Litigation and Dispute Resolution
Our Litigation and Dispute Resolution practice group provides competent legal representation to clients involved in various types of disputes and litigation.
Our focus is to encourage early settlement of a proceeding when this is in the interests of our client, and to employ alternative dispute resolution mechanisms (such as mediation and conciliation). Litigation is costly and early settlement can minimise legal costs, time and stress inherent in litigation. However, early settlement is not always possible or in the interests of our client, and we will work relentlessly to protect our client’s interests and proceed to hearing where appropriate.
We employ litigation strategies designed to protect our client’s costs position in the event that the matter does not resolve and is ultimately determined by a Court or Tribunal. We routinely advise our clients on the prospects of obtaining costs orders against other parties to a proceeding.
When engaging Limestone Law, our clients with access to unparalleled skills and experience. Where appropriate, we engage barristers to appear in Court on our client’s behalf. Many of the barristers we engage are also used by some of Australia’s largest listed companies.
Our Litigation and Dispute Resolution Practice can assist in the following areas:
- Appearances before State and Federal Courts and Tribunals;
- Commercial litigation, particularly unfair preference claims brought under the Corporations Act;
- Recovery of large debts;
- Defamation; and
- Contractual Disputes.
Unfair preference claims under the Corporations Act can be particularly frustrating for small businesses. Unfair preference claims arise when a company liquidator attempts to ‘claw back’ a debt paid to a company within 6 months of the ‘relation back day’. It is often the case that liquidators issue unfair preference claims against former creditors of the company in liquidation, some years after the creditor was paid the debt. This can be done by the liquidator in an attempt to recover their fees and expenses incurred in liquidating the company, which often has few (if any) other assets. This can result in substantial hardship accruing to the defendant business concerned. Limestone Law has experience in defending and negotiating the successful resolution of unfair preference claims made against businesses, often for less than the amount of the claim.
Feel free to contact one of our approachable practitioners for an obligation-free discussion about your legal issue.