Dispute meeting

Dispute Resolution

Russell Kennedy provides first-class dispute resolution and litigation advice across a range of commercial sectors. Our skilled lawyers guide clients through the court process with a focus on minimising legal costs and business disruption.

Our strong relationships with our clients mean that we understand their businesses and can provide tailored advice across sectors including government, property development, health, aged care and retirement living.

Commercial Disputes

We listen to our clients’ objectives and concerns before devising a strategy to meet their specific requirements. We aim to resolve disputes without the need for litigation or arbitration, however, if a dispute cannot be avoided, we offer practical and cost-effective legal advice.

Debt Recovery

Our thorough knowledge of court procedures and proven approach to process management allows us to manage large volumes of debt collection work including letters of demand, settlement negotiations, debt recovery, bankruptcy and winding up proceedings.

Insurance

We support our clients in disputes and provide advice to insurers and policyholders. Our insurance practice covers general, life, income and disability, professional indemnity, motor vehicle, personal injury, property damage, employer’s liability insurance and disputes with brokers. We also have extensive experience dealing with fraud-related insurance claims.

Leasing Disputes

We represent our clients in leasing disputes, mediations and litigation, providing tailored strategic advice regarding avoiding and resolving disputes.

Property

We act for companies and individuals in relation to a range of property disputes including those involving the enforcement of contracts of sale, the removal or maintenance of restrictive covenants over titles, the removal of caveats and co-ownership issues. 

Financial Litigation

We advise clients on matters including insolvency, the conduct of banking and finance litigation, the enforcement of mortgage and other securities, the recovery of debts and the enforcement of judgments to maximise recovery for clients.

Russell Kennedy undertakes both secured and unsecured collections for a range of financial services clients, including one of Australia’s Big Four banks. 

Insolvency

Insolvency disputes often involve many parties competing for a diminishing pool of assets or funds. We have significant experience advising clients about insolvency issues concerning bankruptcy, voluntary administration, receivership and liquidation and can prepare documents appointing receivers and voluntary administrators at short notice.

Building and Construction

We regularly act for a range of parties involved in disputes arising from construction, infrastructure and property development. Our advice covers litigation, arbitration and alternative dispute resolution.

Local Government

We work closely with councils and other government authorities seeking legal guidance for a variety of claims and potential claims. We provide clear, practical advice that allows our clients to make prudent decisions.

Competition Law

We can provide advice and preparation of formal and informal merger and acquisition clearances under ACCC guidelines. We also advise regarding restrictive trade practices and anti-competitive behaviour under the Competition & Consumer Act, including exclusive dealing, third line forcing, application of relevant competition tests, pricing and surcharging.

Consumer Protection Law

We can vet advertising material for consumer law compliance, and provide advice in relation to unconscionable, misleading and deceptive conduct. We support our clients with misrepresentation claims, product and service guarantees, limitation of liability, product safety and mandatory reporting, and defence of regulatory investigations by the ACCC and other consumer law regulators.

Public Law Litigation

We understand the nuances of representing government in litigious matters including the need to always act in a way that is consistent with the model litigant guidelines and reflects well on our government clients. We are experienced in explaining the complexity and context of government decision making to the court and managing the onerous obligations that attach to the state when a party to litigation. We are also in tune with the needs of internal stakeholders and the need to coordinate the response of the state across the various.

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