Commercial dispute resolution
Calm, decisive, and timely action for your commercial dispute
Place your trust in the Scoglio Law team, our solicitors are skilled litigators and negotiators, and have worked across all types of commercial disputes as both the prosecution and defence teams. Years of experience has influenced our strategy and approach to all matters, with a focus on analysing contributing causes and potential future implications of a dispute we advise on what to act upon.
Sensitivity in these disputes is paramount and we appreciate our client’s emotional and financial investment in these situations. Our strategy in these situations revolves around your considerations of a successful outcome. Based on this, and our analysis, we identify several potential management strategies and offer a realistic appraisal of the likely outcomes and associated legal costs.
We believe that the secret to successful outcomes is knowing when to act and with what level of force, resolving matters through mediation or other forms of alternative dispute resolution wherever possible to achieve your definition of a successful outcome.
Our dispute resolution services cover:
Leasing disputes
Trade mark and copyright infringements
Contract disputes involving government contracts
Partnership / shareholders’ disputes
Directors’ disputes and liability issues
Breaches of directors’ duties
Trade practices infringements
Negotiations with the Australian Taxation Office regarding client debts
Mortgage document and conveyancing disputes
If you or your client are involved with a dispute, and requires a firm with the commercial sensitivity and experience to reach a desired outcome, talk to us.
Business advisory
Your partner for a better way forward
Sometimes the perspective of a partner with experience in viewing a matter from all sides including a business sense, business strategy and outside of the matter at hand is required.
We partner with clients, in-house legal teams, managers, CEOs, directors and other key decision-makers to review contracts, provide opinion on resolution, and assess business risk. We are here to work with our clients in making sensible decisions, often avoiding litigation and future challenges.
By looking outside the black letter of the matter, and exploring opportunities and risks, we can advise on a strategy or approach that looks beyond a yes or no answer.
We have advised clients in the following areas:
Construction and building contracts
Insolvency
Safe harbour
Assessing personal liability
ATO personal risk
Commercial renegotiation of contracts
If you or your client are in need of advisor, an outside the box thinker and experienced confidant, talk to us.
Partnership / shareholder dispute
Better decisions for your challenging position
A breakdown of relationships in business can be a stressful and worrying time for those involved, in situations like these you need an advisor who understands your needs and what a successful outcome means to you. Our team of solicitors are skilled strategists, and have worked across many business relationship disputes for both the remaining partners / shareholders and those that wish to leave.
Understanding where to apply pressure and in what capacity in these scenarios is integral to achieving the outcomes that mean the most to you. We’re here to guide you through this process with a calm approach and steady hand. There is never one way to solve these situations, and that's ok - we're here to find the right way.
We have have worked in collaboration with accountants and other commercial firms for our clients, strategising and developing a considered approach based on our experience in business and outside perspective of the matter.
Our experience in partnership and shareholder disputes covers industries including:
Legal
Accounting
Dental
Logistics
Engineering
Get in touch with us if you or your client are involved in a partnership or shareholder dispute. We’ll support you.
Commercial insolvency
Smooth it out with refined solutions and support
We understand that company collapse, no matter what size the organisation, can significantly impact the commercial futures of employees, customers, and suppliers. Outcomes from these events cause emotionally-charged responses from all sides, our experience has taught the Scoglio Law team how to navigate the waters in these situations to reach the best possible commercial outcomes for our clients.
There is a fine line when handling complex insolvency matters, we are agile in our approach, knowing the right times to be ruthless and swift in pursuit of creditor funds or assets, and when take a more methodical, negotiated approach.
Given our experience in acting for creditors, directors and insolvency practitioners we feel that we can assist our clients in reaching commercial decisions, when faced with the issues raised that follow the insolvency of a customer.
Contact the Scoglio Law team for more information of you or your business is in need of insolvency advice.
Scoglio Law’s corporate insolvency services include:
Voluntary corporate administration
Corporate liquidation
Corporate receivership
Personal bankruptcy
Claims by secured creditors under the Personal Property Securities Act 2009
Securities enforcement
Business reconstruction advice
Deed of company arrangements
Credit recovery
Defending preference actions
Representing and being a voice for creditors at creditors’ meetings
Advising creditors on deeds of company arrangements and the effects of such arrangements
Family office
Dynamic solutions for your dynamic situation
Family office call for discretion from their legal advisors. These challenges are unique, personal and extremely important - our experience allows the Scoglio Law team to understand the dynamics within a family office environment.
We have acted for a number of family offices over the years as both primary advisors, and stepping in to assist in complex matters alongside in house teams.
Our method to family office matters is similar to that of any of our other commercial business clients, to listen carefully, identify the issue, strategise for desired outcomes, and work in the speediest, most cost effective approach.
We have acted on behalf of a number of family offices in areas such as:
Commercial dispute
Royalties / payment disputes
Fraudulent activities by employees / shareholders
Joint venture disputes
We understand the emotional impact family office matters, get in touch with us if you or your client require an advisor who appreciates the complexity and dynamics of these situations.
Building and construction
Build the team fit for your challenge
Known for its tight contracts, slim margins and tough characters, the construction industry can be a challenging work environment; at Scoglio Law we’ve seen it all.
Our experience in the construction industry has seen our team regularly assisting large and small organisations to protect their interests and achieve desired commercial outcomes from construction projects.
As required, we engage industry experts including quantity surveyors and consulting engineers to provide their specialist advice, reports and testimony to support our clients’ claims.
We are experienced in providing dispute resolution services for diverse construction projects including:
Commercial buildings
Residential developments
Retail centres
Tourism properties
Medical and health facilities
Body Corporate
In focus: What are your rights to payment?
If you are a construction contractor who has had problems securing payment for goods and services in the past, several options may be available to you.
The Building Industry Fairness (Security of Payment) Act 2017 (Qld) entitles contractors to prompt progress payments and fast-track adjudication of any disputed claims. Alternatively, the Act allows you to pursue payment using subcontractors’ charges. Subcontractors’ charges enable you to recover costs from higher parties in the contractual chain, and a valid charge is regarded as a secured debt in the event of insolvency.
For more information, contact Scoglio Law Principal, Tony Scoglio, on (07) 3833 2100 or contact us via this page.