Litigation & Dispute Resolution

Henry Davis York's Litigation & Dispute Resolution team is a full-service litigation practice that delivers clear, concise and commercial advice in all forms of litigation and alternative dispute resolution.

Our team has experience across a wide range of litigious matters. This enables us to successfully navigate all disputes, no matter how large or small, complex or routine. We understand every dispute is unique and litigation can be unpredictable.  We partner with our clients to turn volatility into stability and achieve the best possible commercial, legal and reputational outcomes.

We act in Australia's largest and most complex commercial disputes, for plaintiffs or defendants. Our work includes disputes about contract law, tort, equitable remedies, intellectual property, misleading or deceptive conduct, trade practices, telecommunications, the Corporations Act, oppression of shareholders and competition law. Our market-leading experts represent individuals and organisations in the corporate, financial services and government sectors.

We have played a key role in some of the country's most important and sensitive regulatory investigations and related proceedings, including those concerning civil penalties. We regularly appear in investigations and proceedings commenced by ASIC, ACCC, APRA and the ATO, acting both for and against the regulator. Our work includes advice concerning continuous disclosure requirements, false and misleading statements, directors' duties, falsification of records, insider trading and market manipulation.

Jason Munstermann

Jason fixes things. Big and small. Of any kind.

An extremely approachable firm that makes its clients feel valued, does not over-work issues and delivers on time and on budget.

Our Top Independent Endorsements

Chambers Asia-Pacific
  • Chambers Asia-Pacific
  • Dispute Resolution
  • 2017, 2016, 2015, 2014, 2013, 2012
The Legal 500 Asia Pacific
  • The Legal 500 Asia Pacific
  • Dispute Resolution
  • 2017, 2016, 2014, 2013, 2012

Our Top Litigation & Dispute Resolution Insights

ICAC triumvirate to herald greater procedural fairness and transparency

  • 18 Nov 2016

In efforts to restructure the Independent Commission Against Corruption (ICAC), the Independent Commission Against Corruption Amendment Bill 2016 passed through the lower house and upper house of t...

ASIC releases regulatory guidance for digital advisers - what you need to know

  • 01 Sep 2016

On 30 August 2016 ASIC released Regulatory Guide 255: Providing digital financial product advice to retail clients. This new guidance helps digital advice providers with some of the operational iss...

Queensland business at greater risk of class actions

  • 15 Aug 2016

On 16 August 2016, the Queensland Government introduced a Bill to parliament to allow class action proceedings in Queensland. The move revives a Bill prepared by the Newman Government in 201...

Our Litigation & Dispute Resolution Experience

Commonwealth of Australia

Represented the Commonwealth in all aspects of the successful outcome of a complex and high value claim brought by Optus and OPEL. The claim arose from a contract to build large scale telecommunications infrastructure to provide broadband services across Australia. The matter involved intricate factual questions about telecommunications infrastructure, and novel and complex legal arguments including the limits of contractual discretions conferred on the Commonwealth.

Administrator of Greyhound Racing NSW

Advising on the overturned industry scheduled shut down (by 1 July 2017), including assisting in the creation of new legislation, terms of reference and regulatory oversight, and assisting the Administrator to keep the industry functioning on a day to day basis.

Major financial institutions and their officers

We represent a number of individuals, including senior officers, from 3 major Australian Banks on the high profile investigations and proceedings brought by ASIC into the trading and operation of the BBSW (bank bill swap reference rate).

Major class action

Defending Volkswagen AG, AUDI AG, Skoda Auto a.s. and their Australian subsidiaries Volkswagen Group Australia and Audi Australia in five overlapping class actions in the Federal Court of Australia arising out of diesel emissions.