Bartley Cohen has vast expertise in a broad range of disputes and litigation (on behalf of plaintiffs and defendants) across an extensive range of industries, ranging from small disputes to those in the many millions of dollars. That includes in the following industries: property and town planning, construction and infrastructure, mining, health and medical, finance, legal, media, real estate, education, banking, manufacturing, government and professional services. We have a pre-eminent reputation for acting for legal practitioners in negligence claims and disciplinary matters.
See below a list of our areas of expertise. If you would like to discuss any of these with us, please do not hesitate to get in contact.
DIRECTORS AND OFFICERS CLAIMS
Company directors and officers have (increasingly so) significant and onerous responsibilities and obligations.
We have significant experience in acting for companies, directors and/or officers, in a wide range of industries, in the defence of all manner of claims that might affect their interests.
We represent and/or have represented a range of media interests including Seven Network, Nine Network, Ten Network/CBS, ABC, SBS and News Limited.
Services provided include: pre-publication / broadcast advice to publishers and broadcasters; libel reading; document and evidence access applications; and right to information appeals. We are able to prepare for and appear in urgent applications for media clients at very short notice.
Defamation claims are on the rise. That is, particularly so, with the advent and growth of the internet and social media and the increasing failure to self-censor.
Whether you are a media outlet, company or private individual, we are able to assist in the conduct and defence of defamation claims.
COMMISSIONS OF INQUIRY / ROYAL COMMISSIONS
Commissions of Inquiry and Royal Commissions are commenced to investigate and make public findings and recommendations about individuals, organisations and matters of public concern. They often involve matters of significant public interest and attention, and potentially have reputational issues for businesses and individuals.
We have assisted clients in a number of Commissions of Inquiry. We are able to assist and advise in respect of all forms of public inquiries.
DISCIPLINARY AND RELATED MATTERS FOR SOLICITORS
From time to time, solicitors are subject to complaints about their conduct (justified or otherwise).These can arise from a range of matters including: the conduct of their legal practice and matters related to it; conduct in their personal lives; matters relating to conduct in respect of trust accounts.
We have extensive experience and knowledge dealing with such matters and, more generally, with ethical and professional standards issues. Since inception, firm has acted on behalf of solicitors to represent and protect their interests.
PROFESSIONAL NEGLIGENCE / PROFESSIONAL LIABILITY – SOLICITORS
We have longstanding and significant experience in the conduct of all manner of claims concerning the conduct of solicitors across most practice areas. That includes: property and conveyancing; leases; wills and estates; personal injuries; personal costs orders; mortgages, loans and guarantees; defamation; building and construction; family law; commercial litigation; and commercial.
OTHER INSURANCE / PROFESSIONAL INDEMNITY
Since 2000, we have acted extensively for a variety of insurers and their insureds in the defence of claims.
That has included in claims concerning valuers, surveyors, medical professionals, pharmaceutical professionals, engineers, electricians, government employees and appointees, accountants, universities, directors & officers, travel insurance, personal injuries, public liability, construction risks and professional indemnity. It has significant experience acting in professional indemnity claims.
ALTERNATIVE DISPUTE RESOLUTION SERVICES
We regularly engage in all manner of alternative dispute resolution to assist clients in the resolution of disputes, whether prior to or after proceedings are commenced. This can be a sensible and cost effective approach, particularly given the time, costs and (often) emotion often involved with litigation.
We also offer services as an independent third party to assist in the achieving resolution of disputes. Several of our consultants are accredited mediators, and well-respected, senior and experienced legal practitioners.
Various State and Commonwealth legislation make it impermissible to engage in unlawful discrimination, sexual harassment, vilification and victimisation on various grounds and in various circumstances. A number of statutory bodies have been created at State or Commonwealth level to deal with such matters, including to investigate complaints and to seek to resolve them by way of conciliation. If resolution is not possible, it may then be possible to bring court proceedings.
We have acted in a number of such claims, both at initial complaint levels and in court proceedings.
FAMILY PROVISION AND ESTATE LITIGATION
Laws in various States of Australia, including Queensland, give certain individuals the ability to challenge how assets are to be distributed under a deceased’s person’s will even where a will was validly made.
There are short timeframes around making family provision applications. Notice should be given of the intention to file an application within 6 months of death. The necessary court proceedings must be commenced within 9 months of death.
We have acted in a number of significant estate and family provision matters for plaintiffs and defendants.
REFERRALS / CONFLICTS
Being a specialist commercial disputes and litigation practice, we are well-placed to assist solicitors who are unable to act for their clients in this area by reason of a conflict or because a particular matter is outside their scope of expertise.
We often receive referrals from other law firms, including top-tier and mid-tier firms and various senior members of the profession, who can be assured that their clients will be provided with an excellent and attentive service and assistance from experienced practitioners, and that no attempts will be made to interfere with existing client relationships.
OTHER COMMERCIAL DISPUTES AND LITIGATION
Commercial disputes are, by their nature, varied. But, at the crux of it, what clients require is experienced and strong representatives who will assist to identify and present their best case, the risks and potential costs, and who will work towards achieving their imperatives.
We act for both personal and business plaintiffs and defendants in most types of actions. That includes in actions for or against: ASX listed companies, banks, property developers, media outlets (print and visual), small and large business, government and senior members of government or statutory organisations, universities, mums and dads, company directors, members of the judiciary, professionals from all industries.