Litigation

In litigation, Whittens is experienced, strategically smart and has a high success rate. We have a thorough understanding of how best to use commercial leverage and apply the law to meet your objectives. Our aim is always to give focused and practical advice that is cost effective and to keep you in control of the dispute.

While we prefer the speed, certainty and cost savings of negotiated outcomes, we recognise that sometimes litigation is the right tool for the job. When litigation is unavoidable, we uncompromisingly enforce or protect your interests with a view to minimising risk to your brand and your financial exposure.

At all times, we ensure that you are fully aware of all risks associated with each matter and are properly informed to make decisions about how to proceed.

Our team has experience in handling some of Australia’s largest and most complex litigation, and regularly handles disputes in all major courts and tribunals. Contentious and challenging corporate and commercial disputes are our core business.

Our expertise includes litigation involving:

  • Corporate law and the Corporations Act;
  • Commercial & Contract;
  • Land, Environment & Planning;
  • Employment & Workplace Relations;
  • Administrative Law & Tax;
  • Trusts;
  • Intellectual property; and
  • Property.

We also act for parties being investigated or prosecuted by ASIC, ACCC, ATO, EPA, Workcover and for parties involved in commissions of inquiry, including ICAC and Royal Commissions.

Our clients include some of Australia’s highest profile business people, who trust us with their work. We are also trusted by litigation funders to advise them on prospects in cases they are considering funding.

Although the vast majority of our dispute matters are resolved without contested hearings, recent cases that Whittens has handled include:

  • defence of class action claims against directors of Arasor Limited in relation to its $70 million IPO;
  • enforcing restraints of trade and obtaining damages for breach of contract by accountants;
  • obtaining injunctions to enforce restraints of trade against patent attorneys;
  • representing YMCA NSW in Case Study 2 of the Royal Commission into Instiutional Responses to Child Sexual Abuse;
  • representing witnesses before the Royal Commission into Trade Union Governance and Corruption;
  • representing witnesses before the Independent Commission Against Corruption;
  • obtaining orders to restore shares in a company worth approximately $100 million to their rightful owner, following commission of a fraud;
  • appearing for an ASX listed company on Takeovers Panel applications; and
  • proceedings to successfully obtain injunctions, undertakings and orders to prevent defamation and misleading conduct.