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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

15 March 2023 - Knowledge

Debt and finance disputes on the rise: How your business can balance its litigation risk

#Dispute Resolution & Litigation, #Corporate Restructuring and Insolvency

There has been an uptick in the number of inquiries regarding dispute about debts, distressed companies, assets and insolvency following years of COVID-19 stress and economic downturn. This article highlights various measures creditors, debtors and guarantors can take in these circumstances.

22 February 2023 - Knowledge

High Court rejects ‘peak indebtedness rule’ in unfair preferences case

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

The High Court has abolished the “peak indebtedness rule”, meaning that the liquidator is no longer at an advantage when the court is determining whether a transaction between a company and its creditor is voidable as an unfair preference.

14 February 2023 - Knowledge

Presumption of advancement – lessons from a recent NSW Court of Appeal decision

#Dispute Resolution & Litigation, #Private Client Practice

The NSW Court of Appeal recently considered a beneficial interest claim in a case concerning a property purchased in the name of a daughter using funds provided by her dad.

10 January 2023 - Knowledge

Definition of ‘adverse material’ under the microscope – Case Summary of John Charles Woodman v IBAC [2022] VSC 684

#Dispute Resolution & Litigation

Ginnane J in John Charles Woodman v IBAC concerned Operation Sandon, the longest-running investigation of the IBAC, held ‘adverse material’ includes the footnotes underpinning the ‘adverse opinion or comment’ outlined in a draft report.

14 December 2022 - Knowledge

Whistleblower regime for public officials: Overview of the Public Interest Disclosure Act 2013

#Dispute Resolution & Litigation

The Public Interest Disclosure Act 2013 (Cth) protects public officials who make public interest disclosures. This article provides a summary of the Act's legislative framework.

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

#Environmental, Social and Governance (ESG), #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.

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.