bonnie-Anne Talese
Senior Associate
Related expertise: Disputes and litigation , Insolvency and restructuring , Pro bono
Legal Professional Privilege under Australian Law
Legal professional privilege can protect against disclosure of documents.
Sharpening the axe...
We've all now heard about the expected post-September 'tsunami of debt', an 'avalanche of insolvencies' and the 'fiscal cliff'. Will it or won't it occur?
Tenant obtains injunction, preventing development
A decision of the Victorian Civil & Administrative Tribunal (VCAT) has highlighted the importance for landlords of ensuring that Demolition Notices are carefully drafted.
What happened to all the COVID-19 insolvencies?
Although the predicted 'tsunami' of insolvencies hasn't occurred, businesses should remain vigilant as to the financial wellbeing of their suppliers and customers.
Revisiting the new mandatory reporting obligations to ASIC
Almost twelve months have passed since the mandatory breach reporting amendments to the Corporations Act and National Consumer Credit Protection Act 2009 came into effect.
COVID-19: Temporary changes to insolvency laws
The COVID Act inserts section 588GAAA into the Corporations Act 2001 (the Act), 'Safe Harbour—Temporary Relief in response to the Coronavirus'.
Can I sue Google for defamation?
The rapid growth of digital technologies presents new challenges for defamation laws. This article examines the question ''can I sue Google for defamation?''
What's the latest on…liquidators' search warrants?
A search warrant is a powerful tool for a liquidator to hold, particularly with the expected insolvencies that will arise as Australia emerges from the COVID-19 pandemic and associated lockdowns.
Legal innovator and strategist Sarah Fregon joins Lander & Rogers partnership
Lander & Rogers this week announced appointment of respected industry figure Sarah Fregon to support the firm's growth into the public sector.
Insolvency matters: Assessing a company's solvency
An insolvent trading claim was dismissed by the NSW Supreme Court when a creditor was unable to prove that a company was insolvent at the time it incurred its debts.
What does the extended lockdown in NSW mean for commercial landlords?
The NSW Government recently announced a new economic support package to assist businesses that are impacted by the extended restrictions and lockdowns in NSW.
NSW class actions: High Court confirms soft closure power
In Lendlease Corporation Limited v Pallas [2025] HCA 19, the High Court determined that 'soft class closure' orders may be made in representative proceedings in the Supreme Court of NSW.
Lander & Rogers welcomes Helen Sims as Partner in Commercial Disputes
Leading national law firm Lander & Rogers has appointed Helen Sims as a Partner in its Commercial Disputes team, based in Sydney. Helen commenced with the firm on 8 September 2025.
Booktopia fined $6 million for misleading consumer guarantees
On 10 March 2023, the Federal Court ordered Australian online book retailer Booktopia to pay $6 million in penalties for making false or misleading representations on its website and in dealings with customers about consumer guarantees, in breach of the Australian Consumer Law.
Directors' Duties: Federal Court gives Directors a 'heads up' on s180(1)
The Full Federal Court recently heard an appeal by the directors of Storm Financial, Emmanuel and Julie Cassimatis (the Directors).
The duty of formality: Maintaining etiquette with the court
The Federal Circuit and Family Court of Australia has provided guidance on legal practitioners' duty of formality insofar as it relates to corresponding by email with the court.
Fairfax & Others v Voller: Liability for third-party Facebook posts revisited… but still not answered
Whether companies are liable for third-party posts on their Facebook page has become only marginally clearer following the much-anticipated decision of the New South Wales Court of Appeal in the Dylan Voller defamation case.
COVID-19 and business interruption: Insurers win Star Casino appeal
On 21 February 2022, the Full Court of the Federal Court of Australia (Moshinsky, Derrington and Colvin JJ) handed down its judgment in Star Entertainment Group Limited v Chubb Insurance Australia Ltd [2022] FCAFC 16, an appeal concerning a business interruption insurance policy during the COVID-19 pandemic.
Toxic Waste Warehouse Fire: Court finds no policy cover
The proceeding arose from the high-profile fire at a storage warehouse in West Footscray. The warehouse contained large quantities of toxic chemicals, and the fire had a severe impact on the surrounding community and environment.
NSW Supreme Court strikes down latest challenge to vaccine mandate public health orders
The Supreme Court has issued its decision of Larter v Hazzard (No 2) [2021] NSWSC 1451, concerning an application filed by a NSW paramedic, John Larter, to have two public health orders declared invalid.
The conflict of potential administrators becoming administrators — Ten Network Holdings
It is now commonplace for large, complex, and distressed companies to engage insolvency practitioners to assess the company and provide a contingency plan for possible future administration in the event that restructuring is unsuccessful. A common term for these practitioners is 'potential administrators'.
Defamatory google reviews: plastic surgeon awarded damages for untrue review
The Supreme Court of NSW ordered a disgruntled patient pay aggravated damages after she posted two negative Google reviews of her plastic surgeon. We outline the facts and discuss how health practitioners can mitigate the risks associated with negative online reviews.
Psychologist reprimanded for developing friendship with former client
The NSW Health Care Complaints Commission (HCCC) has been successful in applying to the Civil and Administrative Tribunal (Tribunal) to find a psychologist guilty of unsatisfactory professional conduct in relation to commencing a friendship with a former client shortly after cessation of the clinical relationship. As a result, the psychologist was reprimanded and had mentoring conditions imposed on her registration.
Boundary violations: Pharmacist found guilty of professional misconduct
A pharmacist initiated intimate personal relationships with two women, who were his patients.
The complexities of default notices for commercial lease breaches and termination of leases
Failure of parties to comply with the terms of a commercial lease is not uncommon. Learn more about the options for parties to exercise their rights to seek performance of the terms of a lease, or to terminate it.
An Australian overview to Asset Tracing
Lander & Rogers recently contributed to the TerraLex Guide to Tracing Assets Around the World 2018. As individuals and companies continue to move assets away from countries in which they are subject to dispute, it is important that parties are able to trace assets across jurisdictions. This Guide draws together contributions from tracing experts across a number of countries. See below for the Australian chapter and click here to see the full guide.
High Court considers extra-territorial application of unfair contract terms under Australian Consumer Law
In the wake of the unfair contract terms regime changes in Australia, the High Court of Australia recently considered the application of the unfair contract terms regime to contracts created outside of Australia, and whether a class action waiver clause was an unfair contract term.
The expanding net of publication: Social media and third-party comment: Fairfax & Others v Voller
In a majority decision that will create consternation for media outlets and businesses operating social media pages, the High Court has dismissed appeals from the decision of the New South Wales Court of Appeal and confirmed that the media defendants were publishers of alleged defamatory third-party comments made on their public Facebook pages.
Securing future advances: Tacking, the PPSA, and lender priority explained
In today’s competitive lending environment, securing priority for future advances is more than a technical exercise - it’s a strategic imperative. The concept of tacking, long governed by common law, has evolved significantly with the introduction of the Personal Property Securities Act 2009 (Cth) (PPSA). For lenders, identifying the class of a lender's key security (personal property vs real property) and understanding how to leverage both frameworks is key to protecting lender interests.
Sexual harassment: Is your workplace prepared?
In recent years, there has been a multitude of litigated disputes involving sexual harassment claims, with consequent significant awards of damages in favour of successful claimants.
Warning to all businesses: unfair contract laws enforced
The Australian Competition and Consumer Commission has taken waste management company JJ Richards & Sons (JJ Richards) to court for breach of the small business unfair contract laws that came into effect in November 2016. This is the first legal action that the Australian Competition and Consumer Commission (ACCC) has commenced to enforce the new laws. This eBulletin looks at what small businesses can learn from this first enforcement from the ACCC.
Worried about solvency? What you can do now and how your options reduce over time
The COVID-19 global pandemic has without a doubt caused significant social and economic disruption, with many businesses struggling to maintain 'business as usual'. With the situation continuing to evolve, and with no clear end in sight, more and more companies are facing solvency issues.
High Court confirms insurers are not liable for damage caused by spontaneous heating
Lander & Rogers previously published two articles regarding the successful defence of a claim against insurers for alleged wrongful declinature based on Perils Exclusion 6(c)(i) and/or 6(c)(ii) of an ISR Mark IV Policy (Perils Exclusion).
Workplace culture: complicity vs speaking out
Does your organisation have a workplace culture of complicity? The Royal Commission shows the importance of implementing a “speak up” culture in the workplace
The High Court affirms vicarious liability is limited to employment relationships
In a watershed judgment, the High Court has rejected the expansion of the doctrine of vicarious liability in Australia to relationships outside of employment.
Uncertainty continues for gig economy platforms
In Franco v Deliveroo Australia Pty Ltd, driver Diego Franco was successful in claiming that he was an employee who had been unfairly dismissed when Deliveroo terminated his supply agreement.
First JobKeeper disputes decisions by the Fair Work Commission
On 13 May 2020 the Fair Work Commission (FWC) published one of the first, of what is bound to be many, rulings in the JobKeeper dispute jurisdiction. In that decision, Commissioner Jennifer Hunt found that a part-time employee who had been stood down and was receiving double her usual wage through the JobKeeper scheme had unreasonably refused a request by her employer to use a day of annual leave per week over a 16-week period.
Critical Infrastructure Protection Act 2022 explained
The recent amendments to the SOCI Act send a clear message to responsible entities of critical infrastructure assets that risk management (including cybersecurity risk management) must be prioritised and form part of the entity's core business activity.
Creating a defamation free zone: contractual exclusions to defamation upheld
In a decision hat offers significant learnings for any organisation operating an internal complaints resolution service, the District Court of NSW has concluded that by initiating a complaint to the Financial Ombudsman Service (FOS), homeowner Ms Imielska consented to FOS's investigation and consideration of her complaint and was therefore contractually prevented from bringing a claim for defamation against the respondent to the complaint, an employee of Westpac.
Update on "significant injury" requirement for claims concerning or relating to intentional torts
On 25 October 2019 the Victorian Court of Appeal handed down a decision which provides some clarification on the need for claimants to satisfy the 'significant injury' threshold in claims concerning or relating to intentional acts under the Wrongs Act 1958 (Vic) (Wrongs Act).1
Case review: Inchcape Australia Limited v Chubb Insurance Australia Limited [2022] FCA 883
This case review examines insurance policies covering cyber risks and causation, and the associated 'directness' requirement.
The foundation of workplace culture is vision
The first step to building a “speak up” culture in the workplace is to make sure everyone is aligned with your organisation’s vision, say legal experts.
NSW public health orders mandating vaccinations not unlawful
The Supreme Court of New South Wales recently published a decision that found the NSW public health orders mandating COVID-19 vaccination for some workers were not unlawful.
Purpose vs effect: Federal Court terminates DOCA
This judgment highlights the supervisory role to be played by the courts to ensure that a deed of company arrangement (DOCA) is for a proper purpose.
ACCC compliance and enforcement priorities 2023-24
In its 2023-24 compliance and enforcement priorities, the ACCC is placing an increased focus on areas that have been acutely impacted by the current pressures to the Australian economy, consumers and business.
Independent contracting law: roundup and forecast
In this update, we address three Full Federal Court decisions from 2020, provide a re-cap on the July 2020 Report of the Inquiry into the Victorian On-Demand Workforce and the changes to collective bargaining introduced by the ACCC.
Buyer's remorse: Elon Musk's plan to walk away from Twitter
In April 2022, Elon Musk entered into a legally binding agreement to purchase Twitter for USD$44 billion. As the ink dried on the contract, Musk began looking for a way to walk away from the deal.
Watch your language: The importance of defined terms in an insurance contract
On 18 February 2017, a severe hailstorm passed through Sydney causing damage to parts of a residential development that was being constructed by the plaintiff building company, Rawson Homes.