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Dispute Resolution and Litigation


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Dispute Resolution and Litigation


DISPUTE RESOLUTION AND LITIGATION

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.

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Building & Construction


Building & Construction


BUILDING & CONSTRUCTION

We provide expert and practical solutions to our clients working in the building and construction industry.

Our clients range from small to large property developers, contractors and sub-contractors, councils and statutory authorities.

We support our clients from the start to the end of a construction project on matters including:

  • contract negotiation

  • project documentation

  • contract administration

  • occupational health and safety issues

  • assessing and minimising risks

  • dispute minimisation and resolution, including litigation and arbitration

In the commercial and domestic building sector we work closely with builders, developers, contractors, sub-contractors, home owners and consultants and are actively involved in:

  • pre-contract advice and negotiation

  • building contract advice

  • risk management

  • insurance claims advice

  • legislation and regulation compliance

  • making and defending claims under the Building and Construction Industry Security of Payment Act

  • dispute resolution including resolution of domestic building disputes through Domestic Building Dispute Resolution Victoria (DBDRV)

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Insolvency & Debt Recovery


Insolvency & Debt Recovery


INSOLVENCY & DEBT RECOVERY

Harwood Andrews has long provided advice to insolvency practitioners with respect to both litigious and non-litigious matters. We can assist you with:

  • recovery of voidable transactions including unfair preference claims and other uncommercial transactions;

  • dealing with trust assets;

  • making Personal Property Securities Register and retention of title claims;

  • resolving remuneration disputes;

  • navigating settlement negotiations, including preparation of deeds of settlement;

  • undertaking public and private examinations;

  • preparing deeds of company arrangement; and

  • understanding your duties when exercising discretion.

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Commercial Disputes


Commercial Disputes


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:

Commercial litigation

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.

Shareholder and business ownership disputes

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.

Owners corporation disputes

If you are an apartment or unit owner it is likely you are part of an owners corporation. As a member there are certain procedures that must be followed which you may not even be aware of.  It is important that owners corporation members and committee members understand these procedures, their rights and responsibilities.  

The procedures involved with owners corporations can become quite complicated and where they are not followed it can result in costly consequences. This is why it is imperative for property owners or committees to ensure they are compliant and are obtaining the right legal advice

Dispute Resolution & Litigation Lawyers


Dispute Resolution & Litigation Lawyers