Litigation
There are legal ramifications for each and every business transaction.
If you or your business are adversely affected by the actions of another you need to know where you stand – what are your legal rights and obligations?
What are your rights and obligations in contract, tort, equity, statute or a combination of these?
Every dispute is different and when genuine attempts to resolve a dispute fail or a wrong doer refuses to take responsibility for their actions, then litigation becomes an appropriate process to consider.
In our adversarial legal system, you are dependent upon the skill of your advocate. Troy Peisley is a Lawyer and Chartered Accountant with the ability to get to the pith of the legal issues and garner the best evidence to support or refute the allegations and strengthen your case.
Some of the matters that Troy has acted for parties in the past include:
• Breach of contract (joint venture, shareholders, supply, loan, guarantee)
• Breach of fiduciary duties by trustee
• Breach of director’s duties
• Breach implied duty of due care and skill
• Shareholders dispute
• Misleading and deceptive conduct
• Employment disputes
• Debt recovery
• Breach of trademark and copyright
• Taxation disputes
• Negligence
• Insolvency and setting aside antecedent transactions
For further information as to the matters Troy has been engaged please see: Litigation and legal Services (Since 1996)
Do you need to update your dispute resolution clauses?
Many commercial agreements include dispute resolution clauses which provide for the President of certain organisations to nominate an expert (or read more
Refusal to sign expert’s retainer agreement will not derail Expert Determination process
When an expert is appointed to prepare a determination or a mediator is appointed to mediate a dispute, a retainer read more
Alleging bias against an expert? People in glass houses shouldn’t throw stones.
There are many reasons why parties provide for the determination of an issue by an independent expert. They usually come read more
Expert Determination Seminar: Your Essential Guide
On 3 September 2012, Troy Peisley is presenting a seminar to practitioners on the topic of Expert Determination. See the read more
Blended mediation: Using facilitative and evaluative approaches to commercial disputes (2012) 23 ADRJ 26
My paper titled Blended mediation: Using facilitative and evaluative approaches to commercial disputes appears in the February 2012 edition of read more
The Arbitration case of Westport Insurance Corporation v Gordian Runoff Ltd [2011] HCA 37
For those involved in domestic commercial arbitration, the recent High Court decision enlivens debate as to the finality of arbitration read more
Impugning Expert Determination (2011) 22 ADRJ 247
My paper titled Impugning expert determination: When does an error justify setting aside a determination? appears in the November 2011 read more
Awaiting on the High Court’s decision in Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011]
In February 2011, the High Court in Australia heard the case of Shoalhaven City Council v Firedam Civil Engineering Pty read more
The wait and see approach to dispute resolution
The NSW Attorney General, Greg Smith SC, announced on Tuesday, 23 August 2011, that the Government will postpone the introduction read more
Litigation and legal Services (Since 1996)
Since 1996, Troy Peisley has been acted for parties in commercial disputes. Troy’s experience in commercial litigation includes: Supreme Court read more
