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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

13 September 2023 - Knowledge

Timely reminder to directors that your responsibilities do not end when a liquidator is appointed

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation, #Corporate & Commercial Law

ASIC’s recent decision to ban a director who was involved in three failed companies is a timely reminder to directors that their responsibilities do not end after the appointment of a liquidator.

22 August 2023 - Knowledge

Indemnity and D&O Insurance: A brief summary for directors and officers

#Dispute Resolution & Litigation, #Regulatory

This article covers the key sources of financial protection for directors and officers, including indemnity under a company’s constitution and/or in a Deed of Access, Indemnity and Insurance, and Directors and Officers Insurance (D&O Insurance).

01 August 2023 - Knowledge

‘Business as usual’: Doctrine of frustration in sale of business contracts

#Dispute Resolution & Litigation, #Corporate & Commercial Law

The High Court has recently considered the doctrine of frustration in the context of a sale of business contract which required the seller to carry on the business “in the usual and ordinary course” until completion, notwithstanding COVID-19 restrictions.

05 July 2023 - Knowledge

Top issues referred to the new National Anti-Corruption Commission

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

The newly opened National Anti-Corruption Commission has already received 44 referrals for potential investigations. We look at issues that have been referred and what the NACC can do.

07 June 2023 - Knowledge

HVNL: Contraventions of primary and safety duties

#Transport, Shipping & Logistics, #Administrative Law, #Dispute Resolution & Litigation

A recent tribunal decision gives insight into what is, and will be ‘reasonably practicable’ in the context of establishing potential contraventions of primary and safety duties under the Heavy Vehicle National Law.

31 May 2023 - Knowledge

Supreme Court expands interpretation of 'address' under the Corporations Act

#Dispute Resolution & Litigation

A recent Supreme Court decision has confirmed that the right to inspect and obtain copies of the company register under the Corporations Act 2001 (Cth) includes access to members’ email addresses where nominated as a means of communication.

10 May 2023 - Knowledge

Court of Appeal confirms equity cannot provide relief for lapsed lease options

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

The Queensland Court of Appeal has confirmed that if a tenant fails to validly exercise their lease renewal option within the required timeframe, the option lapses and equity cannot provide relief.

03 May 2023 - Knowledge

Quarterly update: Corporate crime, anti-bribery and corruption in Australia

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

A summary of important updates in the anti-bribery and corruption space this past quarter, including the establishment of the National Anti-Corruption Commission and the potential expansion of the Federal Court’s jurisdiction to hear corporate crime matters.

19 April 2023 - Knowledge

Received a statutory demand? Consider these three proven grounds to dispute the debt

#Dispute Resolution & Litigation

This article discusses the grounds on which a company can apply to have a statutory demand set aside, the application process and the potential outcomes of an application.

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.