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
  • Kids Academy Hope Island Pty Ltd v KA Estates Pty Ltd: Successful defence, for the lessor and owner, of a dispute under commercial lease of Australia’s largest licensed child care centre. The tenant and operator alleged the existence of an oral joint venture that took precedence over the written terms of a registered lease; and also claimed joint ownership and operating rights of both the business and the real estate.  The issues involved recovery of possession of land and arrears of rent; and, by the tenant, claims for joint ownership, an account of profits, estoppel by convention, equitable estoppel, and breach of fiduciary duties.

    Real Estate, Child Care
  • LM Investment Management Ltd (receiver apptd) (in liq) -v- Drake & Ors: Successfully opposed an application for judicial advice made by the applicant receiver. The receiver sought advice that it was proper to commence an appeal of litigation conducted as a court appointed receiver of an investment fund against the fund’s directors. Successfully opposed the application for judicial advice on the basis that the receiver had failed to identify whether there were reasonable prospects of success on appeal and whether an appeal was in the best interests of the beneficiary members.

    Insolvency and Restructuring, Equity and Trusts
  • Acted for one of Australia’s leading medical specialists who succeeded in challenging the conduct of the Commonwealth Director of Professional Services Review under the Health Insurance Act 1973 (Cth) in failing to take into account his submissions before setting up a Committee under section 93 of the Act. The Federal Court of Australia declared that the decision of the Director was void and of no effect; and issued certiorari to quash the decision of the Director. This decision supports widespread concerns in the medical profession as to the conduct of this Agency.

    Government and Administrative Law, Professions, Insurance and Risk Management

Adam Khan is a Senior Associate in the firm’s Commercial Litigation division. He has practised for over 10 years in a wide range of complex commercial disputes.

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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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Malisa Craig is a Partner in the firm’s Commercial Disputes division. 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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Millie Russell is a Partner in the firm’s Commercial Disputes division. She has practised for over 10 years in a wide range of complex commercial disputes.

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Stephen Russell is Managing Partner of Russells, a Law Society accredited expert in commercial litigation and recognised in Doyles Guide as a leading Litigation & Dispute Resolution lawyer and a recommended Insolvency & Restructuring lawyer in Queensland.

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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.

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Tim Russell is a Senior Associate with over six years experience acting for a broad range of clients in multiple areas including contractual disputes, commercial property disputes, shareholder disputes, partnership law, professional negligence, insolvency and corporations law matters.

View full profile Download Résumé

Adam Khan is a Senior Associate in the firm’s Commercial Litigation division. He has practised for over 10 years in a wide range of complex commercial disputes.

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

Malisa Craig is a Partner in the firm’s Commercial Disputes division. 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

Millie Russell is a Partner in the firm’s Commercial Disputes division. She has practised for over 10 years in a wide range of complex commercial disputes.

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 Litigation & Dispute Resolution lawyer and a recommended Insolvency & Restructuring lawyer in Queensland.

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

Tim Russell is a Senior Associate with over six years experience acting for a broad range of clients in multiple areas including contractual disputes, commercial property disputes, shareholder disputes, partnership law, professional negligence, insolvency and corporations law matters.

View full profile Download Résumé