Litigation & Disputes

Litigation can be a stressful and overwhelming experience. Our goal is to help our clients achieve a positive outcome while minimizing the time, cost, and disruption associated with litigation.

Our lawyers can represent you in the following types of disputes:

Contractual Disputes

We can provide legal advice across a range of contractual matters, including breach of contract, interpretation of contract terms, termination of contracts, and more.

Our lawyers are ready to help you navigate this complex area of law and achieve the best possible outcome.

Intellectual Property

Intellectual property refers to intangible assets, such as inventions, creative works, and brands that are protected by law.

Our lawyers can assist clients with intellectual property disputes, including trade mark and copyright infringement.

Our services for intellectual property disputes include pre-litigation advice, dispute resolution, mediation, arbitration, and representation in Court. We work with clients to develop a comprehensive strategy that aims to resolve disputes in a cost-effective and timely manner.

We can also assist with Trade Mark Applications to ensure that your intellectual property rights are protected. We can guide you through the process with ease. Here are the basic steps involved in registering a trademark:

Conduct a trademark search: To ensure that your trademark is not already registered or in use, conduct a search on the Australian Government IP Australia website.
Determine the trademark classes: Trademarks are classified into different classes based on the type of goods or services they relate to. We can assist you in determining which class your trademark belongs to.
Submit your application: Our team can assist you in filing your trademark application online through the IP Australia website. We will provide all necessary details about your trademark, including the class it belongs to, a description of the goods or services it relates to, and any supporting documents.
Wait for examination: Once your application is submitted, it will be examined by IP Australia to ensure it meets the requirements for registration. We will keep you informed throughout the process which typically takes several months.
Advertise your trademark: If your application is accepted, your trademark will be advertised in the Australian Official Journal of Trade Marks. This gives other parties an opportunity to object to your registration.
Register your trademark: If there are no objections to your trademark, we can then register it with IP Australia. You’ll need to pay a registration fee and your trademark will be protected for a period of 10 years.

Consumer Disputes

If you have a dispute with a business or seller regarding a purchase or service, you may have a consumer dispute. These types of disputes can range from faulty products to misleading advertising and can often be complex and frustrating to resolve on your own.

Our lawyers can help you determine the best course of action for your specific situation. Whether it’s negotiating a settlement or taking your case to court, we are committed to fighting for your rights and protecting your interests.

Debt Recovery

We work with individuals and businesses to recover outstanding debts including unpaid loans and unpaid invoices.

Our approach to debt recovery involves first understanding your specific situation and goals. We then work with you to develop a tailored strategy to recover your debt, which may involve negotiating with the debtor, issuing a formal demand letter, or pursuing legal action.

If you’re dealing with unpaid debts, don’t hesitate to contact our firm for help. We’ll provide you with the support and guidance you need to recover what’s rightfully yours.

Defamation

If you or your business has been defamed, you may have legal options to protect your reputation and seek compensation for the harm caused. Defamation can have a huge impact on your personal and professional life, and we’re here to help you navigate the legal process.

Defamation occurs when someone communicates false and damaging statements about you or your business to a third party. This can be in the form of spoken words (slander) or written words (libel). Defamation can damage your reputation, affect your business opportunities, and cause emotional distress.

Building and Construction Disputes

Whether you are a property owner, builder, contractor, or subcontractor, we are here to help you navigate these disputes and achieve the best possible outcome. We can assist with the following types of matters:

Breach of contract claims
Defective work claims
Payment disputes
Disputes over variations or changes to the scope of work
Disputes over the quality of work

We strive to resolve building and construction disputes through negotiation, mediation, and other alternative dispute resolution methods where possible. However, if litigation is necessary, we will represent you in Court or at a Tribunal.

If you are facing a building and construction dispute, don’t hesitate to contact us today to discuss your legal options.

Guardianship Disputes in the Victorian Civil & Administrative Tribunal

Guardianship disputes in the Victorian Civil & Administrative Tribunal (VCAT) can be complex and emotionally charged.

These disputes typically arise when there are disagreements over who should have the legal authority to make decisions on behalf of a person who is unable to make decisions for themselves due to disability or illness. This can involve issues such as medical treatment, accommodation, and financial decisions.

We can assist with all aspects of guardianship disputes, including filing applications with VCAT, representing clients in VCAT hearings, negotiating settlements, and providing ongoing advice and support.

Will / Estate Disputes

We specialise in all aspects of will disputes, including applications under Part IV of the Administration and Probate Act.

To make an application under Part IV of the Administration and Probate Act in Australia, also known as the Family Provision Act, certain requirements must be met. These include:

Eligibility: You must be an eligible person, as defined in the Act. This includes the deceased’s spouse or domestic partner, children (including stepchildren and adopted children), and certain other dependents.
Timeframe: You must make the application within 6 months of the date of the grant of probate or letters of administration.
Grounds: You must have grounds for the application. This may include financial need, inadequate provision in the deceased’s will, or a moral claim to a share of the deceased’s estate.
Evidence: You must provide evidence to support your claim, including financial statements, medical records, and any other relevant documentation.
Legal representation: It is recommended that you seek legal representation to help you navigate the application process, as it can be complex and involves court proceedings.

We can also assist with disputes over testamentary issues, including the interpretation of the will, questions of capacity, and undue influence. In some cases, there may be allegations of fraud or forgery.

If you are involved in a will dispute, don’t hesitate to contact us. We offer a confidential consultation to discuss your situation and provide you with the legal advice you need to make informed decisions about your case.