Litigation & Dispute Resolution

Restructuring a group of private companies and exploiting valuable IP.

We assisted our client – director/shareholder of a group of health sciences with international reach – to restructure for tax effectiveness and to efficiently protect and exploit valuable IP.

Closely following professional tax advice, we developed a structure that was able to quarantine past trading risk, minimise future legal and financial risk and introduce overall administrative efficiency.

Our work also included transfer/assignment of valuable IP holdings and introducing streamlined licensing arrangements.

In a later engagement, we also assisted this client with pre-contractual due diligence in relation to an international goods and services supply contract worth approximately $50 million.

Insurance coverage advice and declinature risk protection.

We assisted our client – whose workers accidentally caused a bushfire leading to greater than $20 million damage – to make an insurance claim and protect against declinature risk.

Work included providing policy coverage advice, obtaining a solvency opinion, quickly effecting an appropriate, legal restructure (closely following professional external tax advice), and arranging to appoint an external administrator.

This work preserved and protected the business at the same time as it opened the door for direct access between those people affected by the fire and the relevant insurer.

Ritchie v Advanced Plumbing and Drains Pty Ltd [2019] NSWSC 1028 (16 August 2019)

We acknowledge the Ngunnawal people as traditional custodians of the Australian Capital Territory and pay our respects to their Elders past, present and emerging.

Canberra is our home. We love this place with its beautiful distinct seasons, varying landscapes, strong sense of community, bustling urban streets and wide, open space.

Canberra is also Ngunnawal country.

Over many thousands of years, the Ngunnawal people have developed culture and connection to their Country, becoming expert custodians with extraordinary knowledge of environmental care and balance.

We look forward to meaningful and genuine legal recognition of all First Nations People.

Want to learn more? Here is a short list of further resources:

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Overview
Services
Our Process
Case Studies
Let's Talk

Services

Litigation & Dispute Resolution

We prevent and solve legal problems. We can help you decide when to hold, fold, walk and run.

Overview

Need Help?

“You’ve got to know when to hold ’em, know when to fold ’em, know when to walk away and know when to run.”

— Don Schlitz

Litigation means going to Court. Dispute resolution (or alternative dispute resolution, ADR) usually means ending a disagreement without going to Court. Examples include mediation, expert determination, and arbitration.

We all run into problems from time to time. While a spoon full of sugar will take you far, understanding your legal rights and risks is the true weapon.

A good litigation lawyer knows how to connect legal and commercial dots. She can identify and exploit leverage to advance your interests, and make you feel bold. Together, you will prevent and end legal disputes, so that you can move forward.

Services

Namadgi Legal’s litigation and dispute resolution services include:

Shareholders & Partners
We help business owners and partners resolve their differences. Sometimes this means going to Court. Other times, a difficult conversation, a negotiation, or a mediation. Always, our focus is the best possible solution as quickly as possible.

Contracts & Negligence
We enjoy reading fine print and arguing the toss. We also love making valid claims, defending bad ones, and outsmarting our opponents. When you move forward, we know our work has made a difference.

Property & Leasing
Trying to run a business, turn a profit or build a home is hard. Disagreements between tenants and landlords, builders and clients, cost money and cause delay. We can help you regain focus, control, and composure.

Strata
Special rules apply to strata units, and strata litigation is a niche area. We work with owners and owners’ corporations to prevent and resolve strata disputes.

Employment
We work with both employers and employees. This give us perspective and balance. We bring and defend many types of employment law claims. We also advise in related areas such as workplace investigations (including public service code of conduct complaints), and discrimination law.

Insurance
Sometimes insurers decline claims or require you to arrange separate legal representation. We can help you defend claims while insurance decisions are pending, navigate internal and external reviews, pursue insurers through Courts when coverage is declined, and more.

Consumer
We know exactly what to do when goods are faulty, or services are below the expected standard. We can help you understand your rights and remedies and take legal action or settle when you need to.

Liquidator & Trustee Claims
Liquidator and trustee claims are our special favourite. We can help you with many kinds of claims. For example, claims for payment of money, recovery or sale of assets and allegations of wrongdoing. Our knowledge and experience will add value.

Deceased Estates
Not all wills are created equal, and grief plus money can sometimes equal disaster. Settling disputes about wills and deceased estates can take time and patience. Court proceedings are stressful and expensive. We can help you make decisions and achieve real progress.

Equity
We might not own a magic wand, but we know about fairness, good conscious, and the vibe. We can help you ask a Court for relief when black letter law falls short.

Our Process

We’re here every step of the way. Here’s what you can expect.

Step One

Initial Consultation

A 1-hour meeting to fill us in on the basics and decide if we are the right solicitors for you.

Book a meeting

Step Two

Scope & Costs Disclosure

After your initial consultation, we will provide a scope of work and costs disclosure for you to approve.

Step Three

Work Begins

After you approve our costs disclosure, we will commence work.

Case Studies

View all

Major Claim: Defending a bushfire class action.

A class action was commenced against our client in the NSW Supreme Court in connection with a bushfire.

Disputed lottery win.

We assisted our client – the lucky winner of a $4.2million prize draw – to defend a claim by a third party to be joint winner.

Negotiating to restore shareholder relationships.

We assisted our client – a minority shareholder in two large Canberra-based private companies – to address concerns about management by the director/majority shareholder.

Services

Litigation & Dispute Resolution

We prevent and solve legal problems. We can help you decide when to hold, fold, walk and run.

Overview

Need Help?

“You’ve got to know when to hold ’em, know when to fold ’em, know when to walk away and know when to run.”

— Don Schlitz

Services

Our Process

We’re here every step of the way. Here’s what you can expect.

Book a meeting

Case Studies

Major Claim: Defending a bushfire class action.

Disputed lottery win.

Negotiating to restore shareholder relationships.

Let’s Talk

Need Help?

Get in touch with us to see how we can help you with Business & Corporations Law.