At LSV Borrello Lawyers, we understand that successful dispute resolution relies on focused 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 Disputes 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, whilst at the same time being able to brief leading barristers with whom we have close working relationships. This is particularly important as it places our team in a position to provide efficient and cost effective solutions.

We regularly act for clients in both the State and Federal jurisdictions in disputes across a range of areas including:

Property

  • leasing disputes including Retail and Private leases
  • land compensation claims
  • boundary and encroachment disputes
  • adverse possession claims
  • easements and restrictive covenant disputes
  • access and tenure disputes
  • contamination disputes
  • strata title disputes
  • rural & agricultural / agribusiness disputes

Construction

  • making and defending claims for variation, extension of time, liquidated / delay / disruption damages and defects
  • contractual dispute resolution conferences
  • prescriptive and voluntary expert determination
  • Building Commissioner complaints & SAT proceedings under Building Services (Complaint Resolution and Administration) Act 2011 (WA)
  • prescriptive and voluntary mediation
  • arbitration & litigation
  • adjudication applications and responses under state specific Security of Payment Legislation (such as the Construction Contracts Act 2004 (WA)) and judicial review of determinations

Corporate

  • shareholder / partnership / joint venture disputes
  • shareholders’ actions for wrongs by the company / breach of directors’ duties
  • breach of directors’ duties claim

Commercial

  • breach of contract claims
  • negligence / tort claims
  • claims for specific performance and declaratory relief
  • enforcement of securities
  • rectification of contracts
  • intellectual property disputes
  • mediations and expert determinations
  • arbitration & litigation
  • debt recovery

Insolvency

  • statutory demands under the Corporations Act 2001 (Cth)
  • bankruptcy / winding up applications and proceedings
  • preparation, lodgment and assessment of proofs of debts
  • administrator and liquidator claims against debtors & for preferential transfers

Probate and Contested Estates

  • inheritance claims
  • applications for proof of will
  • executor delays in applying for probate
  • beneficiary disputes
  • unauthorised or unfair transfers of assets
  • undue influence or duress
  • deceased estate claims