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Dispute resolution

Sometimes disputes are unavoidable - it is how they are resolved that makes the difference to our clients.  Gadens’ dispute resolution lawyers combine significant expertise in all types of dispute resolution with a practical and commercial outlook.
A highly skilled team
Knowing when to be tenacious and when to be conciliatory requires experience and insight.  Our dispute resolution team comprises lawyers who balance determination with pragmatism.

The team delivers proven strategic planning capability and sound legal, forensic, investigative, evidentiary and administrative skills.  We address complex issues, provide innovative solutions and deal efficiently with large document based litigation.
Strategies for a satisfactory resolution
When a dispute arises, our team applies skillful lateral thinking to reach the very best resolution for our clients.  Our team’s depth of experience from mediation, conciliation and negotiation through to arbitration and litigation allows our clients access to the full range of dispute resolution tools.  When a dispute escalates, our team is there for our clients to help them in even the most difficult circumstances.
Focusing on our clients’ needs
Our multi-disciplined team resolves disputes in intellectual property, competition and consumer law, corporate governance, construction, property, employment, industrial, commercial, insurance, product liability, planning and environment, aged care and administrative law.
At all times, we work closely with our clients to understand their specific needs and goals.  Very importantly, we scope all new matters clearly and work collaboratively with clients to manage costs.  Our advice is straightforward, timely and we keep clients fully informed at every stage on the issues that impact them.
Experience

Some significant court proceedings that our practitioners have been involved in include:

  • Continuing representation of a Victorian statutory authority before the 2009 Victorian Bushfires Royal Commission.
 
  • Representing the Commissioner of Taxation in an appeal to the High Court of Australia following the Commissioner’s loss in a recent Full Court of the Fed Court of Australia decision.
 
  • Acting for the Commissioner of Taxation of the Commonwealth of Australia in numerous Federal Court of Australia proceedings in relation to Part IVC panel work.
 
  • High profile defamation cases, including the Ron Clarke defamation case against the ABC which resulted in a record Victorian damages award of more than $1 million.
 
  • Successfully acting for Esanda Finance Company Limited against Aussie Vic Plant Hire Pty Ltd in proceedings before the Full Court Victorian Court of Appeal and High Court, which went to the heart of the winding up provisions of the Corporations Act.
 
  • Acting for the Lord Mayor’s Charitable Fund in international litigation across four countries in relation to a $200 million charitable bequest.
 
  • Conducting land tax appeals over the assessment of trusts on behalf of Centro Properties, culminating in the High Court decision in CPT Custodian Ltd, which successfully appealed a series of aggregation assessments by the Victorian SRO. 
 
  • Acting for banks and other financial institutions in debt disputes, misleading and deceptive conduct litigation, guarantee cases and documentation disputes, including successful Supreme Court trials.
 
  • Representing Overton Investments in long running litigation, resulting in what is now the leading High Court decision on the correct approach to assessment of damages in Competition and Consumer Act claims. 
 
  • Freedom of Information applications and disputes, including working alongside the Department of Natural Resources and Environment and the Department of Premier and Cabinet in separate matters concerning the Freedom of Information Act.
 
  • Acting in defence of large scale product liability litigation for the Australian Red Cross relating to the collection of blood and its use in transfusions and in blood products, which was taken to a Special Leave Application to the High Court of Australia.
 
  • Managing the portfolio of all commercial litigation for the Murray Goulburn Cooperative and Bonlac.
 
  • Acting for a multinational mining company in Supreme Court proceedings and simultaneous Californian proceedings resulting in a $15m judgment for our client.
 
  • Acting on behalf of Ferrier Hodgson, the Court Appointed Liquidators and Trustees of Managed Investment Schemes in Supreme Court litigation against valuers, former advisors and scheme operators.
 
  • Acting in relation to franchising disputes, including significant Supreme Court cases in Victoria and Queensland for national franchisors.
 
  • Conducting litigation work for major building and manufacturing corporations, including representing a major manufacturing corporation in building disputes, contract disputes (timber, asphalt and gypsum sectors), intellectual property disputes (home components) and product liability advice.
 
  • Acting in Supreme Court proceedings for a petroleum company in a multi-million dollar contract dispute regarding the supply of gas.
 
  • Acting in regulatory litigation for Etisalat (monopoly telecommunications provider in United Arab Emirates) on the establishment of operations in Oman.
 
  • Acting on numerous transport and logistics disputes, both locally and internationally in both court and private arbitration proceeding.
 
  • Acting for the Virgin Technologies Ltd NV in a $20 million fraud / asset tracing matter.
 
  • Conducting an arbitration worth approximately $55 million for a Yemen based trading company in dispute with a Chinese Whitegoods manufacturer regarding a breach of distribution agreement. The arbitration dealt with laws from the UAE, China, Yemen and Sweden. The seat of arbitration was in Sweden.
 
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