Commercial Litigation

LK represents clients in complex commercial and financial disputes before courts across Australia and the courts of England and Wales (High Court and Court of Appeal) and have succeeded before the High Court of Australia, the Privy Council and the Hong Kong Court of Final Appeal.

We represent clients across a range of industries in disputes involving financial instruments, contracts, shareholders, fraud, asset protection, breach of fiduciary duty, banking, derivatives, mergers and acquisitions, and professional negligence. Our matters often involve multiple jurisdictions and we are adept at managing the legal and logistical issues that these matters present. Clients turn to us for our sharp analysis, commercial insight and unwavering resolve in the most contested environments.

I would thoroughly recommend LK Law for any complex international commercial litigation. They achieve excellent results.

Chambers and Partners

Experience

New Royal Adelaide Hospital

Representing the South Australian State Government on various strategic and legal issues concerning defaults, delays and disputes arising out of the AU$2.5 billion public-private partnership arrangements for the design, construction and operation of the State’s major health facility. This involves acting for the State in the associated expert determination proceedings, arbitral proceedings and proceedings in the Federal Court of Australia and the Supreme Court of South Australia.

Saudi Arabian Company

Represented defendant franchisees in a £30 million dispute before London’s High Court concerning alleged breaches of Saudi franchise agreements, intellectual property infringement and conspiracy to cause damage.

Lumibird Group

Represented multi-national medical, defence and industrial laser technology group, listed and headquartered in France, and various of its subsidiaries, directors and officers, in highly contested litigation brought by an ASX-listed competitor. The proceedings concerned allegations of corporate espionage, misleading and deceptive conduct and breaches of the equitable duty of confidence following a major share sale and purchase.

Cargill v Viterra

Represented a multinational agribusiness group in appeal proceedings in the Court of Appeal of the Supreme Court of Victoria concerning a trial judgment of AU$293 million arising from the sale of a subsidiary.

Banco Santander Totta

Represented four Portuguese transport companies in defending and settling claims brought by the bank in London, which sought to enforce derivative arrangements that would have required the clients to pay interest rates of up to 92.5 per cent.

Confidential Professional Negligence Claim

Working with an offshore firm to defend another professional services firm in relation to allegations of professional negligence.

Property Investment Fraud

Representing a group of investors in a claim to recover over AU$20 million paid for investment in commercial property. Interlocutory proceedings have involved freezing and restraining orders and successful applications for the appointment of receivers to take possession of and sell commercial property valued at more than AU$10 million.

CleanFin

Represented a company in a derivative action involving breaches of trust and fiduciary duties by the company’s former directors and seeking an account of profits from the directors’ alter-ego companies as knowing recipients.

Recovery proceedings

Represented a consulting company in recovery proceedings against state and local governments concerning payment entitlements arising from its engagement to assist in energy supply agreement negotiations.

Construction / Engineering Professional Negligence Claim

Prosecuted breach of contract, negligence and misleading and deceptive conduct claims in the Federal Court of Australia relating to a construction and engineering project for a large winery and grape processing facility, including matters of insurance.

HBF Health Limited

Representing HBF Health Limited in proceedings to set aside an uncommercial litigation funding agreement entered into between a managed investment fund of which HBF was a major beneficiary and a litigation funder.

Roller Networks v Rat Pack & Others

Representing a venue management software company in Federal Court (Victoria) proceedings concerning allegations of misuse of confidential information and misleading and deceptive conduct.