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Find Lawyers in 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.
Tony has extensive experience in commercial and corporate litigation, especially intellectual property, tax and competition and consumer litigation. He acts for clients in the electricity, mining, education, telecommunications, media and medical sectors. Matters he has been involved in include claims relating to consumer protection and restrictive trade practices, review of Government decisions, corporate disputes, intellectual property advice and litigation, and a range of contractual financ...
Natalie Abela is a director in Cowell Clarke’s Dispute Resolution team, and also leads our Estate Administration and Insurance teams. Natalie practices predominantly in commercial litigation, with specialist expertise across corporate and personal insolvency, business and contract dispute resolution, probate and estate dispute resolution and defamation law. Having had significant experience in complex litigious matters for both national and international clients, Natalie also has a focu...
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...
Noel advises his clients on commercial disputes and related matters including banking and finance, insolvency, the Competition and Consumer Act 2010 (Cth), ASIC and other regulatory issues. Noel’s clients include public and private companies, banks and other financial institutions, insolvency practitioners, manufacturers, and a significant number of large and small businesses and accountants.
Jason is widely regarded as one of Australia’s leading class action, regulatory investigation and product liability specialists. He has over 25 years’ of litigation experience and has defended the largest class actions and investigations in the Australian market. He is one of the few Australian defence lawyers to have run a class action to final trial and judgment, and is the only Australian lawyer to win two shareholder class actions at trial (on behalf of Worley and Iluka). Jaso...
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...
Amanda Brady is an Associate Director in Cowell Clarke’s Dispute Resolution team and has been practising in this area since 2010. Amanda has many years’ experience in the resolution of general commercial and contractual disputes, building and construction disputes, and several insolvency, private client and estate disputes. Amanda has been involved in both small and large scale litigious matters. Her clients include individuals, small businesses, large commercial and construction ...
Chris’ practice focuses on advice, dispute resolution and litigation in the principal areas of: retail and commercial leasing – advising a number of Australia’s largest retail and commercial landlords and tenants in matters of strategy, developments, risk assessment and management, alternative dispute resolution, and litigation property disputes – advising clients in terms of trustee relationships, adverse possession, compulsory acquisition, land valuation, and caveats...
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 ...
Malcolm has particular experience in class actions, supplemented by specialist expertise in insurance, including providing coverage advice to insurers as well as acting to defend their insureds. He has an outstanding track record of achieving positive outcomes for clients by resolving their disputes in a timely and cost-effective fashion without litigation where possible, and by litigating to successful conclusions where necessary. His clients expect and receive proactive and early advice whi...
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...
Nancy Collins is a commercial litigation lawyer with a particular focus on private family wealth disputes. Her expertise lies in this complex area of law, together with family trust, deceased estates, and business and commercial disputes. Nancy co-founded King & Collins understanding that people going through a stressful legal experience want the combination of personal attention and expertise that only a small, specialist firm can offer. Nancy understands the emotional impact of these ki...
Rob Comazzetto is the Managing Director of Cowell Clarke and a Director in the firm’s Insolvency and Reconstruction team. Admitted as a lawyer for over 30 years, Rob has worked both in industry and legal practice and continues to sit on the board of several companies. The experience which Rob brings from being involved in commerce is reflected in his practical approach to issues and the often stressful situations faced by clients. He always focuses on finding a resolution that maximises...
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...
John is a senior partner in our Insurance Group and a former Chairman of the firm. He runs a full-time practice that focuses on professional indemnity, directors' and officers' (D&O) liability, commercial litigation and aviation litigation. What he does John advises a wide range of professional people across the construction and financial planning industries and company directors, officers and other lawyers in defence of legal negligence claims. He is mostly retained by large Australian a...
Robert practises in insurance law and litigation, with a focus on professional indemnity and product liability insurance. He joined Meridian Lawyers in November 2014, bringing a wealth of experience in insurance law, having acted in many high profile insurance cases. He acts for overseas underwriters, particularly Lloyd’s Syndicates and others in the London insurance market. He also advises insurers, brokers, underwriting agents and insured parties and provides risk management advice to...
With over a decade of experience specialising in commercial litigation and dispute resolution; Lauren’s clients rely on her to deliver commercial certainty in Transaction Disputes. Lauren’s recent experience includes: Advising a manufacturing client in an arbitration relating to a commercial construction contract dispute; Advising SILK Laser Clinics (ASX:SLA) on its proposed acquisition by Australian Pharmaceutical Industries (API) (a subsidiary of Wesfarmers (ASX:WES)) by way of ...
Tom is a Principal in the firm’s disputes practice. Tom joined DMAW Lawyers in April 2007 as a senior associate, following previous roles at Clifford Chance in London and Hicksons Lawyers in Sydney where he acted in major litigation matters. Tom specialises in commercial disputes. He has acted in a full spectrum of complex commercial litigation, construction, superannuation, transport and trade matters. Tom's experience includes advising and representing a variety of clients, ranging fr...
Glenn is a principal in the firm’s corporate practice. Glenn provides advice to public and private entities throughout Australia on a full range of corporate and business law issues. This includes capital raisings, listings, mergers by acquisition and schemes of arrangement, ASIC, ASX and legislative compliance, capital reductions and other securities issues and transactions. He acts for large and medium sized corporates, both listed and unlisted, providing advice on a full range of bus...
Mark is one of Australia’s leading barristers specialising in major construction, engineering and infrastructure disputes throughout Australia and Asia. In addition to his pre-eminent status as a specialist barrister in the field of construction, engineering and infrastructure, Mark has extensive experience in advising and appearing in relation to a broad range of complex commercial and equity disputes at trial and appellate level. Complementing his extensive practice in litigation, Mar...
Graydon leads the Hall & Wilcox Litigation and dispute resolution team. He acts on behalf of a number of national and overseas clients on large and complex commercial litigation matters and advises on all aspects of dispute resolution. He has particular expertise in contract disputes, negligence cases, regulatory matters including ASIC and ACCC investigations, coronial inquests and commissions, and product liability. He has advised clients in both the private and public sector. Clients ap...
Paul is a principal in the firm’s disputes practice. Paul has particular expertise in: all aspects of industrial relations and workplace law, and work health and safety; privacy, data and cyber/information security and response; risk management advice and the investigation and resolution of corporate and commercial issues and disputes; advice and representation of clients in competition and consumer law matters; and insolvency matters. Paul is a key member of the Cyber Alliance Group &n...
Michael specialises in statutory litigation in both the state and Commonwealth jurisdictions. He has regularly been included on AFR's Best Lawyers Australia list, most recently in the 2019 edition (published 2018). What he does Michael acts for employers and insurers in statutory litigation matters and provides strategic advice on minimising claims liability. He runs litigation in the AAT and Federal Court, as well as the South Australian Workers Compensation Tribunal and the District and Sup...
https://www.linkedin.com/in/bernice-ellis-74876523/ https://www.thelawyermag.com/au/news/general/laugh-every-day-says-mills-oakley-partner/228601 Bernice has a broad-ranging commercial-disputes practice, but her specialities are insolvency and debt recovery, shareholder disputes, building and construction disputes, and tax disputes. She is sought out for her sound technical advice, along with her straight-talking and commercially pragmatic approach to protecting the interests of her clients. ...
Ali Erskine is a Principal at Harwood Andrews. Ali has more than 15 years post qualification experience. Ali joined Harwood Andrews with significant experience in all areas of commercial dispute resolution and regularly advises business clients to resolve disputes and manage risk. Ali is a specialist in relation to terminal and non-terminal insolvency, securities, and security enforcement. Ali also has significant experience relating to shareholder oppression claims and disputes arising in th...
Maxine is a safety and disputes lawyer who works with private and public sector clients, including employers and insurers. She leads our State Compensation team in Canberra. What she does Maxine specialises in common law and statutory claims arising from work incidents, work health and safety (WHS) matters, coronial inquests, workplace behaviour and code of conduct matters. She advises on litigated and non-litigated matters, investigations and inquiries, regulatory compliance and audit, risk ...
Simon has practised as a barrister in Sydney since 2010. Before that he worked in New York for eight years, taught at the University of Sydney Law School, and was an associate at the High Court of Australia. Simon has appeared in representative proceedings (both for applicants and respondents), ICAC investigations (both for a person affected and as counsel assisting the Commission), and trials and appeals in the Federal Court and NSW Supreme Court. Simon has been recognised by ‘Best Law...
Penny is a commercial disputes lawyer with more than 20 years’ experience managing high value and complex claims and disputes for a wide range of commercial and government clients.Penny has a particular focus on construction, resources and energy and oil and gas disputes. Penny has successfully advised both principals and contractors in relation to the management and resolution of major disputes including through structured negotiation, mediation, adjudication, contested superior court ...
David litigates, manages and resolves disputes for a wide range of Australian and international clients in all Australian jurisdictions. Practising primarily in complex corporate, commercial and regulatory matters, David’s expertise extends to practice in corporations law, intellectual property, competition and consumer law, franchising, agribusiness and education. Inducted as a Distinguished Fellow of the International Academy of Mediators in May 2014, David has been an accredited medi...
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...
Joanne is an experienced commercial litigator and insolvency lawyer within Piper Alderman’s Restructuring & Insolvency Team in Melbourne. Joanne acts for insolvency practitioners, accountants, company directors, secured and unsecured creditors and shareholders of companies facing financial distress or difficulties, which can sometimes lead to receivership, administration, or liquidation. Joanne regularly acts for parties involved in a range of commercial disputes including sharehold...
Alicia is a Principal in the Dispute Resolution & Litigation Team.She is an Accredited Specialist in Commercial Litigation in Queensland and Victoria, a Nationally Accredited Mediator, graded arbitrator and has over 18 years’ experience as a lawyer. Alicia assists clients to understand the implications of the matter in which they are involved, the options available to them for resolution and works to achieve cost effective outcomes. She has acted for ASX listed companies, large prop...
Since coming to the Bar Eliza has practiced in general commercial law, including employment and industrial disputes in both State and Federal jurisdictions, taxation proceedings in the Victorian Civil and Administrative Tribunal, and in administrative and other public law matters. Eliza also acts regularly for both the Victorian WorkCover Authority and corporate defendants in occupational, health and safety prosecutions, and has appeared in pleas, committals and trials. Click here to view Eli...
David is a litigation and commercial lawyer with more than 20 years of experience. Hispractice is focused on complex commercial and contractual disputes in various Australian jurisdictions as well as providing his clients with general commercial and business advice. He has wide-ranging experience across many industries, including real estate, energy & resources (including renewable energy), manufacturing and construction, and IT. His experience has been built on being fortunate enough to ...
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...
Chris’ major area of practice is intellectual property litigation. He has more than 30 years experience in patent, trade mark, design, copyright, trade practices and confidential information litigation on behalf of both applicants and respondents. He has also acted in patent and trade mark oppositions before IP Australia. Chris joined the firm in 1989, becoming a partner in 2001. Chris has successfully acted in a number of significant matters before State Courts and the Federal and High...
Alex King is a disputes, litigation and insolvency lawyer. He has a broad client base, which includes private clients, family-based businesses, publicly listed companies, large institutions and government bodies, in Australia and overseas. Alex recognises that his clients’ commercial imperatives are often unsuited to the costs and inconvenience of full-scale litigation and works with them to explore ways in which a dispute or litigation might be resolved quickly and commercially. Howeve...
Stephen is a well-respected commercial litigation lawyer with almost 30 years’ experience. His area of specialisation is in corporate and commercial dispute resolution, with a particular focus on complex debt, consumer law, contract, corporations law, equity, real property and regulatory investigations. Stephen has represented both public and private companies across a range of industries and issues, in the Supreme Court, the Federal Court and High Court, and has led large-scale matters...
I have been a lawyer since 2001, having worked for five years for a small firm and then for just under ten years at a medium-size firm. I have acted in litigation in most jurisdictions, including trials/hearings in the Supreme Court, Court of Appeal, Federal Court, Federal Circuit Court, District Court, Magistrates Court, State Administrative Tribunal, Fair Work Commission, the Coroners Court and the Western Australian Industrial Relations Commission. My aim is to assist clients to understand...
Michael specialises in corporate and personal insolvency law and is recognised as one of Australia’s leading insolvency lawyers. He acts regularly for banks, financial institutions and other secured lenders providing advice in relation to the security enforcement. He acts for insolvency practitioners in all types of personal and corporate business restructuring and insolvency administrations. Michael is regularly engaged to act for companies and directors providing advice on the restruc...
Kim is a partner in the firm's Dispute Resolution & Litigation practice, with a particular focus on insolvency, complex commercial disputes, and class actions. In insolvency-related matters, she regularly acts on behalf of insolvency practitioners, advising on all matters arising in the administration or liquidation of the company and has conducted applications to Court for directions, undertaken liquidators’ examinations, prosecuted proceedings against directors, advisors and other...
Stuart concentrates on Commonwealth statutory classes of insurance and administrative law. He is one of the firm's most experienced practitioners in these areas and has advised Commonwealth agencies on a range of issues regarding their statutory functions. He has represented clients in proceedings in the Administrative Appeals Tribunal and Federal Court at the Commonwealth level, as well as in various local and state courts. Stuart is currently seconded part-time to a Commonwealth Government ...
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