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Dispute Resolution & Litigation

Clients bring their most challenging and pressing problems to Holding Redlich.

Dispute Resolution & Litigation

We seek solutions through mediation, negotiation and other dispute resolution techniques to achieve the outcomes our clients want and need. We provide cost-effective service with a strict policy of ‘no surprises’. We have litigated every conceivable type of civil and regulatory dispute, from ‘bet-the-company’ litigation and the largest commercial disputes, to disputes involving private individuals and their businesses

Expertise

We can litigate in any court, are skilled in arbitration, expert determination and representing clients before commissions of inquiry and other official investigations.  

We have collaborated with Law Exchange International on a publication covering the enforcement of foreign judgements. Click to view our questions and answers on Enforcing foreign judgments in Australia.

We also share our insights into Australia’s legal framework governing commercial litigation, including key issues to consider and the procedural steps, in the 2023 Complex Commercial Litigation Guide published by Lexology Getting The Deal Through.

Lexology GTDT National Expert - Trade marks

Experience

  • the firm has a thriving intellectual property and communications law litigation practice and has been particularly successful in protecting confidential information, patent, trade mark and technology rights for clients
  • the firm has represented numerous accounting and other professional firms in professional liability and other litigation. Holding Redlich is a ‘go to’ firm for some of the largest professional firms in Australia
  • the firm has a strong reputation for representing government at all levels and government owned corporations.
     

Recent Posts

02 November 2022 - Knowledge

The High Court re-affirms the ‘presumption’ of advancement

#Dispute Resolution & Litigation, #Private Client Practice

The High Court has clarified the status of the ‘presumption of advancement’ and re-affirmed resulting trusts as a “land-mark” of the common law

12 October 2022 - Knowledge

Federal Court clarifies requirement for breach of conflicted remuneration provisions

#Dispute Resolution & Litigation, #Superannuation, Funds Management & Financial Services

A recent Federal Court decision held that breaching the conflicted remuneration provisions under the Corporations Act requires a genuine conflict of interest, rather than a conflict of interest arising from commercial dealings.

11 October 2022 - Knowledge

Future of climate change litigation against governments

#Government, #Dispute Resolution & Litigation, #Planning, Environment & Sustainability

In this instalment of our ongoing ESG series, we look at some recent climate change cases brought against government bodies and predict what the main risks are for the future.

04 October 2022 - Knowledge

Introducing Australia’s National Anti-Corruption Commission

#Dispute Resolution & Litigation, #White Collar Crime & Regulatory Investigations

We explain what the federal government’s proposed National Anti-Corruption Commission is, how it will be set up, and what its powers are.

27 September 2022 - Knowledge

Leaving things to chance: ‘Agreements to agree’ in leasing

#Dispute Resolution & Litigation

We look at a recent Supreme Court decision that delivered an interesting analysis of a promise by two contracting parties to ‘negotiate and agree’ an adjustment to their respective contractual rights and obligations due to the impact of the COVID-19 pandemic.

27 September 2022 - Knowledge

Court says to avoid ‘commercial nonsense’ when interpreting dispute resolution clauses

#Dispute Resolution & Litigation

A recent Supreme Court case in Queensland provides valuable insights into how dispute resolution clauses are interpreted and the court’s attitude towards parties attempting to circumvent these clauses.

26 September 2022 - Knowledge

‘Erroneous claims’ of legal professional privilege could pose a reputational risk for in-house counsel

#Dispute Resolution & Litigation, #Regulatory

In-house counsel are being reminded to take care when claiming legal professional privilege over documents after a recent inquiry found lawyers at an entertainment company made ‘erroneous claims’ of privilege over key documents.

14 September 2022 - Knowledge

Audit negligence can be a criminal matter

#Dispute Resolution & Litigation, #Superannuation, Funds Management & Financial Services

For the third time, the Australian Securities and Investments Commission has brought criminal proceedings against an accounting firm and its auditors for failing to comply with audit standards.

14 September 2022 - Knowledge

When is an online publisher a publisher?

#Dispute Resolution & Litigation, #Technology, Media & Telecommunications

Google is not a publisher where it aggregates search results containing hyperlinks to defamatory material, whereas anyone who hosts or facilitates online or social media content may be a publisher of comments made by third parties.

24 August 2022 - Knowledge

ASIC announces priorities for 2022-2026

#Superannuation, Funds Management & Financial Services, #Dispute Resolution & Litigation, #Regulatory

The Australian Securities and Investments Commission (ASIC) has released its latest Corporate Plan, outlining its strategic priorities for the next four years. The Corporate Plan provides transparency on the regulator’s approach to new trends and initiatives in the financial market, and insights into how the regulator will effectively tackle product design and distribution, sustainable finance, retirement decision-making and technology risks over the coming years.

10 August 2022 - Knowledge

Twitter seeking ‘specific performance’ against Elon Musk for breach of contract – what does it all mean?

#Dispute Resolution & Litigation

When a commercial agreement breaks down, the party trying to back out of the deal is normally made to compensate the other party for breaking the deal. However, in exceptional circumstances, a court can make an order of specific performance which requires the parties to fulfil their obligations under the agreement.

29 July 2022 - Knowledge

Compulsory strata management and strata scheme dysfunction – recent trends

#Property, Planning & Development, #Dispute Resolution & Litigation

Strata compulsory management can assist strata lot owners in dysfunctional strata schemes. In this article, we consider some recent developments.