Litigation and Dispute Resolution

Why Choose Us?

We don’t recommend pursuing a claim we don’t think is financially or practically viable even if it has high prospects of success – that kind of approach would be good for our pocket, but not yours. We always strive for a common-sense and timely solution even if this means advising you not to pursue a claim or attempt to defend one.

What is Litigation and Dispute Resolution?

If there’s one word that summarises our approach to litigation and dispute resolution, it’s practical.

Whether you’re an individual , a large corporate entity or anything in between, the goal for our expert team is always the same: to find you a quick and cost-effective solution and to not become mired in an expensive and prolonged legal dispute

How We Can Help

Your Business is Our Business

When they walk through our door, we ask our clients to put aside any notion they’re launching or defending a claim ‘in principle’. In the world of litigation, principles are expensive but common sense solutions don’t have to be. Our focus is to always think business-first and search for the outcome that will achieve the best result in the shortest time. This involves honestly examining the viability of your claim or defence from the outset and throughout any proceeding rather than simply pursuing it based on what’s ‘right’ or ‘wrong’ no matter the practical consequences.

We provide the guidance and communication necessary to make the entire process as stress free as possible. You can be confident in us taking the wheel and managing the process, keeping you informed every step of the way.

We’re also proactive in our approach to litigation overall; ideally, we want you to be in a position where you don’t need our services in this area at all. For those clients that constantly find themselves the focus of legal attention, digging deeper to find the root cause instead of always treating the symptoms is key. Together with our commercial and succession planning group, we can then work to develop better business strategies to keep you out of the courtroom.

Construction and Domestic Building Dispute

The building and construction industry in Australia has a high degree of regulation and is unfortunately an area where disputes frequently arise. Beck Legal’s litigation team advise on all types of commercial and residential building and construction disputes.

We are across the Building Act, the Domestic Building Contracts Act, and the Building and Construction Industry Security of Payment (Amendment) Act and we have proceeded with disputes in the recently established Domestic Building Dispute Resolution Victoria (DBDRV). We know how to get disputes resolved, and our team stays on top of the changes in the laws and the decisions handed down by VCAT.

Insolvency

Beck Legal’s insolvency and restructuring team acts for creditors (both secured and unsecured), directors, insolvency practitioners and companies both pre and post insolvency. The majority of our insolvency work involves advising liquidators, administrators, managers and trustees in bankruptcy and in doing so we are also in a unique position to advise directors, companies and individuals on how best to mange the dealings with liquidators and trustees to secure the best outcomes.

Property Disputes

Beck Legal’s litigation team act for property owners, purchasers, landlords, tenants, developers, contractors, businesses, individuals, trustees, beneficiaries and neighbours in all types of property disputes.

Our team are known for providing both legal and practical advice. What this means is that we will tell you where you stand on a matter legally speaking. We will also provide you with practical advice on what you should do. Simply because you are in the right does not mean that you should proceed to litigate a matter. You need to weigh up costs, time, the availability of any chance of early settlement, the assets of the other party, and the risks of losing, and what other options you have. Litigation is rarely the only (or the best) option.

Goods and Services Disputes

Our approach to goods and services disputes is unique and personalised. No one dispute is the same, and we want to understand what the drivers are behind the dispute and what the best-case scenario outcome looks like for you. We do not jump into litigation lightly, and will generally recommend a number of other options and tactics before we look at filing a claim in Court.

Contractual Disputes

Our litigation team’s approach to contractual disputes is conciliatory, commercial and practical. We want to see the dispute resolved as quickly as possible, at the lowest possible cost and on your terms, so you can get back to business. We have been advising Victorian businesses, individuals and contractors on contractual disputes for over 35 years, and know how to navigate a dispute to achieve the best outcome for you.

Professional and Medical Negligence Claims

Professional and medical negligence claims are a specialised area of law, often involving complex legal issues and evidence that requires the expertise of one or more experts in the field of the claim.

At Beck Legal, we understand the sensitivity of these claims, the implications for both the claimant and service provider, and the high stakes involved.

Our approach to resolving professional and medical negligence claims disputes is unique and personalised. No one dispute is the same, and we want to understand the facts and what the best-case scenario outcome looks like for you and what your budget is. We do not jump into litigation lightly, and will generally recommend a number of other options and tactics before we look at filing a claim in Court.

Court Case - BCIPA claim fails for Contractor in Liquidation

The Building and Construction Industry Security of Payment Act 2002 (VIC) (BCIPA) is designed to protect contractors under a construction contract by ensuring that they get paid through a quick and inexpensive process.

Insolvency Resource - Hamersley v Forge - Set offs and the PPSA

In Hamersley Iron Pty Ltd v Forge Group Pty Ltd (In Liq), the Supreme Court of Western Australia held that the rights of set-off when dealing with an insolvent company can be overridden by a third party’s security interest. However, luckily for contracting parties, this decision has been overturned by the Court of Appeal.