Litigation

We have proven expertise in acting in complex and straight forward commercial and civil litigation cases in all courts for 25 years. Our lawyers and law clerks work closely with our selected commercial barristers and work that can be done at lower hourly rates is always done at those rates. People can call us any time and speak directly to Marcus Ahern or one of our other lawyers about how we handle our litigation matters.

We have acted for businesses and companies of all sizes in commercial and contract disputes in all courts in Perth and Western Australia for 25 years. We also act for individuals with litigation requirements either as Plaintiffs or in defending litigation in Western Australia.

We provide top tier services and top tier experience at substantially better rates to those of our competitors and we provide fixed fee costs wherever possible for all of our matters.

We provide fixed price same day quotes and commit to a fixed 7 day turnaround for all commercial work. For litigation, our lawyers and law clerks work closely with selected commercial barristers and we also we provide alternative fee structures including fixed fees paid by instalments.

We have also represented National Australia Bank, Bank of Queensland, United Credit Union and Bank of Melbourne in litigation in the Supreme Court and the Federal Court, at the same time as handling smaller cases in the District Court and Magistrates Court for a full range of clients.

Alternative Dispute Resolution

For information on Alternative Dispute Resolution see here.

Fixed Fees

We can act for parties in commercial and civil litigation cases in the Federal Court, Supreme Court, District Court and Magistrates Court in Western Australia on the basis of a fixed, affordable, fee paid monthly as opposed to charging an hourly rate. If we are engaged on that basis you can pay a set fee, often at a discounted rate, in return for us remaining on the record as acting for you in the action for a fixed period. During that fixed period we will represent you and deal with whatever matters arise in the litigation during that time, including all court appearances and drafting of all court documents.

For more information regarding our fixed fees click here.

We handle all civil and commercial litigation matters involving:

• All Contract disputes;
• Construction and mining contract disputes;
• Securities/loan agreement enforcement;
• Building disputes;
• Landlords and tenants;
• Customers and suppliers;
• Shareholders and directors:
  • Disputes between directors and shareholders
  • Breach of director’s duties
  • Fraud
  • Failure to provide financial, accounting and statutory information
  • Breaches of shareholder agreements
• Business partners:
  • Partnership issues and disputes
  • Alternative methods of dispute resolution
  • Dissolution of partnerships
  • Division of assets
• Disputes over Trusts
• Business Trust Disputes – If you are a trustee or a beneficiary under a trust with a legal issue you need advice and guidance from a Perth Lawyer experienced in all the methods of achieving the best resolution of those issues. Often family members are involved.
• Misuse of Business Property – Claims against employees and shareholders for misusing business property, trade secrets, client lists, tender information and systems.
• Employers and employees;
• Franchisees and Franchisors;
• Disputes between business owners:
  • Over use of business names
  • Disputes over clients
  • Family trust disputes.

We provide advice and strategies on how to obtain the best financial outcome in litigation and contract dispute matters.

We have a strong reputation for using a pragmatic approach to achieve successful outcomes in complex commercial cases.

We advise on strategies that can be employed to resolve disputes without recourse to legal proceedings where possible. This may result in a quicker and more cost effective outcome.

We assess and provide advice on:

• The strengths and weaknesses of your claims and any potential counterclaims of the other party;
• Quantification of your claims and any potential counterclaims of the other party;
• Prospects of success of each party if legal proceedings are commenced or in defending court actions;
• The estimated legal costs and time to resolve if legal proceedings are commenced;
• Alternative dispute resolution processes that may minimize the costs of the dispute and/or provide a speedier resolution, such as contractual dispute resolution processes, adjudications under the Construction Contracts Act 2004 (WA) or complaints to the Financial Ombudsman Service;
• Litigation in all State and Federal Courts including the Family Court of Western Australia;
• Complaints lodged in various State and Federal Tribunals such as the State Administrative Tribunal and the Administrative Appeals Tribunal;
• Negotiation of settlements of proceedings before or after commencement of litigation in any jurisdiction; and
• Drafting binding deeds of settlement and deeds of confidentiality to ensure that the client’s rights are protected upon full and final settlement of disputes.

If you require legal advice in relation to dispute resolution processes, please do not hesitate to contact us to arrange a meeting so that we may consider your specific circumstances.