Restructuring and disputes
Dispute advisory and resolution
We help clients understand their position early, resolve disputes commercially where they can, and prepare properly where they cannot.
Overview
Most commercial disputes are better resolved early, and on terms the parties can live with. We advise clients on their rights and obligations when a commercial, shareholder, franchise, procurement or regulatory dispute arises, assess the risks and likely outcomes, and develop a strategy for resolving the matter.
Our work is advisory. We assess claims and defences, prepare letters of demand, notices and written representations, lead and support settlement negotiations, and help clients prepare for mediation and arbitration. We do not conduct litigation in court. Where court proceedings become necessary, we help the client prepare and brief the admitted practitioners who will conduct them.
Because we draft and negotiate contracts every day, we often help clients avoid disputes altogether, by identifying risk in the agreement before it becomes a claim.
Services
What the work involves
Early assessment
We review the contracts, correspondence and facts, and give a clear view of the client's rights, the strength of the claim or defence, and the realistic options. An early, objective view of the position often changes the course of a dispute and saves considerable cost.
Claims strategy
We formulate a strategy for pursuing or defending a claim, including the remedies available, the sequence of steps, and the commercial considerations that should shape the approach. We keep the strategy under review as the matter develops and as new information becomes available.
Letters of demand, notices and representations
We prepare letters of demand, breach and termination notices and written representations to counterparties, regulators and investigative bodies. Well-prepared correspondence sets out the client's position clearly and often resolves the matter before it escalates.
Negotiation and settlement
We lead and support settlement negotiations and prepare settlement agreements that bring disputes to a clear and final end. We make sure that the settlement terms are clear, enforceable and deal with every aspect of the dispute.
Arbitration and mediation support
We help clients prepare for mediation and arbitration, including the assembly of documents, statements and submissions. We also advise on the drafting of arbitration and mediation clauses, so that future disputes can be resolved efficiently.
Procurement and tender decisions
We advise bidders on procurement decisions, including whether a decision may be open to review and the preparation of the factual and legal groundwork. We advise on the time limits and concrete steps involved, and on whether a commercial resolution may be available.
Regulatory and ombud processes
We advise on and help clients respond to regulatory, industry body and ombud processes, including the preparation of submissions. We help clients engage with regulators and ombuds constructively, with a clear account of the facts and their position.
Who we work with
Businesses and individuals facing a commercial, shareholder, procurement or regulatory dispute, or concerned that one may arise.
How we work
Commercial outcomes
We focus on the result the client needs, which is often a negotiated one.
Honest assessment
We tell clients plainly where their position is strong and where it is not.
Clear boundaries
We are clear about our role. We do not appear in court, and we say so at the outset.
Common questions
Can you represent us in court?
No. Our work is advisory and transactional. Where court proceedings are needed, we help you prepare and brief the admitted practitioners who will conduct them.
Technically sound. Commercially minded.
Advice that begins with technical precision and extends to the commercial and strategic judgement that founders, owners and executives rely on.