Dispute Resolution

Dispute Resolution


We assist our clients with finding the right solution for their business whether that be advice, arbitration, or mediation. Our specialist team ensures optimal outcomes in a cost-effective way.

With specialised knowledge and extensive experience in arbitration and alternative dispute resolution procedures, we have the capacity, resources and proven methodologies in place to solve as well as manage disputes effectively.

A number of team members are accredited mediators. We aim to resolve disputes as early as practicable in the dispute process.  Wherever desirable and feasible, we seek alternative solutions to litigation to achieve the best outcomes for our clients.  

Our approach is to achieve the best commercial results for our clients, whether it be through negotiated settlement, structured private or court assisted mediation designed to settle or reduce the issues in dispute, expert determination, arbitration or court litigation. We strive to achieve outcomes that are suited to the individual needs of our clients to attain commercial legal objectives.

Our core capabilities in Dispute Resolution include:

  • Administration and insolvency

  • Consumer and competition disputes

  • Contractual disputes

  • Corporate disputes

  • Defamation

  • Energy and regulation disputes

  • Insurance disputes

  • Infrastructure, construction and engineering disputes

  • Intellectual property disputes

  • Leasing disputes

  • Mediation and dispute resolution

  • Mining and resources disputes

  • Misleading and deceptive conduct claims

  • Planning and environment disputes

  • Property disputes

  • Taxation disputes

  • Workplace relations and safety disputes.

Dispute Resolution

  • We acted for an insurer of a large offshore gas processing plant where it exploded resulting in a total cessation of supply causing the insured to suffer pure economic loss of approximately $120 million.  After comprehensive advice regarding the gas sale agreement and the policy wording, both the indemnity claim and the claim against the gas supplier were resolved.

  • We recently acted in a matter where the insured was a large user of gas for industrial purposes.  The offshore gas processing plant of the supplier exploded resulting in a total cessation of supply causing the insured to suffer pure economic loss of approximately $120 million.

  • We provided early advice and a comprehensive position paper used in negotiations which resulted in speedy settlement favoured by our client, in regards to a multi-million dollar, complex and multi-claims dispute with owner of pipeline.

  • We acted for a large multinational company in connection with a major contractual dispute with another contractor.  There were many claims and counterclaims, some of which were dependent upon contract interpretation.  Our strategy was to bring forward a preliminary point for decision before an Arbitrator, whilst arranging settlement negotiation at a senior level at the appropriate time.  This strategy resulted in settlement.

Mediation

  • We acted for a marine insurer of one of the consignors of a mixed cargo of sulphur from Canada to Kwinana. It could not be established how the metal objects came to be in the cargo which we emphasised to the claimant’s lawyer. The claimant did not proceed with the claim.

  • We acted for a contractor against whom the sum of $2,341,987 plus interest and costs was sought by a mine principal in respect of a drill rig that was irreparably damaged while being trammed along a berm, which collapsed.  We resolved the matter expeditiously, with a very favourable settlement.

  • We acted for a major international mining house against another international resources company in the WA Supreme Court relating to the right to use an offshore drilling rig. The matter was programmed to a hearing on an extremely expedited basis and settled before trial at mediation.

  • We acted for a major international engineering company in a dispute in the Supreme Court of Western Australia regarding the refurbishment and lease of new premises. The issues included incomplete works and defects, unpaid rent incentives and practical completion issues. The matter settled at mediation on terms favourable to our client.

Expert Determination

  • We acted for insurers defending a claim exceeding $10 million by a listed diamond company against a firm of engineers who had been engaged to design and construct an upgrade facility for a diamond processing plant. Having put the claimant at risk on costs by declining to mediate, the claimant did not commence proceedings against the engineers.

 Arbitration

  • Our client was the main contractor for the construction of a major privately owned infrastructure project. Disputes arose in connection with a civil works subcontract resulting in numerous multi million dollar claims and counterclaims. The dispute was referred to arbitration.

  • We acted for a construction company in disputes with the principal to determine the interpretation of the terms of a construction contract and decide numerous claims and counterclaims. The disputes were then referred to arbitration and the client succeeded in its interpretation of the terms of the contract and received a substantial award.

Richard Sandover

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Karene Primrose

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Darren Pratt

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Basil Georgiou

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Anthony Bereyne

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Isla McRobbie

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Thomas Jacobs

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  • 28 August 2016

    Do your contracts contain 'unfair terms'? Prepare now for the new legislation

    New provisions for unfair contract terms will apply to standard form "small business contracts", entered into on or after 12 November 2016, and contracts that are renewed, or varied, after 12 November 2016.

    Authors: Isla McRobbie, Matthew Reid

    LINK 37 Bytes

  • 27 January 2016

    Applying partnership assets to meet the costs of liquidators appointed to the former partners

    It is well-established that a liquidator is entitled to his or her expenses properly incurred in preserving, realising or getting in property of the company to which they are appointed.

    Authors: Victoria Butler, Eva Lin

    LINK 43 Bytes

  • 3 December 2014

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    Background

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    On 18 November 2014, the Government responded to each of the Committee’s recommendations.  Below is a summary of the major amendments that the Government proposes to make to the Act and Regulations.

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    LINK 42 Bytes

  • 8 July 2014

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    LINK 43 Bytes

  • 11 August 2013

    When will Courts enforce dispute resolution clauses?

    As the benefits of alternative dispute resolution become better understood, parties are increasingly seeking to insert dispute resolution clauses in contracts.

    A recent decision of the Victorian Court of Appeal, WTE Co-Generation & Anor v RCR Energy Pty Ltd & Anor [2013] VSC 314 (21 June 2013), clarifies the circumstances in which such clauses will or will not be upheld.

    Author: Darren Pratt

    Download PDF 301 Bytes

  • 25 May 2012

    Jackson McDonald 5th time Perth Law Firm of the Year

    Jackson McDonald consolidated its position as the leading West Australian law firm when named Perth Law Firm of the Year at the 2012 ALB Australasian Law Awards in Sydney on 24 May 2012.

    It is the fifth year out of six that Jackson McDonald has won this prestigious award.

    Authors:

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  • 18 May 2012

    Are you a Principal or a Contractor receiving requests for payment on construction projects?

    Most construction contracts these days are caught under the Construction Contracts Act (“the Act”).  You may not know that under the Act, unless your contract says otherwise, you only have 14 days to respond to the payment request by saying how much you are prepared to pay, or rejecting it outright. If you do not do this, you have to pay the claim in full. Essentially, you lose your right to challenge the payee’s right to full payment of their claim if they decide to take your non-payment to adjudication.

    Author: Matthew Lang

    Download PDF 240 Bytes

  • 10 January 2011

    Doing Business in Asia Pacific

    Jackson McDonald is a proud member of Globalaw and has assisted in the development of this guide.

    Authors:

    Download PDF 4 Bytes