Litigation and Dispute Resolution
“Gilbert + Tobin’s dispute team demonstrates ‘deep knowledge’ and provides a ‘high level of service’”. Legal 500 Asia Pacific 2014
For more information on our Litigation and Dispute Resolution areas of expertise please click below:
Gilbert + Tobin offers sophisticated and strategic litigation and dispute resolution services across a broad range of legal areas. We work closely with clients to deliver focused, timely and cost-effective solutions, developed to fit your commercial objectives.
Our lawyers have been involved in many of Australia’s most high-profile commercial disputes, involving both litigated and negotiated outcomes. For many companies, we are the firm of choice when the stakes are high.
Our team is recommended as litigation experts by numerous external directories including Chambers Asia Pacific, Legal 500 Asia Pacific, Benchmark Asia Pacific and Best Lawyers Australia and won the Dispute Resolution Team Award at the 2014 Lawyers Weekly Australian Law Awards.
At Gilbert + Tobin, case strategy begins with identifying the client’s key commercial and regulatory objectives. These guide and remain the focus of our dispute resolution strategy.
We don’t believe ‘one size fits all’ in dispute resolution. When litigation is unavoidable, you will find we aggressively protect your interests. However, mediation or arbitration is often a better approach. We also understand the close relationship between dispute resolution, business strategy, social responsibility and public relations.
Gilbert + Tobin takes on difficult cases and regularly delivers solutions that challenge the status quo. Many of the cases we conduct involve multiple parties and novel legal or factual issues. This reflects the firm’s entrepreneurial culture, which values innovation and creativity.
We work with clients to deliver timely and cost-effective advice developed within the framework of agreed objectives. We continually reassess the progress of disputes and discuss strategy with our clients to ensure that strategic choices remain aligned with those goals.
- Google Inc – representing Google in its landmark win in the High Court of Australia. This is a benchmark case in Australia and internationally for online advertising practices, and the responsibility of website hosts for third party content.
- Royal Commission – advising the Catholic Church’s Truth Justice and Healing Council in the Royal Commission into Institutional Responses to Child Sexual Abuse.
- RiverCity – representing eight RiverCity companies in proceedings against AECOM Australia in the Federal Court of Australia, alleging misleading and deceptive conduct and negligent misstatement, and seeking over $1.7 billion in damages in relation to the Clem 7 Tunnel in Brisbane. The litigation against AECOM is one of the largest commercial disputes in Australia, and is the first case in Australia brought by a privately-funded operator of a failed toll road. We are also defending RiverCity in a related class action, and prosecuting a related claim for Portigon AG, worth over $350 million.
- BrisConnections – representing seven BrisConnections companies in proceedings against Arup in the Federal Court of Australia, alleging misleading and deceptive conduct and negligent misstatement, and seeking over $1 billion in damages in relation to the AirportLink toll road in Brisbane.
- Nine Entertainment Co. – guided Nine and its board through a $3.4 billion recapitalisation including the court approval process (by creditors Scheme of Arrangement).
- BlueScope Steel – $120 contract dispute with Xstrata Coal, considered previously untested questions about damages, including how loss can be measured for a resource such as coal.
- Reliance Rail – advised Reliance Rail on the $3.6 billion Waratah Train PPP project, one of the biggest PPP projects in Australia.
- Samsung – acting for Samsung in proceedings against LG challenging LG’s advertising campaigns for its 3D televisions.
- PPCA – trusted adviser to the recording industry for over a decade. Recently acted in its High Court challenge to the copyright royalty caps for radio.
- Air cargo cartel litigation – acting for several airlines in the ACCC’s prosecution of the alleged international airline cargo cartel. Gilbert + Tobin negotiated settlements and consent orders with the ACCC.
- Central Norseman Gold Corporation – when the Western Australian Minister refused to follow a positive recommendation from the Mining Warden, our client faced a challenge to its strategic exploration tenure. Gilbert + Tobin successfully challenged the Minister’s decision in the Supreme Court of Western Australia by proving the Minister fell into error.
- AGL Energy – AGL Energy Limited called on Gilbert + Tobin to represent it in proceedings before the Supreme Court of Queensland and the Court of Appeal, in which Anglo Coal and Mitsui sought to claim force majeure over a multi-million dollar long-term gas supply agreement.
- Bahrain Telecommunications Company (Batelco) – successfully acting in an arbitration against the Telecommunications Regulatory Authority of Bahrain challenging the imposition of a multi–million dollar fine for alleged contraventions of the Telecommunications Law of Bahrain.
- Brookfield Multiplex –advised on its 7-Nil win in the High Court of Australia in matter Brookfield Multiplex Limited v Owners Corporation Strata Plan 61288  HCA 36. This is a landmark case for the construction industry.
- Sphere Healthcare – on obtaining a civil search warrant and injunction in relation to an employee who was preparing to compete.
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