Disputes & litigation
We are experts in dealing with liability claims, professional liability disputes, financial service disputes and Corporations Act claims
Professional liability disputes
BU Lawyers are experts in professional liability disputes against all areas of professionals, including:
- solicitors and conveyancers
- financial professionals
- building professionals
- medical professionals.
What sets us apart is our knowledge of PI insurance and our ability to negotiate with insurers and our experience in this area.
We often seek to resolve disputes without proceedings being commenced. We use offers of compromise as a key step to achieve these ends. We can assess your case and consider its viability to be a pursued.
If legal proceedings are required to be commenced, we are single minded in achieving a result for you.
Insurance broker negligence
Insurance brokers can be held liable if they arrange the wrong cover. Understanding how to run a broker professional liability claim is important given these claims can be particularly complicated to juggle. Our principal lawyer has worked with many of the major insurance brokers in Australia and overseas, both as an insurance broker and Head of Legal. If you are an insurance broker and defending a claim, or believe you have a claim against your insurance broker, we can help.
Financial Advisers and investment disputes
If an investor receives poor financial advice or advice that is inappropriate or misleading they may be able to claim compensation. BU Lawyers is regularly instructed to act in financial advice disputes and financial product disputes and this includes for investors, shareholders, debtholders or financial advisers (licensees and authorised representative) and also their Professional Indemnity insurers.
Due to the potential for loss to the public, financial advisers are required to hold insurance and have processes and procedures to deal with disputes and compensation. This includes Internal Dispute Resolution (“IDR”) and External Dispute Resolution (“EDR”) processes in place. These processes, when triggered, allow for a complaint to be lodged with the financial services industry complaint body, called the Australian Financial Complaints Authority (“AFCA”). The time limit for most complaints is usually two years from the financial firm's final response during IDR, so it is imperative to get advice early and not delay.
There are a plethora of different laws a licensee can breach which may give rise to a 'cause of action' or financial adviser claim. However, it is important to understand which laws will achieve the 'remedy' or result which you want or need. BU Lawyers specialises in financial disputes and can help.
Corporations Act
BU Lawyers deals with a range of disputes under the Corporations Act 2001 (Cth). This includes:
- Disputes between shareholders (also known as members)
- Disputes between members and company directors
- Disputes involving creditors
In relation to disputes between (company members / shareholders), we can assist in claims of oppression. Oppression actions will usually involve preferential treatment of one shareholder or class of shareholders to the detriment of others. BU Lawyers can assist company directors and officers in disputes arising from a breach of their duties.
Debt Collection and Statutory Demands
A statutory demand can be issued to a debtor company requiring it to pay a debt due. It arises under section 459E of the Corporations Act 2001(Cth). A company has to pay within 21 days or face the prospect of insolvency.
We regularly issue statutory demands and defend proceedings against debtor companies. The ways to respond to a statutory demand include:
- Paying the debt
- Applying to a court to set aside the statutory demand. This includes where a genuine dispute exists, if there is an offsetting claim, there is a defect in the demand (this is very important to obtain advice), and other potential reasons
Insolvency
BU Lawyers are experienced in dealing with insolvency matters that arise where a company is unable to pay its debts as they fall due. While companies are viewed as legal persons, insolvency is overseen by the Corporations Act 2001 (Cth) as separate from the law relating to bankruptcy of individuals in the Bankruptcy Act 1966 (Cth).
We have acted for directors, creditors and insolvency practitioners and have a solid understanding of the Corporations Act 2001 (Cth) but we stand out in relation to insolvency in the building industry.
Dispute process
With extensive experience in commercial, and building and construction law, we are committed to providing clear and effective legal solutions.
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