Commercial Litigation

Litigation is a common feature of the commercial landscape. When a dispute arises, we aim to resolve the matter in the most cost efficient and effective manner. We explore pre-litigation intervention strategies, but, where necessary, we are well placed to take decisive court action.

We promote a commercially minded approach to dispute resolution and act in mediations, arbitrations and other alternative dispute resolution proceedings, as well as in litigation proceedings.  Case strategy begins with identifying our client’s commercial objectives which are then used as a performance indicator during the retainer.

We gear our strategies to our clients’ business and long-term objectives with a focus on delivering timely, cost effective commercial outcomes.  We constantly assess the direction of the dispute resolution process against those objectives.

The litigation team at MPH regularly acts in large-scale, multi-party and complex litigation in the Federal Court of Australia, the Supreme and District Courts of Western Australia as well as the superior interstate courts.   The cases we act on frequently involve novel legal and factual issues and require creative strategies to achieve client objectives.

We act in mediations, arbitrations and other alternative dispute resolution proceedings.

Our areas of expertise include:

  • Construction, engineering and mining disputes
  • Contractual disputes and interpretation
  • Corporations Act matters
  • Debt recovery
  • Enforcement of securities
  • Inheritance and deceased estate disputes
  • Insurance
  • Shareholder and partnership disputes
  • Professional negligence
  • Trusts and equity
  • Trade practices
  • White collar crime
  • Workplace relations, termination of employment and anti-discrimination

Our recent experience includes:

  • Acting on behalf of the director of an unlisted public company in breach of director duty claims and cross claims against the company valued at almost $500 million.
  • Acting on behalf of the owners/directors of a large private business in relation to multi-million dollar claims by a former shareholder arising out of the sale of their shares to a high profile listed company.
  • Acting for one of several directors of a listed company in relation to multi-million dollar claims made by the deed administrators of the company to recover compensation or damages for breach of director duties.
  • Acting on various Estate disputes for Executors or beneficiaries including in court proceedings and mediations.
  • Acting for strata company in recovery of outstanding strata levies and execution against assets of defaulting owner.