Litigation Services

Commercial litigation is the process of using the court system to resolve disputes attributed through commercial activities.

There are a broad range of disputes that fall under the banner of Commercial; including disputes over contracts, employment, intellectual property and more.

Litigation Services

Diamond Conway specialise in the many varied areas of Commercial Litigation, please feel free to read through our many services inside the headings below.

Commercial Litigation
  • Acting in disputes involving contractual terms and recovery, and in defence of same.
  • Advising and acting in disputes over Trade Practices or Fair Trading Act claims.
  • Guarantees, Mortgages or Lease disputes.
  • Debt recovery, including insolvency and bankruptcy advice.
  • Conciliation/Arbitration disputes.
  • Mediation.
Insurance Litigation
  • Advising on Insurance Contracts Act interpretation and application.
  • Advising and acting on interpretation and dispute relating to Policies of Insurance, or claims under the policy.
  • Acting in respect of claims against the Insurer in respect of fire loss or burglary.
  • Mediation and negotiations of disputes.
  • We have over 25 years experience in this field, having acted for and against Insurance Companies in similar disputes.

Joint Ventures and Partnership Disputes
  • Advising and acting on Joint Venture and Partnership disputes, including taking proceedings in the Supreme Court Equity Division and seeking partnership accounts.
  • Negotiating resolution of disputes in this are can be complex and expensive. We endeavour to provide practical advice and speedy resolution of disputes.
  • If litigation is required, we endeavour to provide a comprehensive service, including retaining appropriate accounting and business advisors.
Personal Injury Litigation
  • Supreme or District Court actions for personal injury by Accredited Specialists, including public liability, product liability and professional negligence claims against the medical or dental professions, valuers, accountants, auditors or other professionals.
  • Workers Compensation claims.
  • Advice in respect of claims for negligence.
  • Motor Accident claims, including CARS and MAS applications.
  • Advice under Civil Liability Act.
Property Acquisitions and Sale Disputes
  • Actions taken in respect of disputed real property conveyances, leases or options.
  • Disputes with Real Estate Agent's as to commission entitlements.
Testamentary Disputes
  • Advice in respect of Wills and Codicils.
  • Advice in respect of Family Provision Act disputes.
  • Investigations and advice on testamentary capacity.
  • Application for Guardianship or under Protected Estates Legislation.

To find out about or contact one of our lawyers, please feel free to click on the links below.

Peter Carkagis/PARTNER
Michael Mazzone/PARTNER
Michaela Money/PARTNER
John Stinson/PARTNER
Michael Tzirtzilakis/PARTNER
Vanessa Marquez-Vallejo/SENIOR ASSOCIATE
Krishneel Nath/ASSOCIATE
Matthew Hudspeth/SOLICITOR
Louise Bedson/CONSULTANT

Click here to meet all our Partners, Solicitors, Consultants and Associates

Release of Rights to Family Provision Claims
While an individual is free to leave their property as they see fit upon their death, Chapter 3 of the Succession Act 2006 (NSW) (‘the Act’) places a significant restriction on a testator’s testamentary freedom.
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Bad news for Developers and for home-buyers
The decision in Botany Bay City Council v Botany Development Pty Ltd (No 2) [2015] NSWLEC 55 On 9 April 2015, the Land and Environment Court of New South Wales handed down a decision which has negative implications for both developers and home buyers and which will potentially impact residential development projects across all of NSW.
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Enduring Powers of Attorney in NSW
What is a Power of Attorney? A power of attorney is a document empowering a person (or persons)(“the attorney”) to act on behalf of another person (“the principal”) with respect to the principal’s assets, debts and financial affairs. Powers of attorney can be:
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The High Court’s unfortunate analysis in Clark V Macourt
Let’s hope it’s not a seminal decision! The decision in Clark v Macourt is a terrific example of the idea that the High Court is right because it’s final, not final because it's right. The High Court has ruled that in quantifying the damage a person has suffered as a result of breach of contract, the actual loss suffered by the person is wholly and utterly irrelevant. Well the Court didn’t actually say that, but that is indeed the effect of the decision.
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Can a person be left out of a Will?
A look at some cases on estrangement Children of any age and other eligible persons (as defined under the Succession Act 2006) have the right to make a claim on an estate for provision (or more than they were left under the Will) for their maintenance, education and advancement in life. This is known as a family provision claim.
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The Short Lives Of Testamentary And Family Trusts
Trusts, which are colloquially known as “testamentary” or “family trusts” have one thing in common. That is that the Trustee can pick and choose from within a wide group of beneficiaries how to distribute the trust income and capital from time to time. This provides significant opportunity for a reduction of various taxes, protection from creditors and estate planning generally. However, unlike companies, such trusts cannot go on forever.
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457 Laws Get Tough!
On 27 June 2013 the Government’s proposed changes to the subclass 457 visa program set out in the Migration Amendment (Temporary Sponsored Visa) Bill 2013 passed through the Senate. The Bill is currently awaiting royal assent and it is likely that the changes will take effect as a matter of priority.
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Nomination Requirements and the Significant Investor Visa
The Significant Investor Visa arrangements require that applicants for the provisional 188 and subsequent 888 permanent residence visas have state nomination in place.
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The 5 Million Dollar Visa!
Got a Spare 5 Million? Buy your way into Australia Today! On 24 November the Minister for Immigration & Citizenship rolled out the Significant Investor Provisional-to-Permanent Visa arrangements under the new Business Innovation and Investor Stream.
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The National Business Name Register
Has your business registered its business name? ASIC is making life easier by cutting the red tape…
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Government to get tough on hiring of illegal workers
Immigration Minister Chris Bowen announced the federal government will introduce new laws next year to crack down on the hiring of illegal workers.
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Retailers and Manufacturers Beware!
New Warranty Rules Apply from 1 January 2012 - From 1 January 2012, new rules will govern the wording of warranties given by suppliers to consumers who purchase goods and services...
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Retention of Title
Radical Changes on the Horizon - Does your business have a ‘retention of title’ clause in its trading terms? The days when a supplier could invoke a retention of title clause in an ...
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A New Source of Director Liability
In a recent decision of the Supreme Court of Queensland, an often overlooked section of the Corporations Act (the “Act”) was invoked by a plaintiff to make a...
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