Members of this division have considerable experience and expertise in all aspects of litigation including civil, commercial litigation and criminal matters. The division has expertise in handling complex litigation and is attentive and responsive to the needs of clients in delivering practical, cost-effective solutions.

The Head of this division is Andrew Flower who is our Special Counsel.

Specifically, our litigation division assists with the following matters:

1. Property disputes and lease disputes

• Vendor/purchaser disputes.
• Retail leases disputes including by reference to the small business commissioner and VCAT litigation.
• Disputes regarding caveats.
• Adverse possession and easements.
• General lease disputes.
• Priorities cases.
• Mortgage cases.

2. Corporations litigation

• Winding up proceedings.
• Oppression proceedings.
• Insolvent trading cases
• Preference claims
• Taxation consequences and directors penalty notices.
• Directors’ duties.

3. Employment and industrial relations

• Executive dismissal.
• FWC unfair dismissal cases.
• General protections cases.
• General industrial disputes.
• Confidential information injunctions and proceedings.
• Restraint of trade injunctions and proceedings.

4. Competition and consumer law litigation

• Unfair and unconscionable contracts.
• Consumer protection.
• Misleading and deceptive conduct.

5. Partnership disputes

6. General disputes arising out of breach of contract

7. Negligence and other torts

• Professional negligence.
• Economic loss claims.
• Nuisance cases

8. Building litigation including domestic building disputes in VCAT.

9. Confiscation and proceeds of crime litigation in relation to State and Federal legislation.

Legal assistance with civil proceedings brought under Victorian and Commonwealth legislation providing for the restraint or forfeiture of property connected with criminal activity, principally the Confiscation Act 1997 (Vic) and the Proceeds of Crime Act 2002 (Cth).

10. Insurance litigation arising out of the conduct of insurers including refusal of insurance and denial of indemnity.

11. Trusts litigation

• Breach of trustees duties.
• Review of trustees’ discretion.
• Wills and estates disputes.
• Superannuation disputes; Courts and Superannuation Complaints Tribunal.
• Removal of trustees.

12. Investigative bodies – Review and challenge of administrative investigative bodies such as ASIC, ACCC, Fair Work Ombudsman and others.

13. Banking and finance litigation

• Loan and debt recovery.
• Unconscionable conduct.
• Complaints to Banking Ombudsman
• Enforcement of securities and charges

14. Planning and local government disputes

15. General administrative law

• Administrative review in the Court.
• VCAT cases.
• AAT cases.
• Federal administrative review.
• State and Federal Ombudsman.

16. Bankruptcy disputes and litigation

• Bankruptcy petitions.
• Preference cases.
• Priorities disputes.

The firm refers personal injuries litigation to other specialist law firms.

Criminal Law

We provide assistance in all facets of criminal law including:

• Police interview
• White collar crime
• Indictable offences
• Criminal defence
• Taxation prosecution
• Traffic and other summary offences
• Bail Applications
• Drug Offences
• Extradition
• Non-police prosecutions including prosecutions by Australian Securities and Investment Commission, Fair Work Ombudsman, Australian Consumer and Competition commission, Australian Crime Commission, Health Act offences, Food Act prosecutions and WorkCover authority prosecutions.

In consultation with you we engage leading barristers, including King’s Counsels and Senior Counsels, in these areas.