Find Lawyers in Brisbane, Australia for Litigation
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Litigation - Brisbane, AustraliaAbout this Practice Area
Toby is a partner in the Dispute Resolution & Litigation group and is recognised as an Accredited Specialist in Commercial Litigation. An industry expert in dispute resolution, Toby is also a National Accredited Mediator and has been mediating for more than 14 years. He is regularly appointed by parties and nominating authorities to act as an independent mediator and facilitator. He was formerly a dispute resolution adviser with Europe’s largest ADR organisation, Centre for Effectiv...
Drew has over 20 years’ experience as an insurance and commercial litigation lawyer. His area of focus has been the defence of professional negligence claims, directors' and officers' claims and medical malpractice. His commercial dispute practice includes shareholder, partnership and joint venture disputes, domestic and commercial building disputes, injunctive and declaratory relief and administrative law. Drew advises on risk management for professional service firms. Drew has been re...
Tony is a senior lawyer with more than 35 years' experience in complex agreements and disputes, particularly across intellectual property (IP), information technology (IT), life sciences, and franchising. Tony also has broad international experience, particularly in the USA, UK, and Asia. Tony has been involved in many seminal deals and cases. His experience includes cases involving expert evidence and cross jurisdiction co-ordination with an emphasis on technical and parallel issues. Tony ha...
Mr Gibson obtained a B.A. and LLB (Hons 2A) from the University of Queensland in 1975. He was called to the Bar in 1976 and appointed Queen’s Counsel in 1989. He practices principally in the fields of contract, commercial, property (including planning and environment and mining and resources), administrative law and appellant proceedings. He has appeared in the High Court of Australia, the Supreme Court of Queensland, the Federal Court of Australia (in all capital cities), the Planning ...
Scott Guthrie draws on his more than 25 years’ of expertise to advise clients in the finance, insolvency and property industries. A significant part of Scott’s practice involves acting for various stakeholders in the unsecured and secured insolvency market. Scott regularly advises and acts for receivers, liquidators, administrators and bankruptcy trustees in identifying, preserving and recovering assets for secured and unsecured creditors. Scott also represents directors and compa...
Darrell is a Partner and leads the firm’s Dispute Resolution practice. His expertise includes advising on property-related litigation including resumptions, contractual disputes, negligence claims, product liability litigation, class actions, insider trading and other claims brought by ASIC for statutory breaches and Royal Commissions. He offers a particular expertise in liquor licensing and gaming regulation and represents major participants in the leisure, sport and entertainment sect...
Khory is a highly experienced litigator, negotiator and strategist with over 30 year’s experience. He provides wide-ranging issues management and conflict advice to corporate and government decision makers at the highest levels. Khory has advised clients across a multitude of industries including energy, resources, finance, building and construction, government, health and education. He advises clients on commercial and industrial disputes and disruptions, strategic risk and issue manag...
John McKenna QC has been in practice at the commercial bar in Queensland for over 30 years, including over 18 years within the ranks of senior counsel. He has a particular interest in appellate and legally complex matters. Mr McKenna is also a Nationally Accredited Mediator, with over 15 years of experience in the mediation and expert determination of commercial disputes. He graduated from the University of Queensland with a Bachelor of Arts (majoring in economics) and a Bachelor of Laws (Hon...
About Yvette Yvette is an Accredited Specialist in Personal Injury Law with more than 17 years' experience in the insurance industry. She has practised predominantly in defending statutory classes, common law and general insurance claims since 1996. She also regularly advises on liability issues. What she does Yvette advises clients on complex statutory and liability claims, property recovery claims, multiple party actions, indemnity and quantum issues, scheme-sensitive matters and complex li...
Damien is the Managing Director of DWF in Australia. He is based in our Brisbane office and oversees the Australian operation across all sites. Damien is also a Principal Lawyer with over 20 years' experience in insurance law and leads DWF's Australian insurance group. As the Managing Director of DWF in Australia, Damien is committed to doing things differently for our people and our clients and to growing the DWF business in Australia. In addition to being Managing Director, Damien is a reco...
Paul is the firm's Queensland Managing Partner and partner in the Dispute Resolution & Litigation practice, with more than 25 years’ experience in complex litigation and providing commercial law advice. He specialises in administrative law, commercial law, competition and consumer law, franchising, information technology law, intellectual property and privacy law. Paul is known as a trusted advisor to his clients. His approach to disputes is to be a tough but principled negotiator a...
Anders is a skilled commercial litigator with diverse experience in all types of commercial litigation across Queensland, New South Wales and Victoria. He commenced his legal career at Mahoneys in 2010 and was admitted in 2015. Shortly after he moved interstate to work for a national commercial litigation firm, before returning to Mahoneys in 2020. Anders regularly advises individuals, professional advisors, small business and SMEs on commercial disputes, with an expertise in trade suppliers,...
Litigation in Australia typically refers to practice in all areas of dispute resolution. The practice has developed traditionally under both common law and federal and state civil procedure legislation.
Litigation matters vary in scope and subject matter, however, they can involve everything from contract disputes and tort claims to claims arising from breaches of specific statutes such as the corporations law and competition (anti-trust) legislation. Given the large breadth of potential disputes, many litigation practitioners will specialise in a range of niche areas such as property and construction claims, personal injury matters, employment law claims, Intellectual Property disputes, tax and finance matters, or even representing corporations and individuals in State and Federal regulatory investigations, inquests, and inquiries.
Litigation practitioners frequently act for corporate entities or individuals by:
- advising in relation to strategy to resolve or avoid disputes;
- negotiating on behalf of clients in disputes to obviate the need for Court proceedings;
- instituting Court or Tribunal proceedings which can include the drafting and preparation of documents such as Court applications, pleadings (including Statements of Claim and Defences to claims), affidavits, witness statements, and other essential procedural documentation;
- advocating on behalf of clients before Courts or Tribunals;
- negotiating the terms of settlement of Court proceedings; and enforcing judgments of Courts or Tribunals (i.e. recovering awarded sums).
Whilst in Australia professional advocate barristers are typically “briefed” by an instructing lawyer to appear in more substantial matters, advocacy before Courts and Tribunals is not restricted to barristers and any lawyers admitted to practice in the relevant jurisdiction may appear on behalf of their clients.
A growing area of Litigation practice in Australia is acting in relation to regulatory compliance. As the sheer number of laws enacted each year (at a State and Federal level) rises exponentially, so too does the compliance burden. In this respect, practitioners are increasingly being called upon to:
- advise in relation to general regulatory compliance;
- respond and object to penalty notices;
- respond to regulatory inquiries and investigations;
- defend prosecutions;
- negotiate with regulators to settle claims; and
- assist to comply with and observe regulatory rulings or orders which can often involve the imposition of fines, disqualifications from office, mandatory corrective action or inaction, and even organisational restructuring.
Prosecuting regulators and government agencies with whom practitioners deal include the Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), Australian Prudential Regulation Authority (APRA), and Australian Federal Police (AFP) to name but a few. In dealing with these regulators, matters can be as diverse as breaches of company directors’ duties, insider trading, white collar crime, price-fixing, and even foreign bribery matters.
Litigation practice in Australia also encompasses Alternative Dispute Resolution (ADR), that is, the resolution of disputes outside the traditional framework of State and Federal Courts and Tribunals. This generally includes varying forms of mediation, arbitration, and expert determination. Given the high costs, delay, and adverse publicity associated with Court proceedings, many parties to commercial contracts in Australia are now insisting on the provision for ADR in contracts as an antecedent step to Court proceedings. Litigation practitioners require a sound understanding of all forms of dispute resolution in order to effectively advise their clients. The choice of resolution strategy or forum will often depend on the client’s unique circumstances, the particular area of law or both.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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