EXPERTISE

COMMERCIAL DISPUTES

Although Australian financial institutions had little exposure to US subprime assets, the global nature of the financial system meant Australia was unable to avoid the effects of what Australians call the global financial crisis. The lack of available credit following the crisis resulted in significant revenue falls and a market contraction. Locally, the Australian Government implemented several market stimuli campaigns.

As the financial markets continue to evolve, financial institutions are working to grow and maintain profits while adjusting to ever-changing regulations and the downturn’s effects on profitability and performance. Successful institutions will need to reassess their operating models and address the effects of competitive dynamics, evolving markets and increased expectations from cautious stakeholders.

We understand the specific needs, challenges and opportunities faced by different stakeholders across the sector. Our lawyers are experts at helping clients to take advantage of opportunities and protect their business interests.

Areas we cover:

Insolvency & Reconstruction

We have worked on numerous complex matters both in the corporate and personal insolvency space. We work with a diverse range of stakeholders offering a distinctly commercial approach to corporations in financial distress. Our clients include, insolvency practitioners, financial institutions, bankrupts, creditors and trustees.

General Commercial Litigation

We take a pragmatic approach to litigation by seeking to narrow the material issues in dispute. This is done through mechanisms available to parties such as issuing notices to admit facts and authenticity of documents; if appropriate, administering interrogatories; identifying questions to be determined separately and before any other matter in issue with a view to early resolution of the dispute; serving offers of compromise shortly after the close of pleadings; and briefing experts before or shortly after the commencement of proceedings.

Business Structure

To obtain the best outcome in structuring any business, our team always starts with understanding our clients’ goals, obtaining the context surrounding the transaction and identifying our client’s potential key issues that will arise in different business structures.

Banking & Finance

Our expertise includes secured and unsecured recoveries, mortgage repossession, fraud and indemnity liability, title and security issues, constructive trust claims, breach of trust, professional negligence, as well as more general commercial disputes in the financial institutions sector.

Bankruptcy

We act for private bankruptcy trustees, accounting firms, financial institutions, public and private companies as well as individuals. Our expertise extends beyond creditor services and encompasses bankruptcy trustee services as well as services for debtors.

Corporate Insolvency

Once a company is placed into external administration, we can continue to act for you in navigating any issues that arise from the life cycle of the external administration. We regularly act for receivers, controllers, administrators and liquidators in a wide range of disputes emanating from the external administration of a corporation. Our aim is to provide sound, commercial advice that guards the best interests of the directors, officers, or creditors, whilst ensuring that all obligations are met by the external administrator.

Corporations

We can provide you with advice on joint ventures, regulatory matters, company law and governance, commercial contracts and the establishment of legal management structures.

Financial Obudsman

All Australian Financial Service Providers are required to be members of an external dispute resolution scheme. The Financial Ombudsman Service (FOS), is one of the most common schemes, whose members include banks, insurers, credit providers and financial advisors.

Debt Recovery

William Roberts Lawyers acts for institutional clients in all aspects of debt recovery, from early demands and payment negotiations through to litigation and enforcement.

“Outsider” councils fly high in High Court decision: ‘direct and far-reaching ramifications’ give rise to relief

In March 2022, the High Court determined that “direct and far-reaching ramifications” of a contractual agreement between the government and two of Tasmania’s major airports

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A Tale Of Two Cities – Derivative Crown Immunity And NSW Ports

In 2013, the State of New South Wales decided to privatise Port Botany and Port Kembla (operated by NSW Ports), and the Port of Newcastle.

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Bank, borrowers and the duty of care to make the right financial decision

Westpac Banking Corporation v Diagne [2014] NSWSC 822 Background The first defendant, Mr Diagne and the second defendant, Mrs Diagne, were restaurant owners and operators. In

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The primacy of the written contract in the Employee vs Contractor distinction

The High Court of Australia in Construction, Forestry, Maritime, Mining And Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 allowed an appeal from the

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The Long Arm Of The (Australian Consumer) Law

In Karpick v Carnival plc [2023] HCA  39, the High Court of Australia extended the extraterritorial reach of the Unfair Contract Term (UCT) Regime in the Australian Consumer

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The “More Competition, Better Prices” Act

On 26 March 2018, the OECD reported that average and maximum penalties in Australia for anti-competitive conduct were substantially lower than those in comparable international jurisdictions such

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Statutory Demands – Why Acting Fast is Important for the Client & Solicitor

Failure to comply with a statutory demand can have serious consequences for a company.  Failure to properly advise on a statutory demand can also have

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How Business Really Works: Sue Me – Litigation in the Modern Business World with Robert Ishak

Duff’s guest today is Robert Ishak, Co Founder, Chairman and Principal at William Roberts Lawyers. William Roberts is a dynamic and innovative law firm with

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Failure of compliance with the Banking Code of Practice makes banks susceptible to a claim for damages

In National Australia Bank Limited v Timothy Craig Rice and Albert Rose [2015] VSC 10, the judge dismissed National Australia Bank’s (“NAB”) claim for $3,878,744.05 plus costs

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High Court Considers Unconscionable Conduct in Asset-Based Lending

In Stubbings v Jams 2 Pty Ltd [2022] HCA 6, the High Court of Australia considered the circumstances in which a non-bank lender acts unconscionably in providing

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High Court Clarifies Position on Worldwide Freezing Orders

The High Court of Australia in Deputy Commissioner of Taxation v Huang [2021] HCA 43 allowed an appeal from the Full Court of the Federal Court of

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Robert Ishak

Principal Lawyer, Director

Bill Petrovski

Principal Lawyer, Director

Carlos Jaramillo

Principal Lawyer, Director

Bruce Cussen

Principal Lawyer

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William Roberts Lawyers

Sydney

Level 22
66 Goulburn Street
SYDNEY NSW 2000

Melbourne

Level 21
535 Bourke Street
MELBOURNE VIC 3000

Brisbane

Level 8
300 Ann Street
BRISBANE QLD 4000

Singapore

Level 19
Singapore Land Tower
50 Raffles Place
SINGAPORE 048623