Commercial Disputes

Ranked in leading directories such as Chambers Global, Asia Pacific Legal 500 and PLC Which Lawyer? we are widely recognised as experts in commercial disputes as a leading dispute resolution firm.

Overview

Henry Davis York's commercial disputes experts have the depth of experience and skills to handle any forensic challenge, and the ability to think outside of the square to devise innovative solutions to efficiently manage the dispute process.

Trusted advisers

As trusted advisers to individuals, companies and government authorities, we appreciate that our clients' first priority is to manage and minimise risk when a commercial dispute arises.

We work closely with clients to adopt the most appropriate course of action and when litigation is unavoidable, we pursue it rigorously with a focus to achieve commercial outcomes quickly by getting to the core of the legal and commercial issues to avoid long and costly litigation for wherever possible.

Our approach

To ensure that costs are managed effectively, we carefully consider the resourcing of each matter and, in larger litigation matters, we typically use a linear team of a partner, supported by a senior associate and a junior lawyer or paralegal. Our small team focus sets us apart from our competitors.

Business continuity

We are conscious that litigation can be a costly distraction to our clients' core business in terms of actual legal spend and also in the diversion of precious management resources.

Wherever possible we have minimised the impact of litigation on our clients' businesses by:

  • limiting or avoiding the provision of discovery by our clients, by bringing forward the preparation of the client's evidence and using it to drive a successful commercial resolution of the claim
  • resolving disputes and claims by pushing them to early formal mediations and successfully managing the expectations of the other party to reach a commercial settlement
  • participating in informal settlement conferences which allow for contested evidential issues to be resolved and have led to commercial settlements on sensible terms
  • obtaining orders for security for costs and using that as leverage to resolve claims.

Expertise

When it comes to dispute resolution and 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.

We cover the full range of disputes that arise in a commercial context, including:

  • inquiries and investigations
  • boardroom and shareholder disputes 
  • contracts 
  • Corporations Act matters 
  • IP and IT disputes 
  • misleading or deceptive conduct 
  • negligence 
  • property 
  • recovery of fraudulently obtained goods and fraud risk management 
  • trusts.

Credentials

National Rugby League

Acted for each of the NRL Clubs in the National Rugby League v South Sydney Football Club proceedings which was one of the leading Trade Practices Act cases on exclusionary conduct.

Bond Street Custodians

Advisers to Bond Street Custodians (as a subsidiary of Macquarie Investment) on a claim for $16 million against Wellington Investment Management, the responsible entity for the MFS Wholesale Premium Income Fund (as it was previously known) alleging breach of its constitution for failing to redeem units. The matter is presently in the Federal Court of Australia.

Orient Capital

Advised Orient Capital (a subsidiary of Link Market Services) on a claim for breach of confidentiality against Billabong and various Thompson Reuters entities in the Supreme Court of NSW.

Vodafone

Provided litigation services to Vodafone for over ten years on various disputes.

Joint venture dispute

Advised a listed industrial property group in relation to a significant dispute with a joint venture partner, a listed logistics company. We were able to procure the agreement of the joint venture partner to refer the dispute for expert determination by a well respected former judge.

David Jones

Advised David Jones on proceedings it brought against one of its landlords.

Publications