At Borrello Graham Lawyers, we understand that successful dispute resolution relies on focussed and proactive strategic advice, supported by decisive action implemented as quickly and cost efficiently as possible.
We work with our clients from an early stage to identify the most effective approach to a litigious or potentially litigious situation, including a consideration and assessment of both the formal and alternative dispute resolution processes that may be available.
Our dispute resolution team has a wealth of experience across all jurisdictions, as both solicitors and advocates. This allows us to offer our clients a full service litigation solution, which is particularly important in cases where briefing internal Counsel may be a client’s preferred course of action in the interests of efficiency and/or cost effectiveness.
We regularly act for clients in both the State and Federal jurisdictions in disputes across a range of areas including:
- Land Compensation
- Contested Estates
- Employment Law
- Insurance and Medico Legal
- Contractual/Commercial Disputes & Dispute Resolution
- Trade Practices Matters
- Corporations Act Matters
- Competition Law Disputes
Land compensation is one of the most complex, and often least understood, areas of law in Western Australia.
Our land compensation team, is well-versed in the processes and procedures under both the Land Administration Act 1997 (WA) and Planning and Development Act 2005 (WA) relating to compensation for compulsory acquisition and the reservation of private property for public purposes. The team have extensive experience in acting for dispossessed landowners, and has been and continues to be involved in some of the largest land compensation cases seen in the State.
Borrello Graham Lawyers regularly advises participants and stakeholders in the construction industry on all phases of construction projects, from design and planning, to contract negotiation, preparation, tendering and review, construction, contract close out, defects liability and maintenance periods and dispute resolution.
Some of the services that Borrello Graham Lawyers regularly provide clients in the pre-construction phase of projects include:
- Preparing and reviewing tenders
- Drafting, reviewing and negotiating contracts for consulting, construction, supply and design, whether bespoke or standard form
- Counselling clients on claims avoidance, risk allocation and management
During the construction, contract close out and defects liability and maintenance period phases of projects, contract administration and management issues may result in significant legal and financial consequences. Our experience is that avoiding these issues where possible, and otherwise handling them proactively as and when they arise, inevitably results in a more cost-effective and amicable resolution for all participants and stakeholders in the project. Our construction team has extensive experience in assisting clients at all levels of the contract chain to mitigate their risks and minimise their legal exposure.
Some of the services that Borrello Graham Lawyers regularly provides to clients in the development and construction field include:
- Assisting clients and clients’ agents in assessing and documenting problems and positions
- Claims preparation and analysis
- Providing advice on likely judicial interpretation of contract provisions and potential common law entitlements and obligations
- Negotiating progress and final claims, variations, extensions of time and other forms of contract adjustments
- Providing in-house and on-site training for personnel on the administration and management of contracts, the adjudication process and dispute resolution
When issues and disputes cannot be prevented or resolved through commercial negotiation, Borrello Graham Lawyers also provides pragmatic and cost-effective representation and advice in all forms of construction disputes, including:
- Contractual dispute resolution conferences
- Expert Determinations
- Adjudication applications under Security for Payment Legislation
Disputes concerning Wills and the administration of an estate can be complex and emotionally challenging for those affected. Our team has decades of specialised experience in assisting families or affected parties through these difficult cases including disputes about the validity of a Will, complaints regarding the conduct of executors or administrators in administering the estate and claims made against estates for variation of the Will or a greater share of the estate.
Borrello Graham Lawyers regularly act for both employers and employees under both the National and State systems in respect of employment disputes including allegations of unfair dismissal, denial of contractual entitlements, unlawful termination and contractual restraints.
The team have considerable experience in appearing in the Fair Work Commission, the Industrial Relations Commission and State and Federal Courts.
Insurance & Medico Legal
Borrello Graham Lawyers are able to offer advice in a number of insurance law and insurance legal dispute matters, including:
- Public liability insurance
- Employer liability
- Workers compensation
- Asbestos/industrial diseases
- Industrial risk
- Product liability
- Professional indemnity policies
- Review of insurance coverage
- Advice on indemnity and assistance in bringing or pursuing claims for indemnity
- Representation in claims for indemnity or prior to the appointment of an insurer’s legal representative
- Representation where indemnity is declined
Contractual/Commercial Disputes & Dispute Resolution
Our experienced team of lawyers act for clients in complex commercial matters across a broad range of industries and jurisdictions. We provide sophisticated, strategic advice to assist in the protection of our clients’ interests whilst reducing the occurrence of contractual and commercial disputes.
When commercial disputes do arise, our lawyers support clients in making early, informed assessments of risk, by identifying the key legal and commercial issues and working to find solutions to enforce contractual rights and/or to minimise contractual obligations in a cost effective, certain and timely manner.
As part of this process, and where appropriate, we seek to negotiate and resolve commercial disputes through the use of alternative dispute resolution (ADR), including informal negotiation, conciliation, mediation and expert determination.
Although it is our view that litigation should and can be avoided through early involvement and ADR, at times litigation is the best (or only) viable course of action for the resolution of disputes.
In such situations, our litigation team has the depth of knowledge and experience in all stages of litigation to enable us to guide our clients through the most significant litigation challenges with the highest degree of competence and care.
Our litigation team utilises a depth of relevant expertise across diverse practice areas and industries to routinely represent businesses and individuals in a wide array of jurisdictions and litigation matters, including:
- Land Compensation
- Intellectual Property
- Competition and Consumer Act 2010 (Cth)
Trade Practice Matters
On 1 January 2011, the Competition and Consumer Act 2010 (Cth) took effect and, with it, a single nationwide law governing consumer protection and fair trading commonly referred to as the Australian Consumer Law (ACL).
The ACL is commonly relied upon by consumers in consumer transactions with respect to:
- misleading and deceptive conduct
- unfair contract terms
- product safety and manufacturers’ liability
- product warranties
- unconscionable conduct
Additionally, the ACL has been amended by the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015, which took effect as of 12 November 2016 and small businesses may now rely on the ACL with respect to commercial transactions involving unfair contract terms that are prohibited under the Act.
Borrello Graham Lawyers has extensive experience in advising clients with respect to the ACL, including:
- • advising clients as to their rights and obligations under the ACL
- • assisting individuals and companies to resolve disputes under the ACL outside of litigation
- • representation in proceedings for damages associated with breaches of the ACL and challenging potentially unfair contract terms
Corporations Act Matters
Borrello Graham Lawyers provides a multi-disciplinary range of services in relation to the Corporations Act 2001 (Cth) and delivers tailored advice on corporate and business transactions, litigious or not.
From acquisitions and takeovers to share buy-backs/purchase plans, related party transactions, shareholder disputes, director appointment/removal and company structuring, Borrello Graham Lawyers has extensive experience with respect to Corporations Act matters irrespective of the size of the company.
Due to the constantly changing economic climate, corporations need structured and strategic advice to assist in times of exponential growth and financial demise.
Insolvency and restructuring is often a complex area of law that presents a myriad of challenges to companies and their directors, creditors and debtors. That is why our dedicated and qualified team of lawyers prides itself in providing clients with clear, concise solutions to assist with optimising the outcome of insolvency by minimising risk and maximising recovery and returns.
Competition Law Disputes
In our firm’s history of advising commercial clients across a wide range of industries and businesses, Borrello Graham Lawyers have developed a strong practice in advising and representing our clients on a range of frequently encountered competition law issues.
We understand the vital importance of brand protection and the legitimate rights of business to protect their goodwill, know-how and intellectual property from unfair competitive practices. We also advise and represent clients in cases where allegations of unfair practices are made against them.
We can assist with advice on matters such as:
- Patent and copyright protection and claims relating to infringement of those rights
- Protection of business reputation in cases of false or misleading claims
- Anti-competitive conduct claims
- Disputes relating to breach of confidentiality and unlawful use of trade secrets or valuable proprietary commercial information
- Restraint of trade disputes