Alternative Dispute Resolution

Whether an unlitigated dispute, a regulatory investigation, a statutory inquiry, an inquest, an enforcement action or court proceedings, we understand that disputes take on many forms and tailor our advice accordingly.

Overview

When it comes to resolving disputes including, through using litigation, Henry Davis York's experienced and trusted advisers understand that a holistic perspective and experienced, strategic guidance are essential to achieving the best outcomes.

We understand that there is no single 'right' way to deal with a dispute which can occur under differing circumstances.

Experts in our field

With one of the largest litigation practices in Sydney, more than half of Henry Davis York's 200 plus partners and lawyers practise in dispute resolution, regulatory investigations, statutory inquiries and litigation. To deliver a highly tailored, expertise-focused service, our litigators work with practice area expert lawyers across the firm.

Our approach

In delivering our services, we work collaboratively with our clients to resolve the dispute in line with their preferred approach to conflict management. We resource each matter appropriately and wherever possible work in small teams to enable our lawyers to gain a deeper understanding of our client and to be highly accessible to them. We aim to minimise the costs of disputes by negotiating early settlements whenever this achieves our clients' broader objectives.

Our approach is to ensure that the difficulties of becoming involved in contested proceedings are fully considered and appreciated by our clients. We do not engage in litigation unless our clients clearly understand the legal and commercial ramifications, and only if it is the best option to achieve the outcome desired by the client.

Our success

Central to our success in litigation work is the quality of our lawyers who are talented people with a commitment to client service and have a depth of legal skills and commercial judgment that are key to the Henry Davis York way of doing things.

Valued service

Clients value the way in which we conduct dispute resolution and litigation and appreciate our partner accessibility, strategic guidance, relationship driven outcomes and the respect by which we are regarded by the Courts, by corporate Australia and by the legal profession.

What the market says

"I wish to put on record the excellent work undertaken by... HDY. The lead up to and hearing itself developed numerous twists as the defendants produced manufactured documents in an attempt to throw us off and influence the court. Throughout it all HDY and counsel were prepared and able to swiftly and expertly deal with the issues and put the clear picture to the court. I would have no hesitation in utilising the services of HDY."
Banking client involved in 19 day Supreme Court trial

Expertise

Clients trust us to approach disputes with a holistic perspective. We provide experienced, strategic guidance and by thinking ahead, we develop tactical options tailored to achieving an outcome which meets clients' commercial, brand, policy and public relations objectives.

Our dispute resolution and litigation expertise includes:

  • alternative dispute resolution
  • banking disputes
  • commercial and contract disputes
  • commercial disputes
  • construction disputes
  • corporate and regulatory investigations and disputes
  • environment and planning disputes
  • general insurance, life insurance and re-insurance
  • insolvency disputes
  • IT, telecommunications and intellectual property disputes
  • public sector disputes and statutory inquiries
  • public sector litigation and statutory inquiries, including inquests;
  • property disputes
  • WorkCover disputes
  • workplace relations and OH&S disputes.

Credentials

James Hardie

Represented a former director of James Hardie in the landmark civil penalty proceedings commenced by ASIC.

Basis Capital Funds Management

Acted for redeemers in the Supreme Court of NSW proceedings concerning Basis Capital Funds Management's suspension of transactions as a result of involvement in the US subprime mortgage market.

Phuong Ngo judicial Inquiry

Acted for the NSW Police Force in the judicial inquiry into the conviction of Phuong Ngo for the murder of politician, John Newman.

RailCorp ICAC investigation

Represented RailCorp throughout one of ICAC's largest ever public inquiries which investigated allegations of fraud and corrupt conduct involving a number of RailCorp employees and contractors.

ABC Learning Centres

Lawyers for the receivers of ABC Learning Centres, including the successful application in the Federal Court for an unprecedented third extension of the convening period for the administration of the company despite considerable opposition from ABC's landlords.

Publications