COVERING THE COMMERCIAL SPECTRUM
Our team of commercial dispute resolution lawyers combines industry specialty and experience with expertise in the dispute resolution process. We advise and represent clients in disputes across the commercial spectrum, including:
- Commercial and contract disputes including enforcement of contractual rights and defective building works claims
- Residential home building disputes
- Property disputes, including real property, personal property and intellectual property disputes and enforcement of rights
- Corporate and shareholder disputes
- Debt recovery
- Workplace and industrial disputes
- Breach of statutes and regulations (including environmental & planning law).
We have extensive experience advising and representing clients in relation to all types of general commercial disputes arising under common law or Commonwealth and State-based legislation, including those in relation to:
- Residential building work legislation of each state and territory
- Defective works claims
- The Corporations Act 2001 (Cth)
- Trade practices and consumer rights under the Competition and Consumer Act 2010 (Cth)
- Property, leasing and licencing agreements
- Construction and infrastructure projects
- Product & services supply contracts
- ‘Take or pay’ arrangements
- Intellectual property infringements
- Privacy & confidentiality breaches
- Tort (including negligence) and proportionate liability.
BROAD RANGING DISPUTE RESOLUTION CAPABILITIES
In addition to our general commercial dispute expertise, Moray &
Agnew has dispute resolution experience and expertise across a broad scope of
legal areas and commercial contexts.
Construction, Engineering and Projects
With a team of lawyers that includes qualified and industry- experienced civil engineers, a registered architect and a number of registered adjudicators, we regularly act for principals, contractors, sub-contractors, developers and building and construction professionals across all sectors of the construction, infrastructure and mining industries.
We have particular expertise in security of payment legislation and regularly act for clients in in every State and Territory of Australia in relation to adjudications, including preparation of payment claims and payment schedules; the preparation of adjudication applications and adjudication responses. We also have extensive experience in the various Supreme Courts and appellate Courts in making and defending challenges to the validity of adjudication determinations.
Property & Development
The property & development team advises and represents clients in :
- Disputes regarding contracts for sale, including seeking equitable relief where applicable
- Boundary adjustments, adverse possession applications and other aspects of land titling, including acquisition of affected land
- Use and occupation disputes
- Lease disputes, particularly in regard to make good provisions.
Environmental & Planning
Our environmental & planning team has experience acting for clients in disputes arising under the Local Government Acts and planning and development legislation of each State and Territory:
- Class 1 – planning appeals (acting for both Council and corporations and including s34 conciliations)
- Class 3 – valuation matters in relation to compulsory land and easement acquisitions
- Class 4 – Local Government civil enforcement and judicial review proceedings (including breaches of development consents and contempt proceedings)
- Class 5 – criminal matters in relation to the breach of operating licences and/or pollution offences.
Moray & Agnew’s workplace law team assists clients with various types of employment and industrial disputes including:
- Representing employers in industrial dispute negotiations with unions and employees, including appearing in the Fair Work Commission in relation to dispute proceedings and applications to stop unprotected industrial action
- Developing an industrial relations strategy for dispute resolution mechanisms during the bargaining process and a planned response to industrial action
- Representing employers in matters arising under the Fair Work Act 2009 (Cth) including employee entitlements issues, interpretation of modern awards, industrial disputes with unions and employees, unfair dismissal and adverse action claims.
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