Acting in Clients’ best interest – Our Alternative Dispute Resolution team can help you resolve your disputes without that “day in Court”

Disputes are often intrinsically linked with “combat”, “battle” or “having one’s day in Court”.

Kott Gunning’s experienced litigation and dispute resolution team assists its clients to manage and resolve disputes across a broad range of subjects and areas of law.

However, our team focuses not on the “combat” or the “battle” but on resolving disputes in our clients’ best interests and in a commercial and thereby cost-effective and timely manner.

Our team has by its solution-focused approach recently assisted various clients resolve disputes about many issues by application of its solution-focused approach without becoming intoxicated or seduced by the “combat” or “battle” or the need for that “day in Court”.

Whilst we understand that our team is very experienced, adaptive and excellent at litigation in all jurisdictions and not “afraid” of the “combat” or battle”, we constantly advise our clients in the shadow of that “battle or “combat” about alternatives.

Examples of disputes we assisted our clients resolve, during September to November 2020 include:

  • liquidator’s Federal Court proceedings under the Corporations Act for unfair preference claims, legal costs and interest, involving our client being required to pay to the liquidators more than $2,400,000, plus legal costs and interest;
  • a proposed Federal Court appeal;
  • 3 linked disputes between:
    • a seller of a business and the purchaser company in the Magistrates Court of Western Australia;
    • shareholders in relating to the purchaser company ; and
    • Directors and shareholders in Supreme Court proceedings for orders winding up the purchaser company on just and equitable grounds.
  • a client’s claim for an unpaid debt against Directors under a Director’s guarantee contained in our client’s credit application and its terms and conditions of trade;
  • a District Court dispute involving our client’s claim for compensation for delay of civil construction works and lost profit damages and the Defendant’s counterclaim for damages.
  • a dispute between de-facto spouses relating to an equitable interest in land owned by one of the de facto spouses only, where the matter was out of time for resolution in the Family Court;
  • a claim under the Family Provision Act 1972 (WA) (FPA) in relation to a deceased Estate of approximately $350,000;
  • a claim under the FPA relating to an estranged adult son’s claim for a 50% interest in the land owned at the date of the death of the Deed and gifted entirely to the deceased’s adult daughter;
  • a Landlord and Tenant dispute in the State Administrative Tribunal under the Commercial Tenancies (COVID-19 Response) – Code of Conduct;
  • a Supreme Court dispute involving a claim against our client for in excess of $150,000 resolved on the basis that our client pay only $20,000;
  • a Supreme Court dispute involving a “preference claim” by a Liquidator alleging our client received preference payments of approx. $400,000, resolved requiring our client to pay $50,000;
  • a District Court dispute involving a claim by a Liquidator (our client) alleging unfair preference claims, insolvent transactions and related party transactions of approximately $90,000. Resolved by our client being paid $60,000; and
  • 2 high value Strata Title land claims resolved in our Strata Company and majority Owners favour by withdrawal of the claims.

The old fashioned litigators’ approach to “bragging” about how many trials they have “competed” in is, and likely should always have been, redundant.

We recognise the value of our legal system and the Courts and Tribunals resolving or helping resolve disputes and the risk, threat or promise of a trial to sharpen the approach, but we also recognise the value of the alternatives to trial to gain a worthwhile settlement.

We are dispute resolvers with the knowledge and ability to use all fair methods at our disposal without being the “courtyard bully”.

We can help you resolve your disputes about many issues but will always need your help and your will.

Perhaps Benjamin Franklin coined a phrase:

“there never was a good war or a bad peace”.

That phrase could assist an understanding on the concentration on the solution, peace and not on the “war” whilst remaining willing and able to enter the “combat” or the “battle” to win the peace (settlement).  The ultimate “bragging” rights are to those who win the “peace”.

Our experienced alternative dispute resolution team is ready to help current and future clients resolve their disputes in a cost effective and timely manner – acting in our clients’ best interests.

Please contact us with your personal enquiry, we can help.

Peter Mariotto – Special Counsel –