Our team at Elliott May is experienced and knowledgeable in all areas of commercial litigation. We have extensive expertise in the commercial finance and mortgage lending sector.

We have a broad understanding of the legal and practical aspects of the industry. This enables us to effectively guide and advise our clients during the enforcement phase to ensure the best possible outcome. We are well equipped to deal with many of the tactics regularly used by errant borrowers, such as:

  • claims about unconscionable conduct by the financier
  • ‘usurious’ interest rates

Our litigation expertise extends well beyond the finance and mortgage lending sector. Below are examples of matters we have dealt with:

  • Insolvency – acted for directors opposing an insolvent trading claim commenced by liquidators;
  • Insolvency – drafted and negotiated the terms of an asset sale agreement on behalf of the receivers;
  • Bankruptcy – issued Bankruptcy Notices and subsequent Creditors Petitions to have judgment debtors declared bankrupt;
  • Defamation – acted for clients in both issuing and defending defamation actions, including issuing Concerns Notices under the Defamation Act and advising clients on prospects in both bringing and opposing such actions;   
  • Intellectual Property – commenced patent infringement proceedings on behalf of patent holder;
  • Vexatious Litigant – applied to the Federal Court of Australia for a serial litigant to be declared a vexatious litigant;
  • Restraint of Trade – acted for a licensed real estate agent opposing a claim by his former principal for injunctions restraining him from commencing a competing business and for an account of profits;
  • Body Corporate – acted in multiple matters involving disputes between body corporate committee members, the body corporate and owners, the body corporate and caretakers / managers, the body corporate and insurers and the body corporate and third parties;
  • Professional Negligence – issued proceedings against a law firm arising out of negligent advice in acting for a financier;
  • Taxation – acted for a car dealership in objecting to GST assessments and income tax adjustments issued by the Commissioner;
  • Contempt – applied to have opposing litigant found guilty of contempt for failing to comply with interlocutory orders made in a defamation claim;
  • Employment – advised clients in relation to the drafting, interpretation and enforcement of employment contracts;
  • Employment – issued proceedings against a former employee to recover misappropriated funds;
  • Employment – acted for employer client in opposing unfair dismissal claims;
  • Estates – acted for beneficiaries in removing the executor;
  • Insurance – commenced multiple proceedings against certain underwriters at Lloyds for failing to indemnify private lenders.

 

Solutions. Not just advice

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