Kott Gunning’s Litigation & Dispute Resolution team are a highly experienced team focused on achieving the best possible outcomes for clients. We advise public and private companies, government agencies, local governments, small and medium enterprises (SMEs) and individuals. Our goal is to partner with you to consider all commercial and economic implications and strive for the most effective and commercially viable outcome. Our lawyers routinely and successfully commence and defend commercial actions in all courts and various tribunals.
All options to resolution are pursued to resolve matters commercially outside of the court system. Our Litigation & Dispute Resolution team members are highly experienced in and advocate for all forms of alternative dispute resolution, including arbitration and mediation.
Our Litigation & Dispute Resolution team work across all of Kott Gunning’s service offerings to assist with any contentious matters that arise in the Property, Commercial, Building & Construction and Wills & Estates areas.
Our services include:
- Corporate and Commercial disputes
- Mediation and Arbitration
- Contractual disputes
- Major Construction Contracts and Adjudications
- Competition and Consumer Law disputes
- Leasing disputes
- Statutory Prosecutions
- Strata disputes
- Partnership disputes
- Applications for Costs
- Debt recovery and enforcement of securities
- Intellectual property disputes
- Property disputes
- Family provision and deceased estate disputes
Contentious Deceased Claims & Litigation
We are seeing an increasing public willingness to engage in contentious deceased estate litigation, often arising from complex family dynamics, increasing wealth and asset value and the importance of upholding a deceased’s testamentary intention.
Most commonly, deceased Estate litigation involves:
- Contesting a Will under the Family Provision Act 1974
- Challenging a Will, based on grounds of lack of testamentary capacity, a later Will, undue influence or fraud
- Concerns about an executor or administrator’s actions, in complying with the terms of the Will, the law and their duties and responsibilities in acting in that capacity
- Executors or administrator’s complying with their duties and obligations or seeking the Court’s direction about those duties and obligations or distribution of assets
At Kott Gunning we have a broad range of experience in deceased estate litigation, in acting for all interested parties, whether that be for executors, administrators, beneficiaries, applicants or defendants under the Family Provision Act 1974 (WA). Our team can assist with:
- Advice about the validity of Wills arising from capacity issues, undue influence, informal wills or disputes between co-executors
- Contested probate and administration proceedings, including proof of Wills in solemn form;
- Claims under the Family Provision Act, whether that be as an executor defending a claim or as an applicant seeking provision from a deceased estate
- Claims by or against executors and administrators
- Proceeding under the Trustees Act
- State Administrative Tribunal proceedings under the Guardianship and Administration Act in relation to the management of a person’s affairs and the appointment of guardians and administrators
- Superannuation death benefits entitlements and disputes
- Capital gains tax issues arising from estate and trust property
Building & Construction Disputes
Kott Gunning’s Litigation & Dispute Resolution team deal with all types of building and construction claims and disputes.
We represent clients in claims for variations, contract payments, defect litigation, professional negligence matters, contractual claims, subcontractor disputes and claims involving liquidated damages.
We regularly provide advice and representation in security of payment disputes and in relation to building and construction regulatory matters.
In addition to having an in-depth building and construction industry knowledge, our team combine litigation and dispute resolution expertise with an outstanding track record of resolving disputes commercially as well as through formal proceedings when necessary.