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Litigation Services

General Commercial Disputes

When there is a dispute in the commercial and corporate arena or the potential for one to develop, our team will work hard to understand your business, evaluate your options, provide timely, strategically focused advice, and ensure focused representation. We assist clients across a wide range of industries with disputes involving shareholders' rights, trustees’ duties, directors' duties and corporate governance, joint ventures, commercial contracts, development agreements, debt recovery, mortgagee sales, employment and insolvency.

Examples of our work

Centro Properties Group (now Federation Centres) restructure

Acting for the Centro MCS syndicate management business in the restructure of Centro Properties Group and Centro Retail Trust to create the multi-billion-dollar ASX-listed Centro Retail Australia.

Real estate contract disputes

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. The disputes involved interpreting the contracts for sale, calculation of the purchase price, valuation, incentives and one-year price adjustment, development deed, construction contracts, pre-lease agreements and leases.

Mining contractor dispute

Successfully resolving Federal Court proceedings for alleged breaches of employment contracts, directors' duties, misuse of confidential information, and conspiracy, including settlement of an urgent injunction application.

Shareholder dispute

Enforcing obligations under a share sale agreement (including the payment of $46 million) that were secured by personal and corporate guarantees, including successfully defending urgent injunction proceedings.

Fund manager

Acting for a fund manager to defend a claim that a heads of agreement constitutes a binding contract to sell land, including opposing a caveat registered over the land.

Enforcing sale contracts

Acting for a property developer to bring an action for specific performance to compel the purchaser to complete the sale.

Seven Fields

Bringing urgent proceedings in the Federal Court to successfully prevent the infringement of this primary producer's trade mark.

Takeover dispute

Obtaining declarations in the Victorian Supreme Court on behalf of stapled security holders regarding resolutions passed at investor meetings to de-staple the securities, in the face of a takeover bid.

Manufacturing company dispute

Mediating a dispute involving a family-run manufacturing company valued at $22 million.

Fair Work Commission

Representing employers and employees in unfair dismissal applications, as well as guiding employers through performance management, misconduct investigations, redundancy decisions and termination processes to limit exposure to unfair dismissal claims, adverse action claims and breach of contract claims.

Freedom of Information requests

Acting for an AFS licence holder responding to a Freedom of Information request lodged by a major newspaper seeking to reveal details of communications with ASIC.

Corporate oppression proceedings

Acting for a minority shareholder and unitholder in corporate oppression proceedings.

Trustee disputes

Acting in proceedings about whether a right of first refusal had been successfully invoked against a trustee and in a dispute against an investment manager who sought to orchestrate a removal of the trustee by members to avoid its contractual obligations.

Restraint of trade dispute

Successfully resolving Federal Court proceedings for alleged breaches of employment contracts, directors’ duties, misuse of confidential information, and conspiracy, including settlement of an urgent injunction application.

Business owner disputes

Advising the board and founding shareholders when disputes arise about the future of the business and its capital structure.

Licensee and authorised representative dispute

Acting for a corporate authorised representative who received a show cause notice from its licensee alleging breaches of statutory and contractual obligations.


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Contact McMahon Clarke

Brisbane
T +61 7 3239 2900
A Level 7, 100 Creek Street, Brisbane Qld 4000

Melbourne
T +61 3 9909 1400
A Level 2, 696 Bourke Street, Melbourne Vic 3000