At Small Myers Hughes, we deliver practical, reliable and timely legal advice on in relation to commercial disputes.
Our expertise includes:
- Alternative dispute resolution
- Bankruptcy and insolvency
- Business and commercial disputes
- Building and construction disputes
- Body corporate disputes
- Court and statutory notices
- Debt recovery and enforcement of judgments
- Deceased estates
- Enforcement of security
- Leasing, property and conveyancing disputes
- Statutory demands and winding up applications
- Intellectual property
Bankruptcy and Insolvency
- Applications to set aside bankruptcy notices.
- Making and resisting sequestration (bankruptcy) applications.
- Defending proceedings for recovery of unfair preferences under the Bankruptcy Act or voidable transactions under the Corporations Act.
Business and Commercial Disputes
- Company, director and shareholder disputes, including actions for oppression and other remedies under the Corporation Act.
- Trusts and partnership disputes.
Building and Construction Disputes
- Payment claims and payment schedules.
- Adjudication applications under the Building and Construction Industry Payments Act (BCIPA).
- Issuing and enforcement of subcontractors’ charges.
- Review and provide advice in respect of options available under building and construction contracts.
Court and Statutory Notices
- Responding or objecting to notices of non-party disclosure.
- Statutory notices issued by the Australian Securities and Investments Commission (ASIC), the Australian Competition and Consumer Commission (ACCC), the Australian Taxation Office (ATO), and other government agencies.
Debt Recovery and Enforcement of Judgments
- Letters of demand.
- Recovery of amounts payable under guarantee
- Examination hearing to examine judgment debtor in relation to their financial position.
- Enforcement action under Court rules, including the issue of enforcement warrants for the seizure and sale of property (real property or personal property), garnisheeing of bank accounts or third party debts, etc.
- Bankruptcy and insolvency action.
Leasing, Property and Conveyancing Disputes
- Recovery of amounts payable under lease.
- Action against guarantors.
- Termination of lease and recovery of possession of premises.
- Conveyancing disputes, breach of contract.
- Assistance to mortgagees, including enforcement action under mortgage, recovery of possession of premises and mortgagee sale of property.
- Applications for appointment of statutory trustee to effect sale of property where owners are in dispute.
Statutory Demands and Winding up Applications
- Issuing of creditors’ statutory demands.
- Application to set aside creditors’ statutory demands.
- Making or resisting applications to wind up.
- Domain name disputes.
- Intellectual property infringement (copyright, trade marks, passing off, misleading and deceptive conduct), including urgent injunctions for anticipated or threatened infringement.
- Making or defending trade mark oppositions and non-use applications.
- Prosecuting or defending trade mark infringement proceedings.