Civil Disputes & Litigation

Our dispute resolution lawyers act for individuals, businesses and investors in commercial and civil disputes across Victoria. We take the time to understand your legal position and your commercial objectives, then pursue the most efficient path to a resolution — negotiation, mediation, conciliation or arbitration where possible, and determined court representation where litigation cannot be avoided.

Property and caveat disputes:

• Removal of caveats, including lapsing notice procedures and urgent Supreme Court applications under the Transfer of Land Act 1958 (Vic)
• Compensation claims where a caveat has been lodged or maintained without reasonable cause
• Contract of sale disputes — deposit release and forfeiture, default notices, rescission, termination and specific performance
• Off-the-plan disputes, including sunset clause issues

Corporate and shareholder disputes:

• Shareholder and director disputes, including oppression claims under Part 2F.1 of the Corporations Act 2001 (Cth)
• Deadlocks, share valuations, buy-outs and exits from private companies
• Applications to wind up a company on just and equitable grounds
• Partnership and joint venture disputes

Commercial and investment claims:

• Misleading and deceptive conduct claims under section 18 of the Australian Consumer Law
• Sale of business disputes — warranty claims, breaches of restraint of trade, and misrepresentation of business performance or takings
• Investment disputes, including proceedings to recover funds placed in failed or misrepresented investments and disputes between investors, promoters and developers
• Breach of contract and breach of directors' and fiduciary duties

Debt recovery and enforcement:

• Letters of demand, statutory demands under the Corporations Act 2001 (Cth), court proceedings and default judgment
• Enforcement of judgments — enforcement warrants, attachment of debts and earnings, and summonses for oral examination
• Bankruptcy notices and winding-up proceedings
• Enforcement of foreign judgments in Australia — by registration under the Foreign Judgments Act 1991 (Cth) for judgments from reciprocating jurisdictions, and at common law for others, including judgments of Chinese courts

We appear in the Magistrates' Court, County Court and Supreme Court of Victoria, in the federal courts, and at VCAT. Because we work in both English and Chinese, we are particularly well placed to act in cross-border disputes involving parties, assets or judgments in China.

Litigation is always a last resort — but when the court room is unavoidable, we prepare every matter thoroughly and press it efficiently. Contact us to discuss your dispute with one of our Melbourne litigation lawyers.