Litigation & Dispute Resolution

Contract disputes most usually arise from a breach of contract, where one party has failed to honour the promises they made.  Sometimes, however, disputes can arise where both parties have done everything in their power to comply, but they disagree about the interpretation of the contract; or even about which documents form the contract.  We have a range of experience dealing with contract disputes of all sizes and in all industries, as well as interstate disputes.

Whenever there is a foreseeable risk of harm, a party has a duty of care to ensure that reasonable care is taken to avoid that harm.  In a commercial setting, this usually arises in the context of an obligation to exercise the due skill and care of a competent tradesperson or professional when carrying out work; however can arise in a broad range of circumstances.  Our lawyers have experience in a broad spectrum of negligence claims from defective workmanship to cranes falling over to cars driving into shop fronts.

The Trade Practices Act 1974 has been replaced by the Australian Consumer Law.  In broad terms, these acts (and similarly worded State legislation) prevent business from engaging in misleading and deceptive conduct or making false and misleading representations.  Further, the legislation also offers consumers a broad suite of statutory warranties which cannot be contracted out of.  That means the warranties may still apply even if the business tells you there is no warranty or other protections.  We have experience with consumer protection claims of all types, from domestic products to financial services.