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Commercial Litigation

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We have extensive experience in running large, complex, commercial disputes in a range of areas. Our litigation clients include public companies, high net worth individuals, financiers and accounting firms. Our focus is on strategy and results, not process. We drive outcomes and don’t just “churn fees”. We keep out of Court where we can but when we go to Court, we are known as robust litigators who fight hard and win.

 

We also don’t have a front end corporate or finance practice which makes us free from the commercial and legal conflicts that prevent full service law firms from fighting as hard as is sometimes needed. We have the big firm pedigree yet can and do act against large banks, insurance companies and corporates. William James is also a recommended firm in the Doyle’s Guide for Litigation as voted by industry peers.

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our experience

Our commercial litigation experience includes disputes regarding:

 

  • Shareholders, trusts and partnerships
  • Investor advocacy and hostile takeovers
  • Insolvency and recovery
  • Banking, finance and securities
  • Fraud
  • Regulatory and tax disputes
  • Construction and property
  • Negligent economic loss cases
  • Trade practices
  • Corporate governance
  • Intellectual property
  • Contractual

a sample of recent experience

Acting for director sued by ASIC for civil penalties arising from the alleged breaches of continuous disclosures obligations, director duties and misleading or deceptive conduct
Acting for a key defendant in 10 related Federal Court proceedings claiming in excess of USD $5 billion involving allegations of fraud, breach of authority and, misleading and deceptive conduct relating to the underwriting of multi jurisdiction securitised financial facilities.
Successfully defended a shareholder oppression claim for the majority shareholders of an airline including obtaining judgement with indemnity costs after a 6 week Victorian Supreme Court hearing.
Successfully acting in (7) sets of Supreme Court proceedings in resolving disputes arising from the sale of a mine, including resisting appeals to the Supreme Court, Court of Appeal.
Acting for joint venture owners in a dispute as to a $150 million EPC contract for the construction of a co-generation power plant, against numerous financiers and the head contractor, which included an urgent interlocutory application for injunctive relief as to finance terms.
Successfully obtaining a Court judgment for a fund manager against the largest Australian investment bank to compel the bank’s compliance with its contractual obligations.
Acting for directors operating a $900m turnover business and successfully resisting ASIC banning them from being directors. The case included appeals to the full Federal Court.
Defending a director in a $20 million claim by liquidators for various alleged breaches of the Corporations Act and director duties. After successfully resolving this civil dispute, William James are now defending the director in a landmark criminal prosecution which alleges breaches of the Corporations Act.

Looking for more? Browse our extensive commercial litigation experience here.

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