Disputes

We Help...

  • We will find the right path and right result for you, no matter your dispute.
  • Protect you, your brand, your business and your family.
  • Build a strong foundation to protect you and your business for now and the future.

We Understand...

  • Despite the best intentions, things don’t always go to plan.
  • Court isn’t always the answer. We will explore Alternative Dispute Resolution methods with you.
  • Prevention is better than a cure.

Speak to a Lawyer call 03 9890 332103 9890 3321

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We Do...

Contractual disputes

If you or the other party to a contract have a different understanding of what it may mean then it is imperative that you get advice from the start.

Disputes may arise from a contract or an agreement including:

  • Building contract;
  • Contract of sale or purchase of business;
  • Dispute over agent’s authority and commission;
  • Agreement to supply goods or services.

These agreements are not necessarily in the form of a written agreement. They may also be constituted by an oral agreement or sometimes an implied agreement.

If you or the other party to a contract have a different understanding of its implications, it is imperative that you seek legal advice from experienced business lawyers.


Shareholders' disputes

Whilst you may start in business with friends or family with the best intentions, things may not always go to plan.

Business owners often encounter issues with their business partners, co-directors or shareholders. Most businesses start with collaboration between friends or relatives who have a desire to work together and have shared goals of creating a successful venture. It is often the case that little attention is paid to what might happen if someone starts behaving in an unfair way to the other or if the personal relationship breaks down or goes sour.

Before you commence pursuing against your business partner, it is important that you understand your legal obligations and rights, whether as a director or shareholder and those of your business partner. The last resort in resolving the dispute will be to wind up the company, which is costly and time consuming. There are many alternatives to winding up which can be explored with your legal advisers.

In resolving shareholders' disputes, consideration should also be given to the relationship with third parties including landlords, suppliers and customers, licensing requirements, misappropriation of funds by a co-director and/or restraint of trade on the business partner.


Debt recovery

We have the experience and tools to manage an effective and cost efficient recovery of all debts, big or small.

Recovering debt can be a tricky task with many pitfalls, such as debtors evading payment or not having the means to pay. We have the experience and tools to assist creditors through the court system to facilitate an effective and cost efficient recovery for debts big or small.

Prevention is always better than cure. If you are thinking of entering into an agreement with someone from which you could suffer damage if the agreement is breached, it would be diligent to see us to get advice and assistance in drawing up the necessary paperwork to give you the required protection.


Property and building disputes

Nasty neighbours, disputes with estate agents, property arguments in a family breakdown? We’ve seen it all!

Property disputes can arise in many forms, whether that be a neighbour dispute, dividing property in a family law dispute, disputes with real estate agents, owners corporation disputes, water flow disputes, equitable interest claims or disputes between co-owners of property.

We are experienced in all facets of property disputes, including both commercial and residential issues.


Testator's Family Maintenance

Unfairly left out of a will?

If you believe that a person who has died had a responsibility to look after you in their will there is the potential to challenge it. A will can be contested if it is alleged:

  • That the will was incorrectly executed or tampered with;
  • That the will was executed under pressure from others;
  • That the will maker was incapable of making a will;
  • That the meaning of the will is unclear.

In addition, a person can make an application to the Supreme Court for a share (or an increased share) in an estate if they can show that the deceased had a responsibility to make adequate provision for their maintenance and support in their will and has failed to do so.

Contesting a will can be a complicated and difficult process, and strict timelines apply.


Intellectual property

Protecting your brand and intellectual property should be a priority for every business owner.

When assessing the value of your business, it is important to look beyond the physical assets and consider your intellectual property. Whether you are a sole trader or a large company, intellectual property is a valuable business asset. Protecting your intellectual property and your brand should be a priority for every business owner.

In Australia, intellectual property rights are protected by both legislation and common law. The trade mark, design and patent registration system is administered by IP Australia, a branch of the Federal Government. Other types of intellectual property, such as copyright, are protected by common law.

Intellectual property rights, such as trade marks, may be infringed. Your rights may be infringed if someone else represents to the consumer that their goods or services are those of yours and your business suffers damage as a result. Such an action is also called “passing off”. Passing off covers not only trade marks and names, but also other associated material such as slogans or images which customers use to associate with the business.


Alternative dispute resolution

Looking for a quick, efficient and cost effective end to your dispute?

There are many options available to assist with the early resolution of matters, whether that be by mediation, conciliation, facilitation, arbitration or expert determination.

It is often preferable for a client to retain control of the decision making process in their matter and to that end Alternative Dispute Resolution (ADR) is a valuable tool. While a court or tribunal will often implement a compulsory attempt at dispute resolution, Robinson Gill will always be looking for ways to quickly and efficiently resolve a matter whether that be through the court or tribunal procedures or independently.

Whether you wish to seek advice about implementing an ADR procedure or are looking for comprehensive legal advice on your dispute while considering the ADR options available, we can assist you.


Mediation

Negotiate a settlement to resolve your dispute in a fast and cost effective way.


Our Disputes Team

Lu Cheng

Accredited Specialist - Litigation

Sarah Grant

Family Law, Disputes

Tim Robinson

Accredited Specialist - Family Law & Commercial Litigation

Cecilia Wei

Family Law

Client Testimonials

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We can help

Our team of lawyers provide expert advice, with most holding Law Institute of Victoria Specialist Accreditation in the areas of Family Law, Personal Injury Law and/or Commercial Litigation.

  • All initial consultations are obligation free.
  • At Robinson Gill Lawyers you speak to a lawyer.
  • Call us to help you 03 9890 332103 9890 3321 or 1800 745 3421800 745 342.
  • Fax us 03 9898 426603 9898 4266.
  • Send us an enquiry.
  • In two convenient locations:
    701 Station Street, Box Hill (Head Office)
    Level 40/140 William Street, Melbourne
Speak to a Lawyer call
03 9890 332103 9890 3321
Injury. Family. Property. Disputes. Wills. Business.