Commercial dispute resolution

Resolving breaches of contract or defending commercial claims calls for calm, decisive and timely action.

Scoglio Law's solicitors are experienced litigators and negotiators of all types of commercial disputes.

Our strength lies in our appreciation of clients' emotional and financial investment in dispute situations, and our ability to respond authoritatively as the prosecution or defence team.

We believe that the secret to successful outcomes is knowing when to act and with what level of force to achieve the best possible outcomes for our clients.

Our corporate dispute resolution services cover:

  • partnership disputes
  • directors' disputes and liability issues
  • breaches of directors' duties
  • shareholders' disputes
  • trade practices infringements
  • negotiations with the Australian Taxation Office regarding client debts
  • mortgage document and conveyancing disputes
  • leasing disputes
  • trade mark and copyright infringements.

As required, we work with other legal services providers to help our clients adopt measures that may prevent future disputes or claims.

In focus:
Vizard case turns the spotlight on directors' duties

The highly public 2005 investigation into media celebrity, Steve Vizard's, share trading using information he received while a Telstra director has highlighted the Australian Securities and Investments Commission's (ASIC) growing interest in breaches of directors' duties.

At the time, The Age (9 July, 2005) reported ASIC Chairman, Jeffrey Lucy, as saying that corporate governance upgrades, through the Corporate Law Economic Reform Program (CLERP), and the importing of tougher rules and regulations from the United States had heightened awareness of the need for compliance.

He warned that the market was entering another "interesting" era. "Australia has undergone a period of unprecedented growth, and when companies report their results and they don't meet market expectations, there is typically a significant, quick sharemarket response. That does put pressure back on boards to meet market expectations," he said.

The pressure has both positive and negative implications. "The level of disclosure in Australia is high, partly because of the background pressure on boards to meet expectations. But the swift and substantial market reaction when results do not meet expectations can also pressure some boards to meet expectations by exaggerating results, or by inappropriately disclosing financial information.

"I am not predicting tougher times - but I am noting the way the markets are responding."

For more information about breaches of directors' duties, contact Scoglio Law Principal, Tony Scoglio on (07) 3833 2100 or tony@scogliolaw.com.au