Last week, the High Court affirmed the Full Court’s decision that the ANZ’s late fees were not a penalty and were therefore enforceable in accordance with their terms. In so doing the Court signalled that it does not see the role of the courts as scrutinising private agreements and making adjustments to bring them into line with standards of reasonableness or fairness imposed by the courts
Litigation and Dispute Resolution
Gilbert + Tobin is the firm of choice when the stakes are high.
Our lawyers have been involved in many of Australia’s most high-profile commercial disputes, involving both litigated and negotiated outcomes.
Clients come to us for our sophisticated and strategic litigation and dispute resolution services across a broad range of legal areas. We work closely with our clients to deliver focused, timely and cost-effective solutions, developed to fit your commercial objectives.
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. We were recently named National Law Firm of the Year at the 2015 Asialaw Asia-Pacific Dispute Resolution Awards and won the Dispute Resolution Team Award at the 2014 Lawyers Weekly Australian Law Awards.
For more information on our Litigation and Dispute Resolution areas of expertise please click on the titles to the right.
- Strategic: 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.
- Sophisticated: 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.
- Innovative: 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.
- Commercial: 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.
- Gilbert Tobin were named National Law Firm of the Year at the 2015 Asialaw Asia-Pacific Dispute Resolution Awards.
- Gilbert Tobin were named Dispute Resolution Team of the Year at the 2014 Lawyers Weekly Australian Law Awards.