Find Lawyers in Brisbane, Australia for Litigation
Practice Area Overview
Litigation in Australia typically refers to practice in all areas of dispute resolution. The practice has developed traditionally under both common law and federal and state civil procedure legislation.
Litigation matters vary in scope and subject matter, however, they can involve everything from contract disputes and tort claims to claims arising from breaches of specific statutes such as the corporations law and competition (anti-trust) legislation. Given the large breadth of potential disputes, many litigation practitioners will specialise in a range of niche areas such as property and construction claims, personal injury matters, employment law claims, Intellectual Property disputes, tax and finance matters, or even representing corporations and individuals in State and Federal regulatory investigations, inquests, and inquiries.
Litigation practitioners frequently act for corporate entities or individuals by:
- advising in relation to strategy to resolve or avoid disputes;
- negotiating on behalf of clients in disputes to obviate the need for Court proceedings;
- instituting Court or Tribunal proceedings which can include the drafting and preparation of documents such as Court applications, pleadings (including Statements of Claim and Defences to claims), affidavits, witness statements, and other essential procedural documentation;
- advocating on behalf of clients before Courts or Tribunals;
- negotiating the terms of settlement of Court proceedings; and enforcing judgments of Courts or Tribunals (i.e. recovering awarded sums).
Whilst in Australia professional advocate barristers are typically “briefed” by an instructing lawyer to appear in more substantial matters, advocacy before Courts and Tribunals is not restricted to barristers and any lawyers admitted to practice in the relevant jurisdiction may appear on behalf of their clients.
A growing area of Litigation practice in Australia is acting in relation to regulatory compliance. As the sheer number of laws enacted each year (at a State and Federal level) rises exponentially, so too does the compliance burden. In this respect, practitioners are increasingly being called upon to:
- advise in relation to general regulatory compliance;
- respond and object to penalty notices;
- respond to regulatory inquiries and investigations;
- defend prosecutions;
- negotiate with regulators to settle claims; and
- assist to comply with and observe regulatory rulings or orders which can often involve the imposition of fines, disqualifications from office, mandatory corrective action or inaction, and even organisational restructuring.
Prosecuting regulators and government agencies with whom practitioners deal include the Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), Australian Prudential Regulation Authority (APRA), and Australian Federal Police (AFP) to name but a few. In dealing with these regulators, matters can be as diverse as breaches of company directors’ duties, insider trading, white collar crime, price-fixing, and even foreign bribery matters.
Litigation practice in Australia also encompasses Alternative Dispute Resolution (ADR), that is, the resolution of disputes outside the traditional framework of State and Federal Courts and Tribunals. This generally includes varying forms of mediation, arbitration, and expert determination. Given the high costs, delay, and adverse publicity associated with Court proceedings, many parties to commercial contracts in Australia are now insisting on the provision for ADR in contracts as an antecedent step to Court proceedings. Litigation practitioners require a sound understanding of all forms of dispute resolution in order to effectively advise their clients. The choice of resolution strategy or forum will often depend on the client’s unique circumstances, the particular area of law or both.
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Michael has 20 years’ experience in construction law and litigation obtained at firms in Australia, London, and in-house at some of Australia’s leading contractors. Michael’s advice is clear, pragmatic and considered. His comprehensive understanding of how major contractors operate, based on his own experience, gives him an appreciation of how legal and commercial risks fit within the bigger picture. He has also been involved in many high profile and complex construction dis...
Toby is an Accredited Specialist in Commercial Litigation with the Queensland Law Society (QLS) and is former a member of the QLS’ Commercial Litigation Specialist Accreditation Advisory Committee. He is also a National Accredited Mediator and has been acting as a mediator and facilitator for 20 years. At present, Toby is the Chair of the QLS Alternative Dispute Resolution Committee and is a Member of the Law Council’s ADR Committee. Toby is regularly appointed by parties and nomi...
Scott is recognised as one of Queensland’s leading and most experienced restructuring and insolvency lawyers. He works with clients, company directors and advisers to analyse the issues and provide a range of options within tight time frames and often under difficult circumstances. An expert in distressed turnarounds and restructures, Scott often works collaboratively with other turnaround and restructuring professionals, assisting with and documenting restructures and advising company ...
Drew has over 20 years’ experience as an insurance and commercial litigation lawyer. His area of focus has been the defence of professional negligence claims, directors' and officers' claims and medical malpractice. His commercial dispute practice includes shareholder, partnership and joint venture disputes, domestic and commercial building disputes, injunctive and declaratory relief and administrative law. Drew advises on risk management for professional service firms. Drew has been re...
Tony is a senior lawyer with more than 35 years' experience in complex agreements and disputes, particularly across intellectual property (IP), information technology (IT), life sciences, and franchising. Tony also has broad international experience, particularly in the USA, UK, and Asia. Tony has been involved in many seminal deals and cases. His experience includes cases involving expert evidence and cross jurisdiction co-ordination with an emphasis on technical and parallel issues. Tony ha...
Mr Gibson obtained a B.A. and LLB (Hons 2A) from the University of Queensland in 1975. He was called to the Bar in 1976 and appointed Queen’s Counsel in 1989. He practices principally in the fields of contract, commercial, property (including planning and environment and mining and resources), administrative law and appellant proceedings. He has appeared in the High Court of Australia, the Supreme Court of Queensland, the Federal Court of Australia (in all capital cities), the Planning ...
Scott Guthrie draws on his more than 25 years’ of expertise to advise clients in the finance, insolvency and property industries. A significant part of Scott’s practice involves acting for various stakeholders in the unsecured and secured insolvency market. Scott regularly advises and acts for receivers, liquidators, administrators and bankruptcy trustees in identifying, preserving and recovering assets for secured and unsecured creditors. Scott also represents directors and compa...
Darrell Jardine is a Partner and leads HopgoodGanim's Dispute Resolution practice. His expertise includes advising on contractual disputes, negligence claims, product liability litigation, class actions, insider trading and other claims brought by ASIC for statutory breaches and Royal Commissions. He offers a particular expertise in liquor licensing and gaming regulation and represents major participants in the leisure, sport and entertainment sector. Darrell is consistently recognised by lea...
Khory is a highly experienced litigator, negotiator and strategist with over 30 year’s experience. He provides wide-ranging issues management and conflict advice to corporate and government decision makers at the highest levels. Khory has advised clients across a multitude of industries including energy, resources, finance, building and construction, government, health and education. He advises clients on commercial and industrial disputes and disruptions, strategic risk and issue manag...
John McKenna QC has been in practice at the commercial bar in Queensland for over 30 years, including over 18 years within the ranks of senior counsel. He has a particular interest in appellate and legally complex matters. Mr McKenna is also a Nationally Accredited Mediator, with over 15 years of experience in the mediation and expert determination of commercial disputes. He graduated from the University of Queensland with a Bachelor of Arts (majoring in economics) and a Bachelor of Laws (Hon...
Yvette is an Accredited Specialist in Personal Injury Law with more than 17 years' experience in the insurance industry. She has practised predominantly in defending statutory classes, common law and general insurance claims since 1996. She also regularly advises on liability issues. What she does Yvette advises clients on complex statutory and liability claims, property recovery claims, multiple party actions, indemnity and quantum issues, scheme-sensitive matters and complex litigation. She...
Committed to helping his clients manage their risks and solve problems, Andrew specialises in all areas of construction law. He has worked on both transactional and disputed matters concerning the engineering, procurement, construction and operation of major projects across Australia and internationally. Andrew has advised in both private practice and in-house for some of Australia’s largest construction and engineering companies and understands the commercial and technical drivers in t...
Sean has practised in insurance litigation since 1992, acting on behalf of defendant insurers and self insured across the CTP, workers' compensation and public liability regimes. This has included providing advices on the interpretation of legislation and policy submissions on the strategic operation of schemes. Sean has also advised employers in respect of reviews of decisions by the Workers’ Compensation Regulator, and conducting and defending appeals challenging decisions under the Q...
An accomplished lawyer with more than 25 years' experience as a litigator, Michelle specialises in maritime and transport law. Michelle features as a leading shipping and transport practitioner in Chambers, Legal 500, Doyle’s and Best Lawyers. She is also very active in the maritime and transport industries including being the Vice President of the Maritime Law Association of Australia and New Zealand (MLAANZ) and on the Executive of Australian Maritime and Transport Arbitration Commiss...
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