Commercial Litigation Archives

11 February

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The Risks Inherent to Litigation, and How to Avoid Protracted Litigious Proceedings

What is Litigation? Litigation is the process of resolving legal disputes through the court system. Litigation can be initiated by either an individual or a corporation and involves the parties presenting their cases in a formal legal proceeding. Litigation typically involves the preparation of pleadings, the discovery of evidence, motion practice, and the presentation of evidence in court. The ultimate goal of litigation is to resolve the dispute and to obtain a judgment or verdict that is legally binding on the parties. Litigation can be a complex, time-consuming, and expensive process, and it is often advisable to consider alternative dispute resolution methods, such...

02 November

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Private Investigators in Criminal Matters

Posted by Mark Williams

in Commercial Litigation

For several years now, our firm has regularly hired private investigators to conduct behind the scenes work on select criminal defence matters. Private investigators play a vital role in criminal defence trials in Australia. They can help to gather evidence, locate witnesses, investigate alibis, and identify weaknesses in the prosecution's case. This information can be used to build a strong defence for the accused and increase their chances of a successful outcome. What is a Private Investigator? A private investigator, also known as a private detective, is a professional who is hired by individuals and organisations to conduct investigations and gather information....

19 June

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Case Study – Residential Tenancy Disputes

Posted by Chris Korbel

in Commercial Litigation

We previously successfully acted for clients who were involved in a residential tenancy dispute. The Situation Our clients were renting a luxurious property on the Gold Coast and were having communication issues with the property managers. Unfortunately, due to communication issues with the property managers, our clients decided to terminate their residential tenancy lease and vacated the property in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Our clients took steps to try to assist the property managers with finding replacement tenants, including paying for the advertising fee so that the property could be re-advertised online. Unfortunately, none of our client’s prospective...

21 February

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Dispute Resolution: 4 Key Factors to Consider when Assessing Whether You Need a Lawyer

Posted by Potts-Lawyers

in Commercial Litigation

Introduction In the modern world, disputes arise in a wide variety of ways, whether in your personal life or in the course of running a business. At the heart of every dispute is a disagreement or argument with respect to one or more issues between parties. A majority of the disputes which we encounter in everyday life resolve on their own, and without legal intervention. However, in many cases, parties to a dispute are not able to resolve the dispute amongst themselves, and the dispute remains unresolved. An unresolved dispute may strain the relationship between the parties. Even worse, an unresolved dispute may...

08 February

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Case Summary – Strike Out Application and Appeal

Posted by Chris Korbel

in Commercial Litigation

Introduction In the matter of Goldenwater & Ors v Chan & Ors, Potts Lawyers appeared for, and successfully assisted, the plaintiffs with opposing two applications brought by the defendants to a Supreme Court proceeding. Both applications were dismissed by Flanagan J. The first defendant appealed Flanagan J’s decision, and the Court of Appeal heard and dismissed that appeal. The scope of this case summary is to discuss the first application brought by the defendants, and the appeal brought by the first defendant. The Defendants’ Strike Out Application On 8 October 2020, Flanagan J heard two applications brought by the defendants in this matter. The first...

06 February

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Potential hazards of being a ‘FinFluencer’

Posted by Chris Korbel

in Commercial Litigation

Introduction In the current digital age, social media and the online world has made information easily accessible and disseminated. Similarly, communication between people is now literally available at people’s fingertips. As a consequence of the rise of social media and the online world, there has been influential people who are able to captivate an audience on a large scale. In particular, there is a sub-type of influencers referred to as ‘FinFluencers’ which is a colloquial reference to someone on social media or on the online world who provides financial advice, products or services generally without having the required licence. This article will outline a...

24 June

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Duty to Prevent Insolvent Trading Under the Corporations Act

Posted by Chris Korbel

in Commercial Litigation

Managing cashflow in any business is critical from an operations perspective, but it is also critical from the perspective of a director of a company. There can be serious consequences if a director of company allows (whether deliberately or unknowingly) fails to prevent a company from trading insolvent or from trading in a way that will make the company insolvent. Depending on the circumstances, a breach of this duty could attract criminal or civil penalties. It's Essential to Seek Legal Advice Our firm has lawyers who specialise in civil litigation and criminal law and we pride ourselves on providing high quality services to assist...

24 June

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Duty to Disclose Material Personal Interest Under the Corporations Act

Posted by Chris Korbel

in Commercial Litigation

We understand that balancing business and personal matters can be challenging, and sometimes the lines between the two can be blurred, especially for a director of a company. People who you meet through business can easily become friends, or may be considered family and it is easy to forget about your duty as a director to disclose material personal interests. No matter what the circumstances may be, being proactive is usually better than being reactive in the context of director duties, and seeking independent legal advice early can often lead to a more favourable outcome. In any case, if allegations have been raised...

24 June

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Breach of Common Director Duties under the Corporations Act

Posted by Chris Korbel

in Commercial Litigation

Introduction Being a director or an officeholder of a company may come with many perks and financial benefits, but it also comes with risks and legal obligations. Certain officers of a company may also have the same obligations as a director of a company. Directors and secretaries have certain obligations imposed on them by the Corporations Act 2001 (‘Act’) and are referred to as ‘director duties’. There are other duties which arise under the common law and other legislation relating to employment, work health and safety, taxation and consumer protection. No matter how the duty arises, it is imperative that a person is...

22 February

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The Inappropriate Forum Test: Does the Court have Appropriate Jurisdiction to Hear my Matter?

Posted by Genevieve Bowen

in Commercial Litigation

This article explores the Queensland Supreme Court’s discretion under rule 127 (2)(b) of the Uniform Civil Procedure Rules 1999 (Qld) to dismiss a case in matters where the court is an inappropriate forum or trial of the proceeding. This article will delve into cases and commentary around rule 127 (2)(b) and additionally the common law doctrine of forum non conveniens (Latin for ‘inconvenient/inappropriate forum’) and the Australian tests used to determine whether a court should assume jurisdiction. Instituting Proceedings in the Supreme Court To commence civil proceedings the plaintiff must institute proceedings against the defendant, by way of complying with the relevant sections...

The Risks Inherent to Litigation, and How to Avoid Protracted Litigious Proceedings

Private Investigators in Criminal Matters

Case Study – Residential Tenancy Disputes

Dispute Resolution: 4 Key Factors to Consider when Assessing Whether You Need a Lawyer

Case Summary – Strike Out Application and Appeal

Potential hazards of being a ‘FinFluencer’

Duty to Prevent Insolvent Trading Under the Corporations Act

Duty to Disclose Material Personal Interest Under the Corporations Act

Breach of Common Director Duties under the Corporations Act

The Inappropriate Forum Test: Does the Court have Appropriate Jurisdiction to Hear my Matter?

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