Litigation and Dispute Resolution
In our many years of experience as commercial lawyers, we have come to learn commercial disputes are part and parcel of the commercial landscape.
Surry Partners Lawyers work closely with our clients to resolve these disputes in a timely and cost effective manner. Usually, the sooner we are engaged to advise on a dispute, or a potential dispute, the more effective we are in achieving a favourable outcome. We take the time to ensure that you understand the process and likely costs and that you understand the alternatives to formal litigation – including mediation, conciliation and arbitration.
We manage commercial disputes in the Federal Court, the Supreme, District and Local Courts of NSW, the Land & Environment Court and all industry specific tribunals. When appropriate, we brief experienced barristers with specialist skills to work with us on cases.
We have experience in running substantial cases for clients including:
- shareholder and partnership disputes
- debt recovery and enforcement of securities
- creditors statutory demands
- winding up and bankruptcy proceedings
- distribution agreement infringements
- directors and officers liability claims
- building and construction disputes, including claims under Security of Payments legislation
- professional negligence
- trade mark infringements
- employment law and/or contractor issues
- insolvency and retention of title matters
- judicial reviews and administrative appeals
- Successfully representing a developer client in Supreme Court proceedings commenced under the former Trade Practices Act by purchasers in a significant staged residential subdivision in Western Sydney.
- Represented a UK client in a major trade mark infringement dispute in the Federal Court concerning use of registered trade marks on the internet, including the preparation of an Appeal which was settled in favour of our client on the day before the hearing
- Settled District Court proceedings commenced against a furniture manufacturer client by a distributor, in respect of the alleged breach of an exclusive distribution agreement, including dealing with expert evidence in relation to the calculation of damages for breach
- Negotiated a favourable settlement on behalf of a developer client who, as a result of the negligent actions of a third party advisor, lost in excess of $1 million on a premium residential development project.
- Secured the payment of fees owed to our engineering client by one of Australia’s largest manufacturers of cardboard packaging, for the design and manufacture of key plant and equipment.
- Negotiated a favourable settlement against a number of parties, including a real estate agent, on behalf of a purchaser of a commercial property, which was subject to a local council rectification order, the existence of which had not been disclosed during negotiations, or in the contract for sale.
- Negotiated the release of key electronic files belonging to the proprietor of a major online food supply business, being held by the site’s former web designer.
- Negotiated the full settlement for the payment of long outstanding fees and costs owing to a media agent.
- Commenced proceedings in the Federal Court on behalf of a construction client to set aside a Creditors Statutory Demand leading to the setting aside of the demand and a costs order in our client’s favour
- Advised on and settled a dispute between a copyright owner and a website proprietor for copyright infringement resulting in removal of the images and the provision of enforceable undertakings
- Negotiated the settlement of a dispute between a commercial lender and its former solicitor (represented by Law Cover) arising from the alleged failure of the solicitor to properly document the loan arrangements between the parties, including priority agreements with other secured lenders. Settlement achieved without filing threatened Supreme Court proceedings.