Litigation

It is a truism that each and every transaction in business carries legal obligations. So far as the law is concerned, obligations exist pursuant to contract, tort, equity, statute or a combination of these.

Disputes arise when an entity is suspected of failing to fulfill its obligations. Those suspicions are sometimes well founded and at other times they are baseless. Therefore at the outset it’s critical to ask the fundamental questions: who, what, when, where, why and how.

The extent to which you or your business is affected when a dispute arises is the domain of a skilled lawyer like Troy Peisley.

In our adversarial legal system, you are dependent upon the skill of your advocate. There are very few Lawyers and Chartered Accountants in Australia who have the ability to get to the pith of the issues and evidence as he does.

Troy continues to practice in the area of litigation because he is interested in justice. As a lawyer, it is in his DNA to assist those who are wrongly accused and those who have suffered loss because of another’s actions.

Litigation is one option within the spectrum of options available to resolve disputes. Troy advocates the use of Alternative Dispute Resolution (ADR) processes as a means of avoiding litigation. Though in some disputes legal proceedings are appropriate, particularly when the wrong doer refuses to take responsibility for their actions despite genuine attempts to reach a fair resolution.

Some of the matters Troy has assisted parties in the past include:
• Breach of contract (joint venture, shareholders, supply, loan, guarantee)
• Breach of fiduciary duties by trustee
• Breach of director’s duties
• Breach implied duty of due care and skill
• Shareholders dispute
• Misleading and deceptive conduct
• Employment disputes
• Debt recovery
• Breach of trademark and copyright
• Taxation disputes
• Negligence
• Insolvency and setting aside antecedent transactions

For further information as to the matters Troy has been engaged please see: Litigation and legal Services (Since 1996)

Blended mediation: Using facilitative and evaluative approaches to commercial disputes (2012) 23 ADRJ 26

My paper titled Blended mediation: Using facilitative and evaluative approaches to commercial disputes appears in the February 2012 edition of read more

The Arbitration case of Westport Insurance Corporation v Gordian Runoff Ltd [2011] HCA 37

For those involved in domestic commercial arbitration, the recent High Court decision enlivens debate as to the finality of arbitration read more

Impugning Expert Determination (2011) 22 ADRJ 247

My paper titled Impugning expert determination: When does an error justify setting aside a determination? appears in the November 2011 read more

Awaiting on the High Court’s decision in Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011]

In February 2011, the High Court in Australia heard the case of Shoalhaven City Council v Firedam Civil Engineering Pty read more

The wait and see approach to dispute resolution

The NSW Attorney General, Greg Smith SC, announced on Tuesday, 23 August 2011, that the Government will postpone the introduction read more

Litigation and legal Services (Since 1996)

Since 1996, Troy Peisley has been acted for parties in commercial disputes. Troy’s experience in commercial litigation includes: Supreme Court read more