Litigation and Dispute Resolution

Our firm’s Commercial Dispute Resolution Group is dedicated to positive outcomes for our clients.

Our lawyers understand the dispute process from a client’s commercial position and also from that of the authorities, courts and other parties involved in a dispute.  Our team is experienced in providing high quality advice with a flexible approach to dispute resolution.  We effectively guide our clients through the dispute resolution process, including handling court litigation, arbitration, expert determination and mediation.

Our particular areas of practice include:

Banking Litigation and Security Enforcement

At Broadley Rees Hogan, our lawyers understand the importance of our client’s strategic objectives and goals about financial transactions.  This attitude and many years of experience in advising lenders and borrowers, in straightforward or complex financial matters, allows us to find the solutions our clients need.  We are skilled at acting both for and against financial institutions in matters involving registered and unregistered securities.  Our lawyers have the experience to deal with the most complex litigious disputes and provide practical and reliable solutions to meet our client’s commercial needs.  We advise about a range of security issues, including:

• Enforcement of all forms of security including registered mortgages, charges and chattel securities.
• Recovery of assets.
• Disputes between financial institutions and customers.
• Disputes over guarantees.

Contract Disputes

At Broadley Rees Hogan we recognise that the common contract is the foundation stone upon which the commercial world is built.  The integrity of a contract is critical to the parties’ commercial endeavours and at Broadley Rees Hogan we have extensive experience in assisting clients with the resolution of contract disputes, including:

• Purchase and Sale Agreements.
• Development Agreements.
• Leasing Agreements.
• Partnership and Shareholder Issues.
• Motor Vehicle Contracts.

Consumer Disputes

The Competition and Consumer Act 2010 (Cth) has an enormous impact on the activities and conduct of companies in relation to their business.  Companies, their directors and executives must ensure compliance with the legislation.  The consequences of non-compliance are serious and effective compliance programs to ensure adherence to the legislation is an important requirement for businesses.  Beyond protecting companies, their directors and officers from the consequences of non-compliance, conformity with Competition and Consumer legislation assists in developing trust and confidence in customers, staff and the wider community.

Both the Competition and Consumer Act and State and Territory legislation enacting the Australian Consumer Laws contain serious penalties for breaches of the consumer protections. Broadley Rees Hogan represents consumers who have rights and legal options available to challenge the activities of companies or individuals who have unfairly traded with them.  We also advise businesses to ensure that they are not breaching any legislation.  Our full range of services include:

• Compliance programs;
• Consumer protection issues, including misleading and unconscionable conduct;
• ACCC investigations;
• Marketing and distribution;
• Franchising;
• Advertising and promotions; and
• Product liability.

Debt Recovery

At Broadley Rees Hogan we understand the critical significance of maintaining cash flow and provide our creditor clients with a suite of cost effective recovery options ranging from negotiated payment proposals to statutory demands for corporate debtors to litigation, including alternate dispute resolution where appropriate.

Defamation and Media

Broadley Rees Hogan is aware of the importance of an individual’s reputation and a corporation’s image in this competitive world of commercial endeavour.  We have experience in protecting our client’s most valuable asset, its reputation.  From pre-publication advice to pursuing retractions and damages for defamation Broadley Rees Hogan assists our clients with these sensitive matters.

Employment and Industrial Relations

At Broadley Rees Hogan we understand the impact workplace disputes can have upon an employer’s productivity and an employee’s personal progress.  Having acted for both employers and employees in workplace disputes, we have learned the value of a timely commercial outcome and to achieving this by the implementation of a resolution plan suited to the issues and the required outcomes.

Broadley Rees Hogan assists clients with disputes, including:

• responses to Workplace Health & Safety Act prosecutions;
• unfair dismissal proceedings;
• wrongful termination allegations at common law; and
• defending discrimination proceedings.

Insolvency and Reconstruction

In any economic environment, organisations will often experience insolvency issues.  Corporate collapse is a real risk in business.  Insolvency administrations may be multi-jurisdictional and lengthy.  To deal with the complexities, organisations need experienced, responsive advisors who are focused on achieving the right solutions.  Broadley Rees Hogan advises in all aspects of insolvency, having acted for major financial corporations, private clients, secured creditors and insolvency practitioners.  Broadley Rees Hogan is experienced in:

• Advising creditors on their rights and obligations;
• Minimising risk of insolvency;
• Voluntary administration and liquidation;
• Receivership;
• Corporate reconstruction and work outs;
• Asset restructuring and protection;
• Retention of title disputes;
• Breach of director’s duties and director penalty notice issues;
• Bankruptcies and personal work outs; and
• Insolvent trading and voidable transaction claims.

Insurance and Risk Management

Insurance is about risk and at Broadley Rees Hogan, we understand that your business insurance needs are what define the various levels of risk management.  We can provide assistance with developing indemnity clauses in contracts, joint venture agreements and deeds which will limit your potential risk and leave you feeling protected should a claim arise.  Our lawyers have provided advice in the Australian and International insurance industry for over 25 years.  We have advised major insurance companies, self insured organisations together with statutory authorities.

Broadley Rees Hogan advises its clients in respect to all insurance issues and particularly in respect to:

• Policy wording;
• Policy coverage;
• Excess/Self Insurance;
• Claims Procedure;
• Claims Management; and
• Indemnity Disputes.

Intellectual Property and Information Technology

These issues are relevant to any business in today’s commercial world.  They cover a diverse range of potential dispute areas including patent, copyright, trademark, licensing, branding issues and issues concerning the propriety of information technology.  Many of these areas are affected by trade practice laws also and have national and international ramifications.

Broadley Rees Hogan is able to identify relevant issues in conjunction with experts in specific technical fields to enable our clients to advance or protect their business and proprietary rights in an efficient, timely and productive way that will enable our clients to better focus on their business interests.

Joint Venture, Partnership & Shareholder Disputes

Disputes between partners, joint venture parties and shareholders are often highly destructive of value in an organisation or project.  Difference in views and direction can cause commercial objectives to be derailed.  Often the use of the legal framework is required for parties to reach a sensible commercial solution.

Our skilled lawyers can initially advise on legal rights and obligations.  More importantly, we obtain an understanding of the commercial context of the dispute in order to advise a strategic approach, dealing with the other parties and on resolution and exit strategies.

Broadley Rees Hogan is experienced in advising on corporate transactions and the shared expertise of our corporate and dispute resolution lawyers help to benefit our client’s interests.  We act in a wide range of shareholder, joint venture and commercial disputes, both if the parties wish to continue working together or when the relationship has terminated with unresolved issues.

Planning and Environment Court and Land Court

Our litigation team at Broadley Rees Hogan is experienced in appearances in the Planning and Environment Court for both applicants and respondents.  We strive to negotiate the best outcome for our clients and create strategic plans utilising all aspects of litigation or mediation for resolution of planning issues.

Property and Leasing Disputes

At Broadley Rees Hogan we are aware that in the buying, selling or leasing of property, disputes may arise during the course of a transaction which affect the completion of the transaction.  Where disputes arise it is important to explore all available options with the objective of preserving the working relationships of all involved and facilitating a speedy and cost effective outcome.

Where the transaction cannot be preserved, we have a team of experienced lawyers who have an understanding of property law and who can advise you in respect of all property dispute matters and particularly:

• Landlord and Tenant Disputes;
• Commercial and Residential Contract Disputes;
• Put and Call Options; and
• Body Corporate Disputes.

Tribunals

There is an extensive number of Tribunals and quasi-judicial entities in Queensland which are the initial forum for dealing with many disputes rather than the traditional Court environment.  These Tribunals, including the recently established Queensland Civil and Administrative Tribunal cover a diverse range of areas from building to employment and professional registration boards regulating the conduct of a variety of occupations for which formal registration is required.

At Broadley Rees Hogan Lawyers we are well equipped to represent, assist and guide those where a Tribunal or other relevant entity is the legal structure within which an issue falls for determination outside the traditional Court process.

Our People

Jon Broadley | Director
Stuart Rees | Managing Director
Angela O’Neill | Senior Associate
Kajol Kannan | Lawyer

For more information, please contact: