Commercial Litigation & Dispute Resolution

McKenzie Lawyers are experienced in all kinds of commercial disputes and use the following techniques to end disputes and achieve the best outcome for you:

• Strategic use of court proceedings to enforce your rights or protect your assets
• Negotiation strategies to end disputes quickly and cost effectively
• Knowledge of legislation and rules to give you the tactical advantage
• Sensible advice on asset protection and legal cost recovery strategies to minimise the downside of any battle
• Properly advised and decisive action is nearly always the key to a positive outcome in a dispute.

For more information regarding our specialist area of practice please click here.

Expert advice is critical for you to enforce or escape a contract. Whether written, verbal or implied contracts often have unclear terms which cause disputes between involved parties.

Contractual disputes can quickly turn into protracted, costly and unpleasant litigation. They generally do long-term damage to the relationships of all involved and add to the overall costs of the contract.

Contractual disputes need speedy resolution so parties can move forward. When enforcing or avoiding contractual obligations, knowing where you stand is essential. Where a contract is enforceable or its terms are uncertain our expert advice enables you to make informed decisions on your options. Our wide contractual litigation experience ensures you prompt and effective outcomes.

This extensive experience was built by acting for clients such as small and medium business, listed and unlisted companies, financiers, national product suppliers and engineering companies, partnerships, joint venturers, developers, Councils and other government entities and individuals.

We have successfully assisted our clients in dealing a broad range of contractual dispute and enforcement matters including:

• Business contracts and commercial agreements
• Mortgages, securities, guarantees and other financial instruments
• Partnership and shareholder agreements
• Insurance contracts
• Australian Competition & Consumer Act (previously known as Trade Practices Act)
• Joint venture and development arrangements.

Since its introduction in 1974, the Trade Practices Act had a profound impact on how companies conducted their business. Effective 1 January 2011, the Trade Practices Act was amended to be re-named the Competition and Consumer Act 2010 (CCA) and which now includes a single national consumer protection regime named the Australian Consumer Law (ACL). Compliance with the CCA and the ACL is a critical issue for businesses.

McKenzie Lawyers has the expertise in representing business owners in defending a CCA claim and consumers seeking to understand their rights under the TPA.

In addition to our extensive debt recovery practice we also provide expert advice to people and organisations regarding bankruptcy and insolvency. We have significant experience in this field of law and have acted in numerous matters for debtors and for creditors.

Some of the services that we provide includes:

• company winding up
• bankruptcy
• post-liquidation/bankruptcy actions e.g. creditor’s meetings, voting, proofs of debt, examination of bankrupts and company officers
• making and defending claims for “clawing back” assets, preferences, void dispositions and insolvent transactions ASIC investigations
• recovery of assets
• setting aside voidable transactions
• acting for liquidators and trustees in relation to examinations of directors and bankrupts