We provide specialist advice and representation in commercial, regulatory and public law litigation. Our partners have extensive experience acting for Commonwealth government entities, ASX listed companies, Australian and international insurers, and private clients. We advise on commercial disputes, merits and judicial review proceedings, regulatory litigation, insurance disputes, intellectual property matters, and arbitration and alternative dispute resolution. Our clients rely upon our extensive experience acting in high-value, politically sensitive and strategically significant disputes.   

We provide expert advice throughout the course of a matter, empowering our clients to make informed decisions. Our clients can expect a clear litigation strategy from the outset, and decisive, responsive and practical advice as the matter progresses. We practice litigation with our clients’ commercial interests as our highest priority. We identify commercial drivers and explore practical solutions where an early resolution is appropriate. Where a matter must proceed to hearing, we take a rigorous approach to ensuring that our clients’ interests are protected. 

Insurance Litigation

Our partners have extensive experience acting for both insurers and policyholders in the full spectrum of insurance disputes. We specialise in complex disputes, often arising out of contentious factual backgrounds, requiring the analysis of highly technical expert evidence, and raising novel questions of law. Our partners have acted for major Australian and international insurers and have particular expertise advising on coverage / indemnity disputes, and claims indemnified under financial lines and specialty insurance products. 

Our experience includes advising on:

• professional indemnity matters, including claims against legal practitioners, engineers, and Australian Financial Services (AFS) licensees; 
• product liability matters, including advising on associated regulatory issues arising under the Competition and Consumer Act 2010 and the Australian Consumer Law; 
• employer liability / workers’ compensation matters, including statutory lines, common law claims and Commonwealth compensation; 
• public liability matters; 
• property insurance matters, including contested first party and third party claims;
• claims indemnified under specialty insurance policies; 
• subrogated claims; and
• coverage / indemnity proceedings, acting for both policyholders and insurers.
  

Intellectual Property Litigation

Our clients include vendors and purchasers of defence and aerospace assets, government entities managing sophisticated technology projects, and new businesses driving disruptive change and creating a strong brand in the market. In many cases, intellectual property rights are our clients’ most valuable asset. Their success is dependent upon their ability to use and commercialise their intellectual property. For those clients, intellectual property proceedings are truly ‘bet the company’ litigation.

We assist clients in both protecting intellectual property rights and defending claims of intellectual property infringement. We assist our clients to obtain injunctive relief and advise on the recovery of damages. Our recent work includes advising and acting for clients in relation to: 

• the protection of registered trade marks, and defending allegations of trade mark infringement; 
• copyright infringement claims; and
• the protection of confidential information / trade secrets.
  

Our litigation lawyers work closely with our technology team when advising on intellectual property matters, providing expert end-to-end advice and representation. 

Public Law Litigation

Our partners are highly skilled practitioners in the areas of merits and judicial review. They have acted for Commonwealth agencies in hundreds of contested matters before the Administrative Appeals Tribunal, the Federal Court of Australia (in its original and appellate jurisdictions) and the High Court of Australia. We have long-standing relationships with many government agencies, and provide those clients with ongoing advice on the administration of government schemes and representation in administrative review matters.

Our partners have acted for Commonwealth entities in proceedings concerning: 

• eligibility for Research & Development Tax Incentive under the Industry Research and Development Act 1986 and the Income Tax Assessment Act 1997
• the application of anti-dumping measures under the Customs Act 1901
• immigration matters, including visa cancellation under the Migration Act 1958 
• citizenship acquisition and cessation under the Australian Citizenship Act 2007
• VET providers’ entitlement to receive payments for the former VET FEE-HELP loan program under the Higher Education Support Act 2003; 
• participation and reasonable and necessary supports under the National Disability Insurance Scheme Act 2013
• access to documents under the Freedom of Information Act 1982; 
• summonses, subpoenas and notices for non-party production for the compulsory production of protected sensitive and personal information; and  
• claims under ss 16, 19, 24 and 27 of the Safety, Rehabilitation and Compensation Act 1988.   
  

Regulatory Litigation

Auxlaw’s partners have represented both regulators and regulated entities. Their experience includes advising and acting for Commonwealth regulators including the Australian Securities and Investments Commission, the former Department of Education and Training, the Department of the Environment and Energy, and the Clean Energy Regulator.

We practice across a variety of regulatory regimes and act for clients in relation to all aspects of regulatory compliance and enforcement actions, including:

• examinations, investigations, infringement notices, civil penalties, enforceable undertakings, injunctions and sanctions; and 
• possible contraventions of the law, including representation in disputes and litigation. 
  

Commercial Litigation

We act for clients in the full spectrum of commercial disputes, including:

• contractual disputes and debt matters;
• banking and finance disputes, and the enforcement / recovery of securities;
• warranty and indemnity claims;
• government contracts litigation;
• claims under the Australian Consumer Law, including claims relating to unfair terms in small business contracts and consumer guarantees;
• directors and officers; 
• shareholder disputes; and 
• commercial and investment arbitration, including the enforcement of arbitral awards. 

Major Projects and Contract Management 

Our team has extensive experience advising on disputes and issues arising during contract performance. We advise on contract management, performance, negotiations, and where necessary, the restructuring of contracts. We have significant experience advising the Department of Defence in relation to major technology and materiel acquisitions, as well as contractors and subcontractors engaged on major public projects across various levels of government.