DISPUTE RESOLUTION & LITIGATION
Commercial disputes occur across all areas of business and industries. Large and small businesses, not-for-profit organisations, local government bodies and statutory authorities, professional advisors and individuals seek out Harwood Andrews’ formidable litigation and advisory experience to advise and help them navigate all manner of commercial disputes.
We have a proven history of successfully resolving matters in our clients’ best interests, from assisting in negotiations to conducting complex litigated claims in State and Federal Courts. Our team are well versed in resolving disputes in relation to land ownership, partnership and shareholder arrangements, commercial and business trading, tenancy and owners corporation to claims extending to consumer law and trade practice compliance, debt recovery, regulatory issues, investigations and enforcement.
Our team’s acumen and expansive knowledge relating to the agricultural, insolvency and building and construction industries, sees the team regularly advising firm clients and the peak industry bodies on business and legal developments.
Let the team guide you through your:
Commercial dispute
Dispute with regulatory bodies and government agencies including ASIC and ACCC
Shareholder and business ownership dispute
Franchising dispute
Farm business dispute
Land ownership dispute
Retail and commercial tenancy dispute
Owners corporation dispute
Mortgage default
Debt recovery
Insurance dispute
Professional negligence claims
Trusts and will disputes
Regulatory prosecutions and white collar crime
Harwood Andrews was recognised in The 2024 listing of leading Victorian Commercial Litigation & Dispute Resolution Law Firms details firms practising in commercial litigation, dispute resolution, class actions and arbitration matters in the Victorian legal market who have been identified by clients and peers for their expertise and abilities in these areas.
INSOLVENCY & RESTRUCTURING
The Harwood Andrews Insolvency team advises insolvency practitioners, creditors, directors and shareholders and distressed businesses on recovery strategies, the wind-up and dissolution of a business, the enforcement and recovery of assets and securities, and corporate strategies relating to restructuring, refinance, and debt consolidation. It’s our depth of knowledge and experience, combined with our focus on practical solutions, that secures the best outcomes for our clients.
Our experienced team work across a broad range of sectors and industries, drawing upon a professional network of insolvency practitioners, financial institutions, liquidators, administrators and receivers as well as our internal tax, corporate and property teams. We also work closely with our family law and wills and estates teams on matters where bankruptcy is a factor.
Let the insolvency team assist your business with all phases of the insolvency process:
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Implementing strategies to reduce the risk of insolvency and minimise loss.
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Assisting creditors to minimise default risk and recover debts.
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Reshaping the ownership, financing and/or operations with the objective of making the business more profitable.
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Assisting with creditor negotiations and connecting distressed businesses with insolvency practitioners.
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Advising at all stages of the insolvency process for individuals, businesses, creditors and insolvency practitioners.
Insights
COMMERCIAL DISPUTES
We offer a comprehensive suite of dispute resolution services geared towards personalised service to our clients and offer on-site visits and in-house seminars to keep our clients informed of developments that affect them.
We provide expert advice and counsel in areas including:
shareholder and business ownership disputes
farm business disputes
commercial disputes
mortgage default and debt recovery
insurance disputes
retail and commercial tenancy
land ownership disputes
professional negligence claims
disputes with regulatory bodies and government agencies including ASIC and ACCC
franchising disputes
trusts and will disputes
owners corporation disputes
To focus on just a few of these:
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Commercial litigation is a key feature of our dispute resolution and litigation practice. We advise on contractual disputes including trade practices claims, disputes in relation to land, partnership and shareholders’ disputes, recovery of debt, commercial tenancy disputes and claims in relation to defective equipment.
Commercial litigation is a large umbrella and no two matters are identical, but our years in this field mean that there is a wealth of experience we can draw on to address each client’s circumstances.
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Many small to medium sized businesses face disputes between shareholders. Often these shareholders are family members. Shareholder disputes typically take the form of “oppression” claims commenced in the Supreme Court of Victoria under the provisions of s 233 of the Corporations Act 2001 (Cth). Although individual disputes will differ, all these disputes have in common allegations that the affairs of a company have been conducted in an oppressive manner.
Oppression claims are commonly instituted by minority shareholders where they believe:
they have been “shut out” of the company’s decision making process; and/or
the majority shareholders have been making decisions for the benefit of some, rather than all of the shareholders.
Examples of specific conduct giving rise to a potential oppression claim include:
the misuse of company funds;
payment of excessive remuneration to directors or their associates;
exclusion from management and meetings;
refusing to allow access to company information; and
the issue of additional shares for the purpose of diluting a shareholding.
Oppression claims are particularly common in family companies, where decisions are often made with personal, as well as commercial objectives. The dispute resolution team at Harwood Andrews is well equipped to assist small to medium sized business navigate these multifaceted circumstances.
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If you are an apartment or unit owner it is likely you are part of an owners corporation, which are subject to strict legislative requirements. It is important that owners corporation members and committee members understand these procedures, their rights and their responsibilities.
The procedures involved with owners corporations can become quite complicated and where they are not followed there can be costly consequences. This is why it is imperative for property owners, committees and managers to seek expert legal advice.
