Do you need help with preventing or resolving disputes?

November 2019

Our Commercial Disputes lawyers can help you with strategic risk management, dispute resolution and litigation advice across the life cycle of a fund or real estate investment. Here's a snapshot of what we do.

Funds management

  • Successfully defending claims of misleading and deceptive conduct in an explanatory memorandum sent to investors during a hostile managed investment scheme takeover.
  • Obtaining orders from the Administrative Appeals Tribunal overturning ASIC's decision to cancel a large fund manager's AFS licence.
  • Successfully defending an individual and a corporate authorised representative in District Court proceedings for negligence and misleading or deceptive conduct in respect of financial advice provided to investors.
  • Acting for corporate authorised representatives in relation to show cause notices and court proceedings issued by the AFS licensee alleging breaches of statutory and contractual obligations.
  • Acting for responsible entities responding to notices issued by ASIC seeking extensive information about their corporate structures and compliance with AFS licence conditions.
  • Acting for licensees responding to complaints lodged by clients about the provision of financial advice.
  • Acting for a responsible entity of a property fund in multiple Federal and Supreme Court proceedings about the acquisition and refurbishment of two commercial office, retail and hotel premises.

Real Estate

  • Successfully resolving a dispute involving the purchase of a building pursuant to a put and call option deed when it was later revealed the use of the building was unlawful and did not have planning approval.
  • Acting for a tenant in Supreme Court proceedings about the meaning of 'fair market rent' for a rent review under a commercial lease.
  • Successfully acting for the tenant of an industrial property in relation to delays for the completion of works.
  • Acting for a retail shopping centre owner to appeal three consecutive land valuations.
  • Acting for landowners seeking compensation arising from resumption of land.
  • Acting for landlords of commercial, office and retail premises to recover rent arrears and advising on lease disputes involving breaches, termination, misleading and deceptive conduct, and tenant insolvency.
  • Advising landlords on compliance with retail shop leasing legislation, including compensation provisions in connection with refurbishment works, demolition and relocation notices, disruption claims and lease termination.