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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
  • Ingot Capital Investments & Ors v Macquarie Equity Capital Market:  complex litigation in the Supreme Court of NSW and NSW Court of Appeal relating to the issue of a allegedly misleading prospectus and involving a damages claim exceeding $41m.
  • Trustees of the Roman Catholic Church v Ellis:  leading NSW Court of Appeal and High Court authority on representative actions against unincorporated entities.
  • ASIC v Macdonald & Ors:  Supreme Court of NSW proceedings brought by ASIC against the former officers and non-executive directors of the James Hardie Group involving breaches of directors duties and disclosure rules, and subsequent appeals to the Court of Appeal and High Court.
  • Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd:  a high value and complex property dispute running in the Supreme Court of NSW and the Court of Appeal.
  • Andrews Advertising Pty Ltd v Andrews & Ors:  a leading authority on pre trial discovery.
  • Welker v Reinhart:  litigation in the Supreme Court and the Court of Appeal.
  • Dickman v Holley:  Supreme Court proceedings acting for a corporate executor defending allegations relating to the construction of a will and lack of testamentary capacity.
  • Donovan v CEO of the Land Property Management Authority and The Minister Administering Crown Lands:  Supreme Court proceedings seeking to set aside an administrative decision relying upon principles of procedural fairness.
  • Wechsler v du Maurier:  Supreme Court proceedings defending an executor against allegations of breach of trust; separately applying to the Supreme Court for judicial advice under the Trustees Act.
  • Sharjade Pty Ltd v Darwinia Estate Pty Ltd:  Supreme Court proceedings in relation to breach of contract, knowingly inducing breach of contract and issues relating to legal professional privilege.
  • Japan Airlines International Co Ltd: Separate ACCC and class action Federal Court proceedings in relation to international air cargo cartel contraventions of the Trade Practices Act 1974
  • ACCC v Jurlique International Pty Ltd:  Federal Court proceedings brought by the ACCC against Jurlique for resale price maintenance and price fixing contraventions of the Trade Practices Act 1974 (Cth).
  • ACCC v Cement Australia Pty Ltd:  Federal Court proceedings brought by the ACCC against manufacturers and suppliers of cement and cement-substitutes for misuse of market power contraventions of the Trade Practices Act 1974 (Cth).
  • AssetInsure Pty Ltd v New Cap Reinsurance Corp Ltd (In Liq):  the leading High Court case dealing with priority provisions under the Corporations Act, in particular section 562A and how it interacts with insurance provisions.
  • Oro Chile litigation:  Supreme Court litigation concerning a dispute between the shareholders and owners of the world’s largest gold mine.
Key contacts

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