Commercial Litigation

Craddock Murray Neumann’s highly experienced litigators, including Partner Julian van Leer have acted in thousands of cases before all State and Federal Courts involving claims by and against private litigants, government departments, banks, insurance companies, liquidators, creditors, debtors, trustees and so on.

The team’s experience covers a wide range of matters and our lawyers’ commercial law/litigation knowledge and acumen allows them to provide business people with sound advice and able representation. Our litigators are aware of and actively manage the impact of a case   - including the exposure to risk and expense. We know how distracting litigation can be, and we know how important it is to plan action in consultation with you using your insights into your own position. 
 
Using our ISO-approved quality management systems we prepare thoroughly and report to you so that you are able to make sound judgements on your options and the implications for your business.
 
Our commercial litigation services include:
  • contract disputes
  • corporate management/breach of director’s duties issues
  • misleading and deceptive conduct litigation
  • building cases
  • enforcing (and resisting enforcement of) Deeds of Release, mortgages, guarantees, charges etc
  • enforcing judgments (writs, garnishees, examinations, instalment orders etc)
  • insolvency law - company winding up and bankruptcy proceedings, creditor’s meetings, proofs of debt, examinations of bankrupts and company officers, making and defending claims for “clawing back” assets, preferences, void dispositions and insolvent transactions
  • debt recovery actions
  • obtaining urgent Court orders to preserve assets - ”Mareva” Injunctions
  • Industrial Relations Act matters including re-writing unfair contracts
  • partnership and joint venture disputes
  • intellectual property disputes
  • litigation arising from government regulation/decisions by government departments. 
  • Court of Equity/Commercial List work including:
    • actions based on unfair contracts, undue influence, fraud, unconscionable conduct
    • enforcement and rectification of contracts
    • applications relating to the exercise of powers of sale by mortgagees
    • trusts implied by law (resulting and constructive trusts)
    • actions relating to the tracing of trust assets
    • dissolution of partnership proceedings
    • insurance disputes.
Further information
 
Contact Craddock Murray Neumann Lawyers on (02) 8268 4000 for friendly professional service.
What are the requirements to be a licenced credit provider?
Date: Aug 15, 2014

The recent introduction of the National Consumer Credit Protection Act 2009 and related National Credit Code, have increased the regulation of credit providers in Australia. If your business engages in credit activities for personal, household or domestic purposes such as directly providing credit, making related suggestions or acting as an intermediary between a lender and a consumer, then you will probably need an Australian credit license to carry on your business. The licenses are administered and enforced by the Australian Securities and Investments Commission (ASIC).

Director’s Duties – Duty not to trade whilst insolvent
Date: May 16, 2014

As a director of a company, you have many duties and obligations arising from common law and statute. It is important to be aware of these duties regardless of how large the company is or how much involvement you have in the company.

What duties do the company secretary and general counsel have? Implications of the James Hardie litigation
Date: May 14, 2014

Even if you are not a director of a company, you may still have to comply with the some of the same duties. Most of the statutory director’s duties also extend to ‘officers’ of the corporation, such as the company secretary. In Shafron v ASIC [2012] HCA 18 the High Court considered the scope of the duty for company officers, in particular those with a dual function which is not an officer.

Director’s Duties – Duty not to improperly use your position or information
Date: May 07, 2014

As a director of a company, you have many duties and obligations arising from common law and statute. It is important to be aware of these duties regardless of how large the company is or how much involvement you have in the company.

Director’s Duties – Duty to Avoid Conflicts of Interest
Date: May 05, 2014

As a director of a company, you have many duties and obligations arising from common law and statute. It is important to be aware of these duties regardless of how large the company is or the extent of your involvement in the company.

Director’s Duties – Duty of Care, Diligence and Skill
Date: May 01, 2014

As a director of a company, you have many duties and obligations arising from common law and statute. It is important to be aware of these duties regardless of how large the company is or the extent of your involvement in the company.

Director’s Duties – Duty of Good Faith
Date: Apr 30, 2014

As a director of a company, you have many duties and obligations to the company arising from common law and statute. It is important to be aware of these duties regardless of how large the company is or the extent of your involvement in the company.

LITIGATION - Frequently Asked Questions
Date: Dec 04, 2012

Deciding how to settle a dispute - Choosing a process - Commencing litigation - Pre-trial procedures - Discontinuance or withdrawal - Enforcement of judgments - Costs of Litigation - Time limits - Lawyers

Colleges, Registered Training Organisations (RTOs) and the Australian Skills Quality Authority
Date: May 29, 2012

On 30 June 2011 the Vocation Training and Accreditation Board (VETAB) which regulated the operation of Registered Training Organisations (RTOs) ceased operations and was replaced with a new national regulator – ASQA (the Australian Skills Quality Authority).

You do not have to be rude or violent to collect a debt
Date: Sep 19, 2011

People often think of debt collectors as professional bullies or “stand-over” men who break debtor’s arms to make them pay. Whilst these methods might occasionally be effective, they are usually highly illegal, and no self-respecting business would ever want to be associated with these sorts of tactics.

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