Litigation and Dispute Resolution

Disputes and litigation can give rise to both risks and opportunities.

We understand that for many clients, they are an unwelcome distraction from their core business. When disputes and regulatory issues arise, we provide sound legal advice and advocacy based on our extensive expertise tailored to the specific needs of each client. We are client-focused, cost-conscious and outcomes driven in our handling of your dispute or regulatory issue to enable your business to thrive.

How we can help

Disputes do not occur in a vacuum. As expert dispute resolution lawyers, we take a strategic and commercial approach to problem solving disputes. We seek to recognise early what the key drivers are and identify possible outcomes and leverage points. We listen to what our clients wish to achieve.

We work collaboratively across our firm with our subject matter and industry experts, ensuring clients benefit from all of our expertise. Our national scale and experience also enlivens our adaptability to run major litigation in all Australian courts or resolve commercial disputes informally before the parties become entrenched in their positions. We also mediate and negotiate where appropriate, and assertively represent our client’s best interests in court and arbitrations. 

‘They were very commercial and willing to align risk with outcomes.'

Chambers Asia Pacific Guide 2024

Specific areas of expertise

Commercial and contract disputes

We provide targeted, commercial advice and advocacy in matters of contractual interpretation or where commercial parties have ventured outside the boundaries of an agreement. We also have considerable experience in responding to all manner of breakdowns in commercial relationships, including between shareholders, directors and other key stakeholders including enforcement or defence of restraint of trade claims and claims for professional negligence.

Insolvency and corporate turnaround

We act for some of the biggest insolvency professionals in Australia and have an established reputation for successfully prosecuting and defending claims brought on behalf of liquidators for the benefit of creditors. This experience also places us in a unique position to act for companies in financial distress to formulate and implement restructuring and turnaround strategies.

Debt recovery

Our team of expert lawyers have considerable expertise in all facets of recoveries across courts and tribunals throughout Australia. We handle high volume debt recovery with our specialised Smarter Recovery Solutions team, as well as complicated disputes over significant amounts.  

Partnership and trust disputes

Leveraging off our market-leading private clients team, we advise and act for both trustees and beneficiaries of private and commercial trusts in relation to all manner of disputes. Our depth and experience acting in partnership disputes enables us to assist our clients to quickly resolve ownership or succession issues to preserve commercial value.

Banking and financial services disputes

We act for both lenders and borrowers, including major Australian Banks, and borrowers in disputes arising from retail and wholesale lending arrangements and are adept at enforcing security for the benefit of clients or resisting unmeritorious claims. In the financial services industry, we act for fund managers, trustees and other participants involved in commercial and regulatory disputes involving ASIC and APRA. We also have an established track record acting for high net worth individuals to recover investments when promises are not met.

Taxation disputes

Working closely with our experienced Tax team, we have an established tax controversy practice focused on both income and indirect tax disputes with revenue agencies throughout the country. We act for both high net worth individuals and corporations in relation to disputed assessments and are adept at negotiating outcomes with revenue agencies without the need for protracted litigation.

Product liability disputes

We have an established product liability practice, acting for foreign and domestic clients who encounter product liability issues arising under the Australian Consumer Law. We have successfully implemented product safety recalls and assisted clients to navigate the strict regulatory environment concerning these issues. 

Competition disputes

We have considerable experience acting for commercial clients involved in competition disputes, including investigations initiated by the ACCC concerning allegations of anti-competitive conduct and applications made to the Takeovers Panel. Working closely with our corporate and commercial team, we regularly provide input at an early stage of a proposed merger or acquisition transaction to avoid disputes before they arise.

Intellectual property disputes

We have considerable depth of experience acting for clients in a wide range of intellectual property disputes, including challenging ownership and claims relating to the misuse of words, images and trademarks including passing-off claims.

Reputational disputes

We act for individuals and entities who have been defamed or disparaged and have an established track record acting against large media outlets. We also provide advice and advocacy for commercial and private clients who are accused of unduly defaming others and we have particular experience responding to adverse social media campaigns and unfounded negative online reviews.

Property and building disputes

Working closely with our experienced property and projects team, we act for all manner of participants in the property and building industry including developers, landlords, tenants, builders and other professionals when disputes invariably arise. We also have established experience acting for greenfield developers operating on the urban fringe and are mindful of the unique challenges faced in this environment. We frequently advise on retail and commercial lease disputes.

Public law and administrative law

We act for Commonwealth, State, Territory and Local governments in relation to a wide range of disputes, including those relating to funding and commissions of inquiry. We also act for private and commercial clients who wish to challenge government decisions and have significant depth of experience acting in various tribunals and specialist forums and applications for judicial review.

Key contact

Our team

Hall & Wilcox acknowledges the Traditional Custodians of the land, sea and waters on which we work, live and engage. We pay our respects to Elders past, present and emerging.

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