Find Lawyers in Melbourne, 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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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.
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...
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...
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...
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 ...
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...
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...
Katherine’s primary expertise is in corporate insolvency, the PPSA, contractual disputes, misleading and deceptive conduct, and building and construction litigation in an insolvency context. Katherine partners closely with her clients to achieve their best strategic outcome efficiently and effectively. She proactively seeks an early favourable outcome. Where this is not available, emphasis on commerciality and strategic decision-making drive her management of formal disputes. Katherine&...
Howard has more than 30 years’ commercial dispute experience. He has an active practice in complex commercial litigation and in significant white collar criminal investigations and prosecutions involving a wide range of commercial criminal matters, regulatory investigations and large scale inquiries, including Royal Commissions and Commissions of Inquiry. Howard has been involved in nine Royal Commissions and Commission of Inquiry and has lead his team in acting for four parties involve...
Cameron joined the firm in 2009 as a partner and has over 20 years’ experience in public liability, product liability, professional indemnity, contractors all risk, property and industrial special risk insurance and self-insurance. Cameron also has experience in dust diseases, intentional torts arising out of child sexual and physical abuse and bullying, commercial litigation and building and construction litigation. Cameron provides pre-contractual advice in relation to insurance polic...
Louise is an insolvency lawyer with over 15 years’ experience, acting for a wide range of insolvency practitioners. Her extensive experience ranges from advising and acting for practitioners on issues arising on their appointment to pursuing insolvent trading claims and voidable transaction recoveries. She has also participated in high profile insolvency litigation. Louise also acts for creditors dealing with insolvency issues facing their businesses. Louise also practices in general co...
Jacob (Jake) is a member of Hall & Wilcox’s commercial dispute resolution team, practising predominantly in general commercial litigation. Jake acts for clients in a wide range of contractual disputes, corporations and equity matters, insolvency proceedings, disputes with regulators, class actions, environment and sustainability disputes, trade practices and tax litigation. Jake specialises in legally and factually complex disputes and litigation, with a particular focus on disputes...
I signed the Bar Roll in 1990 and have had the good fortune to become one of Australia’s leading advocates, both at the trial and appellate levels. My practice covers a broad spectrum across all areas of commercial law, and in recent years has involved the application of the criminal law to corporations themselves, not as a matter of vicarious liability. I have now been dealing with complex cases for some thirty-three years, commencing with the failure of Farrow Finance, the building so...
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