Disputes

Comprehensive Litigation & Dispute Resolution

Dispute Resolution & Litigation

Disputes require decisive action. We provide strategic legal advice so that you can make the right decisions and move forward with confidence.

Disputes are an inevitable part of life. We help you to navigate them by providing clear, strategic and practical advice.

We assist with:

dispute resolution;
litigation and Court proceedings; and
alternative dispute resolution (e.g. mediation).

Examples of the types of disputes we manage include:

contract disputes;
business disputes;
misleading and deceptive conduct disputes;
tax disputes;
employment disputes;
real estate and leasing disputes;
professional negligence disputes; and
trust disputes.

Approach

Our usual approach is to:

provide a clear and transparent quote;
develop a strategic plan based on your unique situation and objectives;
work tirelessly to achieve your desired outcome; and
regularly provide updates regarding our progress.

We tailor our approach depending on the nature of the dispute. Some disputes require collaboration and amicable commercial discussions. Others require a tenacious and robust approach. Whatever is required, we will adjust our approach to deliver results.

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Do I have to go to Court?

Achieving a mutually agreed outcome outside of Court is usually the first port of call. If that is not possible, seeking the assistance of the Court may be an available option.

When should I get a lawyer involved?

Time is usually of the essence with disputes. We have seen situations in the past where issues have been caused due to clients coming to us too late after the dispute originally arose. So, it is usually sensible to get in touch with a lawyer once the dispute arises.

How do you charge?

Trust is one of our core values. We pride ourselves on not causing 'bill shock'. Our usual approach is to provide you with a clear and transparent fee quote to ensure that there are no surprises. You can then make an informed decision about whether you want to proceed or not.

Can I force my business partner to exit? Can my business partner force me out?

The ability to force out a co-owner depends on the relevant legal landscape that governs the relationship.

The documents that regulate the relationship between the co-owners (e.g. the Shareholders Agreement and Company Constitution) are key aspects of the legal landscape. The terms of these documents can be vastly different from situation to situation. Some of these documents provide a clear forced exit process, others do not. Looking at these documents is usually a sensible first port of call to understand what is and what isn’t possible.

If the documents governing the relationship between the co-owners do not contain a forced exit process, a forced exit can potentially be achieved with the assistance of the Court (e.g. via a winding up or oppression proceedings).

Alternatively, you can seek to negotiate a mutually agreed exit on appropriate terms. Some of the exit methods include: