L A Warren Lawyers

Ph: +61 3 7067 6680

Litigation Practice Areas

Our Expertise

We are highly skilled in the conduct of litigation and the resolution of disputes.

The Supreme Court

Many of our clients’ commercial disputes are litigated in the Surpreme Court.

Federal Court

We litigate various disputes in the Federal Court including Australian Consumer Law claims including misleading and deceptive conduct, insolvency matters, taxation matters and certain employment matters.

The Magistrates Court

Commercial disputes with a financial limit of $100,000 are litigated in the Magistrates Court. Notwithstanding the smaller size of these claims, they are treated with the utmost seriousness by us.

County Court

We are experienced in litigating in the County Court, which can now hear claims of unlimited amount.

VCAT

We are experienced representing clients at VCAT (Victorian Civil and Administrative Tribunal), particularily in Building and Construction disputes, Retail Tenancy and Residential Tenancy disputes and a variety of other claims that fall within VCAT’s jurisdiction.

Our Litigation Areas of Expertise

 

Litigation

Please hover over the boxes below to see more information.

Building & Construction Litigation

Defending or Enforcing Claims regarding:

  • Builders and Owners in respect of
    • Incomplete or defective work
    • Disputed extension of time
    • Disputed Variation Claims
    • Disputed Contract Termination
  • Disputes between Contractors & Sub-Contractors
  • Security of Payment Act Claims
  • Insurance Claims
  • Claims against Architects
  • Review and Drafting of Building & Design Contracts
  • Advice on Building Finance Matters
  • Building Arbitrations
  • Enforcability of Security

Property Litigation

Bringing or Defending Claims Re:

  • To Specifically enforce or terminate Contracts of Sale
  • Disputes between owners and mortagees
  • Priority Disputes – securities (registered and unregistered)
  • Prevention Principle
  • Enforceability of Security
  • Disputes between Landlord and Tenant including; commercial, retail and residential leases.  Including Section 146 Notices.
  • Specialty Leases under various Acts
  • Owners corporation Disputes
  • Nuisance Disputes
  • Compulsory Acquisition of Property

Commercial Litigation

Providing advice on general commercial litigation matters including:

  • Contract disputes
  • Joint venture disputes
  • Insurance disputes regarding insurers denial of liability and refusal of business insurance claims
  • Sale of Business disputes

 

 

 

 

 

 

Corporation Litigation

Advice, Defence or Facilitation of claims regarding:

  • Oppressive Conduct against minority shareholders
  • Competition requirements under the Australian Consumer Law
  • Duties of Directors Obligations
  • Misleading & Deceptive Conduct
  • Conduct of Directors’ meetings in hostile corporate environment.

Defamation Litigation

Bringing cases of:

  • Corporate Defamation
  • Personal Defamation
  • Malicious Falsehood
  • Injurious Falsehood
  • Concerns Notices

Complex Litigation (including Class Actions)

Bringing or Opposing:

  • Class Actions
  • Complex Multi-Party Arbitrations
  • Complex Multi-Party Litigation

Council & Local Government Litigation

Bringing Claims for

 

  • Property Damage
  • Neglect
  • Nuisance

 

Taxation Disputes

Bringing Applications to

Challenging Tax Assessments Including:

  • Income Tax
  • Capital Gains Tax
  • Land Tax

 

URGENT Actions

URGENT Legal Advice for:

  • Injunctions
    • Interlocutory Injunctions
    • Interim Injunctions
    • Final Injunctions
    • Mereva Injuctions
    • Anton Piller Order
    • Proprietary Injunctions
  • Freezing Orders
  • Statutes of Limitations

Wills, Trust & Estates

Bringing or Defending Claims Re:

  • Declaration of existence of Trust
  • Beneficiaries rights under Trust

Negligence

Bringing or Opposing Claims of Negligence Against:

  • Solicitors
  • Barristers
  • Architects
  • Builders
  • Surveyors
  • Doctors

Professional Conduct Standards

Advice for professionals appearing before regulatory bodies:

  • Medical or Legal Professionals
    • AHPRA Matters
    • VCAT
  • Builders before the Building Appeals Board (BAB)

Advocacy

Personally appearing in all Jurisdictions including:

  • High Court
  • Supreme Court
  • Supreme Court (Court of Appeal)
  • Federal Court of Australia
  • County Court
  • Magistrates Court
  • VCAT
  • Mediation or Arbitration

both in Victoria and interstate.

Mediation & Arbitration

Conducts

  • Private and Judicial Mediations
  • Statutory Mediations at:
    • the DBDRV
    • Victorian Small Business Commission
  • Large and Small Arbitrations of Building disputes
  • Negotiated Separation of Business Interests

Special Costs Awards

Applications for and Defending:

Special cost awards including:

  • Indemnity Costs; and
  • 3rd Party Cost Orders

Constitutional & Administrative Law Disputes

Advice and litigation regarding cases of:

  • Compulsory Acquisition of property
  • Free trade between States
  • Applications under Freedom Of Information Act

Shareholder & Partners Disputes

Bringing or Opposing disputes between

  • Shareholders
    • Minority Shareholders
    • Majority Shareholders
  • Business Partners

 

Bankruptcy & Insolvency

Disputes Including:

  • Acting for liquidators, administrators, receivers, managers and trustees in bankruptcy
  • Insolvent Trading Advice
  • Preference Claims
  • Examinations
  • Sale of Assets

Litigation is our expertise

We are experts in litigation and resolving commercial disputes.  We help clients achieve a successful result in disputes involving a diverse array of areas including property, mortgages and securities, building and construction, commercial and residential leases, contracts, negligence, defamation, debt collection, insolvency and bankruptcy, directors’ duties, and professional conduct matters. 

We have acted for clients in the High Court, Federal Court, Federal Circuit Court, Supreme Court (including Court of Appeal), County Court, Magistrates Court and VCAT and in private arbitration.  We also have experience in a diverse array of mediation settings, including judicial and private mediation, DBDRV, and Victorian Small Business Commission.