Litigation & Dispute Resolution

We are aggressive, decisive, determined litigators and leaders in the field. Our standards are high and we know that results matter. In order to achieve results, we know that our people, our experience and our focus on our clients’ needs are key.

Disputes should be resolved efficiently and cost effectively. At Cornwalls, our team aims to find the best strategies to protect our clients’ interests. Our clients value our ability to understand the key drivers of any dispute, and we use these to effect best-case outcomes.

Our Litigation & Dispute Resolution team is highly experienced in all forms of litigation. Our partners are actively involved, when litigation is unavoidable, in developing strategies to manage court proceedings and achieve the best possible results.

Our expertise covers all forms of litigation, including: commercial and corporate disputes, contractual and property disputes, trade practices, tax, insolvency and insurance litigation. We advise across a range of industries including construction, transport and logistics, energy and resources, intellectual property, information technology, health, retail, property and workplace relations.

We have the skills and resources to manage large scale litigation and tight timeframes. Our aim is to reach the determination of disputes as quickly as possible, always considering commercial imperatives. We use our expertise and industry knowledge to avoid court proceedings where appropriate.

Expertise

  • Arbitrations
  • Boards of Inquiry
  • Body corporate / owners corporations / STRATA
  • Class actions
  • Claims of abuse
  • Commercial disputes and litigation
  • Contractual disputes
  • Coronial investigations
  • Corporate and business disputes
  • Corporate governance
  • Corporate insolvency and bankruptcy
  • Defamation
  • Directors’ and officers’ liability
  • Dispute resolution
  • Estate litigation
  • Financial services litigation
  • Fraud
  • Government and administrative law
  • Insurance / risk
  • Leasing disputes (retail and commercial)
  • Litigation funding interventions
  • Media law
  • Mediation and alternative dispute resolution
  • Proceeds of crime
  • Professional negligence
  • Property disputes
  • Recoveries and collections
  • Restructuring and turnaround
  • Royal commissions
  • Shareholder, unitholder and partnership disputes
  • Trust and equitable claims

Examples

  • acting for one of the leading providers of information and communication technology in two construction disputes for $115 million and $117 million respectively, incorporating a series of security of payment claims and an international arbitration
  • acting for a national vehicle manufacturer in a contractual dispute with a former supplier
  • acting for a US-based induction heating and engineering company in large scale litigation in Australia and New Zealand, in relation to commercial construction and engineering disputes regarding repudiation of contracts, termination of contracts and recourse to performance
  • advising a mining engineering company on risk avoidance strategies, negotiation and drafting of contracts and ancillary documentation on high value, complex and multijurisdictional disputes via litigation and alternative dispute resolution; these disputes concerned EPC contracts, joint venture and alliance agreements, licensing agreements, mining rights and ancillary contracts such as insurance, storage, international payments, carriage and shipment including mining equipment acquisitions and hiring
  • acting for a property developer seeking to remove restrictive covenants on title in relation to significant land holdings, with a view to redeveloping the properties in question
  • acting for a registered trade mark owner in opposing applications for non-use
  • acting for a shopping centre owner/developer in litigation (specifically attracting the security of payments legislation in all state jurisdictions) with builders and other contractors
  • representing an overseas bank in the successful defence of a series of class actions arising from an ATO initiative to retrospectively disallow deductions claimed by investors in various films and live shows
  • acting for one of Australia’s leading extractive industry corporations in litigation concerning a regional quarry facility
  • proceedings commenced against a NSW government agency responsible for the development and management of public spaces, by a major construction company and prominent casino; involved in a peer review role as part of the litigation
  • proceedings against a Sydney law firm accused of helping a mining group director with fraudulent activity
  • advising one of Australia’s richest persons on control of a multibillion-dollar trust
  • advising an international tobacco company in proceedings to retain use of confidential information and involving allegations of perversion of the course of justice and conspiracy
  • advising a major Australian technology company in a dispute involving complex issues surrounding supply installation agreements, title to Australia-wide infrastructure and the interaction of insolvency and receivership laws on that title
  • advising a major rail company in disputes arising from a multibillion-dollar contract to deliver the largest rolling stock order in Australia’s history; this train project ranks among the largest public-private partnerships in NSW history
  • acting in the joint venture of two major Australia/NZ infrastructure and facility management and industrial automation companies, on the resolution of multimillion-dollar claims arising from a South Australian power station
  • acting for a major multinational professional services network partner in relation to the collapse of Australia’s second largest insurance company.
  • appointed by the NSW branch of a well-known charity to convene a Board of Enquiry, to be chaired by a retired High Court Judge, to enquire into serious allegations of widespread financial abuse in the workings of the State Branch over several years; proceedings were assumed by the NSW government exercising its powers under the Charities Act
  • acted for the lead government agency for the NSW tourism and major events sector, in a coronial inquiry surrounding the death of a tourist attending the Vivid Sydney 2014 event
  • acted for a leading global mining group in a lengthy coronial inquest and associated prosecution arising from the collapse of a massive ore body in an underground mine in NSW
  • acted for the head of a major Church in Australia, in respect of issues before a Victorian Parliamentary Inquiry and before the Royal Commission into Institutional Responses to Child Sexual Abuse.

Our People

Paul McCann

PARTNER, SYDNEY

Andrew Sutherland

PARTNER, SYDNEY

Radhika Kanhai

PARTNER, MELBOURNE

Joe Naccarata

PARTNER, MELBOURNE

Jarrod Munro

PARTNER, MELBOURNE

Bianca Quan

PARTNER, MELBOURNE

Stephen Sawer

PARTNER, MELBOURNE

Paul Evans

PARTNER, BRISBANE

Brent Turnbull

PARTNER, BRISBANE

Michael Cope

SPECIAL COUNSEL, BRISBANE

Matthew Kennett

Senior Associate, SYDNEY

Lauren Joseph

SENIOR ASSOCIATE, BRISBANE

Evelyn Ooi

SENIOR ASSOCIATE, MELBOURNE

Bishoy Genday

SENIOR ASSOCIATE, SYDNEY

Stephanie Davies

ASSOCIATE, MELBOURNE