Find Lawyers in Sydney, Australia for Litigation
Practice Area Overview
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.
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Andrea predominantly advises on CTP and liability, and has conducted many major claims in these areas. She has extensive experience as a litigator, regularly appearing in the District and Supreme Courts and Tribunals. She also advises on alternative dispute resolution strategies designed to promote a fair resolution of matters at an early stage. What she does Andrea conducts many complex CTP matters involving liability, causation, quantum, infant claims, compensation to relatives claims, blam...
John is a senior partner in our Insurance Group and a former Chairman of the firm. He runs a full-time practice that focuses on professional indemnity, directors' and officers' (D&O) liability, commercial litigation and aviation litigation. What he does John advises a wide range of professional people across the construction and financial planning industries and company directors, officers and other lawyers in defence of legal negligence claims. He is mostly retained by large Australian a...
Robert practises in insurance law and litigation, with a focus on professional indemnity and product liability insurance. He joined Meridian Lawyers in November 2014, bringing a wealth of experience in insurance law, having acted in many high profile insurance cases. He acts for overseas underwriters, particularly Lloyd’s Syndicates and others in the London insurance market. He also advises insurers, brokers, underwriting agents and insured parties and provides risk management advice to...
Mark is one of Australia’s leading barristers specialising in major construction, engineering and infrastructure disputes throughout Australia and Asia. In addition to his pre-eminent status as a specialist barrister in the field of construction, engineering and infrastructure, Mark has extensive experience in advising and appearing in relation to a broad range of complex commercial and equity disputes at trial and appellate level. Complementing his extensive practice in litigation, Mar...
Simon has practised as a barrister in Sydney since 2010. Before that he worked in New York for eight years, taught at the University of Sydney Law School, and was an associate at the High Court of Australia. Simon has appeared in representative proceedings (both for applicants and respondents), ICAC investigations (both for a person affected and as counsel assisting the Commission), and trials and appeals in the Federal Court and NSW Supreme Court. Simon has been recognised by ‘Best Law...
Ross specialises in commercial and corporate disputes. He appears in a wide range of matters, including cases involving contracts, misleading conduct, directors' duties, insolvent companies, and financial products. He has extensive experience in contract disputes, corporations matters (involving insolvencies and schemes of arrangement), class actions and litigation involving banking, financial services and financial products. Recent examples include: successfully defending a non-executive dir...
Stephen is a well-respected commercial litigation lawyer with almost 30 years’ experience. His area of specialisation is in corporate and commercial dispute resolution, with a particular focus on complex debt, consumer law, contract, corporations law, equity, real property and regulatory investigations. Stephen has represented both public and private companies across a range of industries and issues, in the Supreme Court, the Federal Court and High Court, and has led large-scale matters...
Scott McDonald has more than 30 years' commercial litigation experience. He works on complex commercial disputes, competition law litigation, alternative dispute resolution, bankruptcy and insolvency. He also practises in the emerging field of international commercial arbitration with a particular focus on cross-border trade disputes. What he does Scott provides regulatory advice to publicly listed companies, and their directors and officers, on statutory notices or examination requests from ...
Andrew is an insurance law specialist with 25 years’ experience acting for major Australian and international insurers. He provides advice on a range of issues including strategy, policy drafting, coverage and regulatory disputes, and claims advice. Andrew is also an experienced litigator of financial lines claims with particular expertise in management liability and professional claims against financial (accountants, financial planners, stockbrokers), insurance (brokers and agents) and...
Malcolm Stewart is the Managing Director of Speed and Stracey Lawyers, Vice President of Rule of Law Institute of Australia and Vice Chairman of Australia’s Magna Carta Institute. Major areas of work are Tax and Trust Litigation, and providing strategic dispute advice. Recent achievements include resolving major tax proceedings concerning the Binetter Family, complex Superfund litigation and stopping NSW metropolitan Council mergers.
David Thomas SC appears across Australia in a broad range of commercial and civil matters. He has a particular interest in class actions, regulatory, revenue and constitutional law. David appears at both trial and on appeal, including in the High Court. Commercial and corporate law : Recent clients include HSBC on appeal in the Dick Smith litigation, IAL in the Greensill disputes, Channel Seven in claims against Cricket Australia, the Rinehart children in litigation against Gina Rinehart, NAB...
Chris is a long-standing insurance lawyer working in both our general liability and professional indemnity teams. He represents and advises professionals on claims that are brought against them and when they face regulatory or disciplinary action. What he does He works with corporate and government clients on their liability exposures and risk management issues. He also assists his insurance clients with insurance contract disputes. Who he works with Chris works with local and overseas-based ...
Steven specialises in professional indemnity matters with an expertise in health law and brokers negligence. He regularly assists clients in both litigious cases, and regulatory complaints before the professional councils. In 2020, he was recognised as a top health lawyer when he was awarded Lawyers Weekly’s 30 under 30 Health and Medical Award. Steven has also been appointed to the Human Research Ethics Committee of Concord Repatriation General Hospital (which approved clinical trials ...
Tom is a litigator, specialising in administrative law. He regularly advises and appears for government departments and agencies in dispute resolution involving reviews of government decisions. What he does Tom represents Commonwealth and state departments and agencies as a solicitor advocate in the Administrative Appeals Tribunal, Federal Circuit Court, Family Court and Federal Court. He has experience acting for and advising government clients across a number of different areas and has unde...
Melanie is an insurance litigator with experience spanning various fields of insurance law, including public liability, product liability and professional indemnity claims. Melanie also works in the not-for-profit sector, assisting charitable and religious organisations responding to child abuse claims. What she does Melanie advises clients from a range of sectors, including schools, churches, hospitals, health and allied health professionals, construction companies, hospitality groups, sport...
Antonia specialises in personal injury insurance litigation. She has a particular interest in complex medical disputes and defending fraudulent claims. Her approach to claims involves early resolution where appropriate and vigorous defence and forensic investigations where warranted. What she does Antonia advises on all aspects of claims management. She is adept at assessing and defending claims involving complex liability issues and multiple defendants, catastrophic injury, and compensation ...
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