Litigation / Dispute Resolution

The Australasian member firms of ALFA International offer clients legal advice and assistance in the areas of:

  • traditional litigation,
  • arbitration, and
  • mediation, conciliation and other forms of alternative dispute resolution (ADR).

By putting in place well-planned, informed strategies to deal with any potential dispute the Australasian member firms are able to provide:

  • aid in identifying the real issues at an early stage,
  • a realistic appreciation of the risks of not resolving the dispute promptly, and
  • considerable savings in time and expense.

Finding practical, astute solutions to resolving a dispute not only saves time and costs but may also preserve a commercial relationship which would otherwise be ruined if a dispute proceeds to long drawn-out litigation.

Other Areas of Assistance

Further areas of expertise also include:

  • risk management advice,
  • probity and governance advice,
  • dispute avoidance, including advice at the pre-contractual stage for the incorporation of dispute resolution or dispute determination clauses in commercial contracts,
  • providing advice on the appropriate forum to commence and prosecute dispute resolution processes, including arbitration around the world, and
  • enforcing judgments and other commercial rights around the world.

Clients

The ALFA International network of firms offer clients a huge resource of experts who can provide opinions, determinations and other non-legal advice and resources.

The Australasian member firms work with large corporations or publicly listed companies through to small entrepreneurial companies and businesses across a diverse range of industry sectors, including professional services, corporate, commercial, financial services, insurance, property, construction, ICT, technology, defence, manufacturing, agribusiness, health and government.

Some of our matters include:

  • Acting for a national mining company in a workout of a publicly-listed mining company in a financial restructure.
  • Acting in a large scale litigation matter in Australia and New Zealand on behalf of a US-based induction heating and engineering company in a commercial construction and engineering dispute regarding repudiation of contracts, termination of contracts and recourse to performance guarantees.
  • Advising a mining engineering company on risk avoidance strategies, negotiation and drafting of contracts and ancillary documentation on high value, complex and multi-jurisdictional disputes via litigation and alternative dispute resolution. These disputes concerned EPC contracts, joint venture and alliance agreements, licensing agreements, mining rights and ancillary contracts such as insurance, storage, international payments, carriage and shipment, including mining equipment acquisitions and hiring.
  • Acting for a print inventory management business to bring a claim against the vendors of the business for damages for misleading and deceptive conduct in relation to the financial position of the business.
  • Acting in a significant piece of Federal Court litigation involving a multi-million dollar claim arising from an allegedly misleading market appraisal prepared by a large residential and commercial property firm. The matter was favourably settled before hearing.
  • Representing a client who owns commercial property in Christchurch (including the 18 storey Clarendon Tower and the George Hotel) in proceedings against another company, relating to a claim arising from the Canterbury earthquakes where the total sum insured exceeded NZ$90 million.  The claim was successfully settled shortly before the substantive hearing.
  • Acting for a public mining company in a claim against a former director and his associates to recover land and mining tenements which had been wrongly transferred from the company into names of associates and an unrelated company which was a bona fide purchaser. The matter resulted in a judgement for the recovery of property and compensation.
  • Acting for the insured in three of South Australia’s largest audit negligence claims. The claims ranged in the vicinity of $15m to $60m.
  • Acting for an overseas bank in the successful defence of a series of class actions arising out of an Australian Taxation Office initiative to retrospectively disallow deductions claimed by investors in various films and live shows.

 

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