Our People

Commencing civil proceedings in Australia may involve a series of complex legal procedures, court rules and strict time limits. Whether the matter concerns a contractual dispute, a property dispute or a personal injury claim, understanding how to properly initiate legal proceedings is crucial. This guide provides a clear explanation of the litigation process, highlights key risks and practical considerations, and helps you effectively commence a civil claim within the Australian legal framework to achieve the best possible outcome.

Many founders see the company constitution as the main governance document, but in practice the shareholders agreement often has greater impact on control, value and risk, particularly during disputes or exits. Understanding this difference helps protect relationships, preserve value and avoid costly conflicts.

Sentencing in Australia is a sophisticated balancing act that seeks to punish offenders while protecting the community and promoting rehabilitation. Unlike some jurisdictions with fixed penalties, Australian courts apply a "instinctive synthesis" approach, weighing various factors to determine a just outcome. Understanding how judges calculate jail time, fines, and community orders is essential for anyone navigating the criminal justice system or seeking to understand the rationale behind court decisions.

Securing bail is a critical juncture in the Australian criminal justice system, determining whether an individual remains in the community or stays in custody while awaiting trial. Given the presumption of innocence, the law balances the rights of the accused against community safety and the integrity of the judicial process. Navigating these procedures requires a deep understanding of the specific legislative frameworks that govern each jurisdiction, such as the Bail Act 2013 in New South Wales or the Bail Act 1977 in Victoria.

Being a company director in Australia involves far more than strategic decision making. Legal duties apply continuously and can expose directors to personal liability, particularly when financial pressure emerges. Understanding these risks early allows business owners to make informed decisions before options narrow.

Property settlement in Australian Family Law is not a simple 50/50 split. For business owners and high-net-worth individuals, understanding the statutory "Four-Step Process" is essential to protecting assets and ensuring a fair distribution. By examining every stage from asset pool valuation to future needs adjustments, you can gain clarity and control over your financial future, avoiding the pitfalls of protracted litigation and ensuring a stable foundation for your next chapter.

When two or more people purchase property in Australia, the legal structure of their ownership significantly impacts their rights to the property and what happens to it after they pass away. Choosing between Joint Tenancy and Tenancy in Common is not merely a paperwork formality; it is a critical decision that affects estate planning, tax obligations, and the ability to sell or mortgage the asset. Understanding the "right of survivorship" and the flexibility of defined shares is essential for any co-owner.

When a company enters liquidation, directors often assume past decisions are final. However, Australian insolvency law allows liquidators to unwind certain pre-liquidation transactions that unfairly benefit particular parties. Understanding which transactions are at risk, the look-back period, and potential personal exposure is crucial.