Other Commercial Disputes and Litigation
Bartley Cohen acts in disputes and litigation, including the following types. Our experienced legal representatives are able to assist clients assess risks and costs, and strategise in order to facilitate the achievement of commercial imperatives.
Contractual disputes >
- Acting for a wealthy Chinese foreign national in two substantial Supreme Court proceedings alleging loans, constructive and resulting trusts, breaches of fiduciary duties, dishonesty and fraud.
- Acting for an ASX listed company in a fee dispute.
- Acting for the founder and former CEO of Oaks Hotels and Resorts Ltd and associated entities in a claim against Oaks and associated entities in relation to alleged wrongful termination of employment, and in response to a counterclaim concerning buyback rights. Claim in excess of $20 million. Pointon & Ors v Oaks Hotels & Resorts Limited & Ors [2016] QSC 152.
Australian Consumer Law litigation >
- Acting for the buyers of a multi-million dollar apartment affected by the 2011 floods to defend attempts to enforce the contract of sale, including allegations of misrepresentation and misleading and deceptive conduct.
- Acting in response to a claim for misleading and deceptive conduct in negotiations with respect to the purchase of certain land and business.
Commercial >
- Defending a top-tier Australian law firm in an $80 million+ claim for loss and damage concerning alleged lost business opportunities in the Australian wild meat industry. Judgment entered against the plaintiff without trial.
- Defending a $20+ million claim brought against the solicitors for a well-known Australian restaurant franchise involving a dispute between the franchisor and master franchisee, concerning matters of copyright and franchise termination rights, and alleging lost national and international business opportunities.
- Defending a claim concerning alleged negligent advice regarding the proposed purchase of a hotel in Darwin, including issues of planning approvals and guarantees;
- Defending a firm of solicitors in a claim for breach of contract, negligence and breach of fiduciary duty concerning alleged conflicts of interest and failures to advise on solvency issues, including knowing involvement in Corporations Act contraventions and receipt of preferential payments.
Regulatory >
- Advising and assisting a food manufacturer to respond to allegations by a competitor of misleading and deceptive conduct and breaches of the Australian and New Zealand Food Standards. Competitors did not proceed with the complaint.
Partnership disputes / Joint Venture disputes >
- Acting in a dispute between alleged partners of an IT credit support business regarding ownership and possession issues. Resolved without proceedings.
- Acting in a joint venture / shareholder dispute in connection with the operation of tourism businesses in Bali and on the Gold Coast. Combined business values in excess of $40 million.
Corporate and shareholder disputes >
- Acting in a Supreme Court of Queensland oppression proceeding involving company assets in excess of $15 million.
- Acting for a director and shareholder of an ASX listed company in proceedings involving claims for oppression, lack of good faith, breach of fiduciary duties, misleading and deceptive conduct, insider trading and other breaches of the Trade Practices Act and Corporations Act.
Intellectual Property and copyright disputes >
- Acting in a copyright dispute between a national real estate training organisation and a trainee in relation to the use of material in contravention of copyright.
Energy and Mining >
- Acting for a senior mining executive in a contractual claim for millions of dollars relating to bonuses allegedly earned but not paid by the company.
Construction and Infrastructure >
- Acting on behalf of the developer, and its director, of a significant land holding in northern New South Wales in a claim against 13 defendants (including local council, surveyors, town planners, engineers and land development consultants), alleging losses of $31+ million.
- Advising in a claim by a sub-contractor of a major construction company regarding unpaid labour and other costs and contractual non-compliance issues.
- Acting in a claim against a global law firm by a leading Australian private property development company for breach of contract, negligence, and misleading and deceptive conduct in relation to the drafting of a construction contract. Damages quantified at around $50 million.
Property, property development and planning >
- Acting in multiple claims concerning failed contracts arising from non-compliances with legislative requirements, other failures concerning contract preparation, or failure to effect property sales.
- Acting for a developer of a golf course in a claim for frustration.
- Acting for the Ipswich City Council in an appeal concerning the approval of a development of land in west Brisbane.
- Acting in a proceeding at trial and appellate level concerning easements and issues relating to planning schemes, subdivision approvals, and the operation and effect of the Integrated Planning Act.
Banking and enforcement >
- Acting for a property development company in a claim against Macquarie Bank for failed timely provision of loan funds and settlement of a loan. Claim $20+ million.
- Acting for a defendant guarantor in response to attempts by a bank to enforce a guarantee of around $72 million.
- Acting for borrowers and a guarantor in response to attempts by St George Bank and receivers to recover secured funds, including allegations that secured property was sold at undervalue.
- Acting in a claim responding to allegations that securities were obtained by fraud, raising issues of indefeasibility of title.