Problem Solved

Commercial Litigation and Dispute Resolution

Litigation should be a means to an end. Business loses when people let form prevail over substance and when process is seen as more important than results. That’s why our ultimate goal is to find our clients the very best solutions to their business problems— which usually also means finding them as quickly as possible.

Questions: Why does most business litigation take so long and cost so much? Why do most lawyers seem unable to do anything about it? Or, what’s worse, seem not to care at all? Answer: A dispute is a problem not a process. Lawyers must understand that business people want answers, not a war story.

Business is more complex today. Corporate and consumer legislation and regulation have massively increased and the pace of change is relentless. Technology constantly increases the volume and complexity of business communication. And the flood of data continues to grow exponentially. It’s our job to make all of this simple.

At Russells, we solve problems. Our clients need lawyers who understand that the relentless pursuit of a defined objective is critical. Business disputes need clarity; not a wander through a maze of regulation and court procedures.

Our clients are in business to make money. They need lawyers who understand that it is their job to end unproductive disputes as quickly and cost-effectively as possible. Business people rightly expect pro-active problem solvers.

Problems
Solved

  • The lead defence role in ASIC’s Storm Financial prosecution.

    Accounting, Financial Services, Corporate Governance
  • A $400 million claim in respect of the Transurban City Link tunnels (both Burnley and Domain).

    Accounting, Building and Construction, Professional Services (Engineering), Insurance, Banking and Finance
  • Acted for Wilmar Sugar Australia Limited in its successful defence of an action by cane growers seeking to sheet home to Wilmar Sugar Australia Limited liability for losses sustained by Queensland Sugar Limited in the 2010 season.  QSL had entered into substantial forward sales of the crop.  The court held that Wilmar bore no responsibility for those losses.

    Agriculture, Food Industry, Banking and Finance, Insolvency and Reconstruction
  • Advice to Tatts Group (NSW Lotteries) since the 1990s.

    Accounting, Gaming, Government Services
  • Acted for the subsidiaries of the James Hardie Group of companies in litigation both in Australia and the United Kingdom.

    Accounting, Actuarial, Corporate Governance, Risk Management, Professional Services, Insurance, Banking and Finance
  • Acted for QCoal against Macarthur Coal, preventing the farm-in of an unwanted partner in a major resources joint venture.

    Mining and Resources
  • Successfully prosecuted a landmark real estate agent’s commission claim to the High Court of Australia.

    Professional Services, Real Estate, Property
  • Defend claims in the financial services industry for national broking and wealth management firms.

    Accounting, Financial Services, Corporate Governance
  • Defend and prosecute shareholder oppression claims; recent success for Trojan Equity against CMI Ltd, Qld Supreme Court.

    Accounting, Automotive, Corporate Governance
  • Project Wickenby large case litigation. Donoghue v ATO, successful challenge to assessments; secured strategic advantage.

    Professional Services, Corporate Governance, Government Services
  • Acted for Wilmar Sugar Australia Limited in its successful acquisition of the Proserpine Sugar Milling Co-op from its administrators, including a Supreme Court order for the redemption of securities held by Westpac Bank, a prior financier.  The business was successfully restructured and integrated into the Wilmar International Group, with substantial flow on benefits for the local and broader economy.

    Agriculture, Food Industry, Banking and Finance, Insolvency and Reconstruction

Special Counsel Alan McKernan has more than 20 years’ experience in all aspects of commercial property including residential and commercial acquisitions and disposals, off the plan developments, acquisitions and disposals of hospitality and tourism businesses and child care centres, commercial and retail leasing, body corporate advice and disputes and management rights.

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Amanda Skoien is a Senior Associate in the firm’s Commercial Litigation division in Brisbane. She has more than 10 years of broad experience representing individuals and companies in a wide range of complex contractual and financial disputes and contentious insolvency and restructuring matters. Ms Skoien has practised in Australia and in the United Kingdom across a range of industry sectors including financial services, taxation, technology and life sciences, aviation, property and construction and retail.

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Andrew Sutherland leads the firm’s Commercial Litigation division in Sydney. He brings a wealth of experience and dedication to the table from over 30 years service to his clients.

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Ashley Tiplady is a Partner in the firm’s Commercial Litigation division, based in Queensland. He practises in corporate dispute and insolvency and is also recognised as an industry leader in complex taxation matters.

Ashley serves on the Firm’s Advisory Board.

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Special Counsel Ian Bisson is a commercial litigation solicitor with more than 20 years experience in complex litigation is a variety of industries including property, building and construction, professional negligence, agribusiness and product liability.

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Special Counsel Julian Walsh has over 20 years commercial litigation and dispute resolution experience.  He has conducted litigation throughout Australia and in the United Kingdom.  His experience includes insolvency matters, shareholder disputes, banking and finance disputes and intellectual property and information technology disputes.

View full profile Download Résumé

Malisa Craig is a Partner in the firm’s Commercial Litigation division, based in Queensland. She has particular expertise in insolvency litigation, representing banks, secured lenders and insolvency practitioners, as well as partnership disputes and resolving dysfunctional business relationships.

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Prof Mark Aronson is based in the firm’s Sydney office and consults to all of our lawyers and clients. He is recognised at the top of the professional and by members of the judiciary as one of Australia’s leading lawyers in government and administrative law; his experience and knowledge are particularly valuable to our business clients in dealings (and disputes) with government.

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Special Counsel Michael Miller is a lawyer in the firm’s Commercial Litigation division in Brisbane. He has deep experience in corporate and building and construction disputes, arbitrations and complex business litigation.

View full profile Download Résumé

Paul McCann has garnered a reputation as one of Australia’s best commercial litigators. Paul practises in the firm’s Sydney office and has incomparable experience in business litigation.

View full profile Download Résumé

Stephen Russell is Managing Partner of Russells, a Law Society accredited expert in commercial litigation and recognised in Doyles Guide as a leading lawyer in Commercial Litigation in Queensland.

Stephen serves on the Firm’s Advisory Board.

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Senior Associate Teneale Henderson practises in commercial litigation, acting for a broad range of clients in litigation matters involving contractual disputes, professional negligence and financial services. Her practice for many years included representing directors of a financial advisory company in litigation commenced against them by the Australian Securities and Investments Commission for breaches of their duties as directors under the Corporations Act 2001.

View full profile Download Résumé

Special Counsel Tim Sargeant is a litigation specialist. He has experience in corporate insolvency, Commissions of Inquiry (Federal and State), entertainment law, intellectual property, telecommunications and franchise disputes.

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Special Counsel Yuzo Araki has considerable experience in commercial litigation, dispute resolution, mediation and arbitration having practised in large national firms and inhouse for a Top 20 ASX listed company.  He also practises in all aspects of military law, including administrative inquiries, criminal and disciplinary proceedings in military tribunals and operations/public international law.

View full profile Download Résumé

Special Counsel Alan McKernan has more than 20 years’ experience in all aspects of commercial property including residential and commercial acquisitions and disposals, off the plan developments, acquisitions and disposals of hospitality and tourism businesses and child care centres, commercial and retail leasing, body corporate advice and disputes and management rights.

View full profile Download Résumé

Amanda Skoien is a Senior Associate in the firm’s Commercial Litigation division in Brisbane. She has more than 10 years of broad experience representing individuals and companies in a wide range of complex contractual and financial disputes and contentious insolvency and restructuring matters. Ms Skoien has practised in Australia and in the United Kingdom across a range of industry sectors including financial services, taxation, technology and life sciences, aviation, property and construction and retail.

View full profile Download Résumé

Andrew Sutherland leads the firm’s Commercial Litigation division in Sydney. He brings a wealth of experience and dedication to the table from over 30 years service to his clients.

View full profile Download Résumé

Ashley Tiplady is a Partner in the firm’s Commercial Litigation division, based in Queensland. He practises in corporate dispute and insolvency and is also recognised as an industry leader in complex taxation matters.

Ashley serves on the Firm’s Advisory Board.

View full profile Download Résumé

Special Counsel Ian Bisson is a commercial litigation solicitor with more than 20 years experience in complex litigation is a variety of industries including property, building and construction, professional negligence, agribusiness and product liability.

View full profile Download Résumé

Special Counsel Julian Walsh has over 20 years commercial litigation and dispute resolution experience.  He has conducted litigation throughout Australia and in the United Kingdom.  His experience includes insolvency matters, shareholder disputes, banking and finance disputes and intellectual property and information technology disputes.

View full profile Download Résumé

Malisa Craig is a Partner in the firm’s Commercial Litigation division, based in Queensland. She has particular expertise in insolvency litigation, representing banks, secured lenders and insolvency practitioners, as well as partnership disputes and resolving dysfunctional business relationships.

View full profile Download Résumé

Prof Mark Aronson is based in the firm’s Sydney office and consults to all of our lawyers and clients. He is recognised at the top of the professional and by members of the judiciary as one of Australia’s leading lawyers in government and administrative law; his experience and knowledge are particularly valuable to our business clients in dealings (and disputes) with government.

View full profile

Special Counsel Michael Miller is a lawyer in the firm’s Commercial Litigation division in Brisbane. He has deep experience in corporate and building and construction disputes, arbitrations and complex business litigation.

View full profile Download Résumé

Paul McCann has garnered a reputation as one of Australia’s best commercial litigators. Paul practises in the firm’s Sydney office and has incomparable experience in business litigation.

View full profile Download Résumé

Stephen Russell is Managing Partner of Russells, a Law Society accredited expert in commercial litigation and recognised in Doyles Guide as a leading lawyer in Commercial Litigation in Queensland.

Stephen serves on the Firm’s Advisory Board.

View full profile Download Résumé

Senior Associate Teneale Henderson practises in commercial litigation, acting for a broad range of clients in litigation matters involving contractual disputes, professional negligence and financial services. Her practice for many years included representing directors of a financial advisory company in litigation commenced against them by the Australian Securities and Investments Commission for breaches of their duties as directors under the Corporations Act 2001.

View full profile Download Résumé

Special Counsel Tim Sargeant is a litigation specialist. He has experience in corporate insolvency, Commissions of Inquiry (Federal and State), entertainment law, intellectual property, telecommunications and franchise disputes.

View full profile Download Résumé

Special Counsel Yuzo Araki has considerable experience in commercial litigation, dispute resolution, mediation and arbitration having practised in large national firms and inhouse for a Top 20 ASX listed company.  He also practises in all aspects of military law, including administrative inquiries, criminal and disciplinary proceedings in military tribunals and operations/public international law.

View full profile Download Résumé