Commercial Disputes

Aptum’s high-performance team work through some of Australia’s most complex commercial litigation matters.

Aptum are specialists in helping clients resolve commercial disputes.  Aptum are experts in getting the best outcomes from litigation.

With a seasoned group of solicitors, barristers, business directors and commercial experts, Aptum has the technical commercial knowledge to deliver winning outcomes across a range of industries.

Shareholder and Partnership Disputes

Shareholder and partnership disputes can arise for a range of reasons, but the priorities are often the same: to enable one party to leave the business, and to do so without causing suffering to the business.

 

Aptum and its team has considerable experience and deep expertise in all disputes relating to shareholders, investors, partnerships and joint ventures, including: oppression claims; partnership dissolution; breaches of fiduciary duties; and misleading and deceptive conduct.

 

Aptum’s financial expertise and considerable experience enables it to identify, understand and manage the critical issues around business valuations. When disputes threaten the continuation of a business, focusing on the most effective and efficient pathway to practical commercial outcomes is essential.

Professional Negligence

Aptum, its directors, and wider team have significant experience in a broad range of professional negligence claims involving financial advisers, auditors, accountants, lawyers and other professional advisors.

 

Through its experience, Aptum has developed a deep knowledge and understanding of the critical issues affecting the scope of a professional’s duties, the difficulties associated with establishing how negligent advice has caused loss, and a proven ability to work with experts to ensure the best possible outcomes on loss assessment and valuations.

 

Aptum is a market leader in facilitating funding solutions to allow claimants to prosecute, or share the risk of prosecuting, professional negligence claims.

 

One of Aptum’s founding values is to provide greater transparency and certainty in the legal profession.  Across various industries, we are frequently engaged to investigate issues relating to fraud, breaches of duty of care, misleading advice, and negligent valuations.

Financial Services and Securities Litigation

Disputes relating to financial services and securities can involve threats to boards, directors and broader members of an organisation.  Similarly, securities litigation can run parallel to internal investigations, requiring deep knowledge of business operations.

 

Aptum and its team has considerable experience and deep commercial expertise in all disputes relating to financial services and securities, including: banking disputes; investment disputes; misleading and deceptive conduct in financial services; and Corporations Law disputes involving product disclosure statements and capital raising.

 

Whether acting for market leading companies, banks, funds, executives, or investors, Aptum’s broad financial expertise enables us to identify, understand and manage the critical issues in complex financial services disputes.

 

Our singular focus on working with commercial clients means our most important consideration is how to achieve the best commercial outcome, whether or not that pathway involves litigation.

Property Litigation

Property involves many stakeholders from planning, development, maintenance, through to sale, which can give rise to a range of disputes.

 

Aptum has extensive experience representing clients in a deep breadth of property disputes, including: property development; commercial lending for property investment and development; joint venture disputes; commercial and retail leases; contracts for the sale of land; easements; rights of carriageway; and other interests in land.

 

Our expertise in financial services and commercial litigation provides an essential complement to the types of issues that arise in disputes involving property investment and development.

 

Aptum and its team have acted on behalf of landlords, tenants, developers, and investors, finding practical solutions to complex disputes, and putting in place strategies to avoid future conflict.

Corporations Law and Directors Duty Disputes

Directors owe statutory duties to a company under the Corporations Act. Disputes involving companies and their directors can have wider implications for the members of an organisation.

 

Aptum, its directors, and wider team have broad experience in a range of disputes involving Corporations Law and Directors Duties – they are among the most common disputes we handle.

 

Aptum’s expertise includes contract disputes; Australian consumer law claims; sale of business disputes; claims relating to director liability and misconduct; claims relating to breaches of confidence and stolen business opportunities; and insurance litigation.

 

Aptum’s capability in early and ongoing risk assessment provides an important focus on only the key issues that bring commercial outcomes, such as determining the value of shares in shareholder oppression disputes.

Complex Debt Recovery

With experience across all forms of debt recovery litigation, Aptum has provided successful debt recovery services to a diverse range of businesses spanning many industries.

 

Our approach to debt recovery is focused on the most commercially viable, cost-effective pathway to recouping debt, and the necessary protections from future debt recovery disputes.

 

This involves an early and thorough analysis of the available avenues to recovery, prospects of recovery, and any impediments, such as voluntary administrations of the debtor, to ensure you are positioned for the best possible outcome.

 

Aptum’s value-based pricing model allows our clients seeking to recover debt an avenue to share risk, and ensure an investment in legal representation is commercially viable.

Trusts + Estates Litigation

Aptum and its team has considerable experience in defending and leading a range of commercial trusts and estates disputes, including family business structures; superannuation and insurance claims; trustee/ beneficiary disputes; trust property disputes; and breach of trust claims.

 

Aptum recently achieved a notable outcome in the Supreme Court, in a dispute between trustees and a beneficiary relating to access to trust documents.

 

Trusts are involved in many commercial disputes.  Aptum applies experience and expertise in areas such as financial services and securities litigation, tax litigation, and Corporations Law to achieve the most effective outcomes in Trusts & Estates disputes.

Government + Regulatory Litigation

Litigation involving Government and regulatory bodies are often fact and evidence heavy, document intensive and technically complex disputes to manage and execute.

 

Aptum’s leadership team have experience acting on the team of solicitors assisting the Royal Commission into the Management of Police Informants, on joint taskforces such as Project Wickenby and the Serious Financial Crime Taskforce, and in large scale competition law disputes.

 

Aptum’s wider team are experienced in complex commercial litigation on behalf of various Government bodies, departments and agencies, as well as for companies responding to investigations.

 

Our familiarity with the Australian Taxation Office (ATO), the Australian Securities and Investment Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC) enables us to advise on the most effective course of action when investigations seem likely, and respond strategically when notices are issued.

 

As a litigation-only firm, Aptum’s expertise in trial has seen us work with many companies in contested hearings, including appealing regulatory and administrative decisions to the Administrative Appeals Tribunal (AAT).

Class Action Disputes

Class actions can be a powerful legal instrument for pooling resources and sharing risk in large scale disputes involving multiple parties.

 

Aptum’s experience in large scale, complex litigation enables us to advise on class actions spanning many industries, and on the various roles a party can play in protecting or pursuing legal and commercial interests.

 

Our focus on early and ongoing assessment of risk in complex litigation is an essential complement to class action litigation.  Identifying the most effective and efficient legal pathway is particularly important in disputes where there are many parties and legal issues at play.

 

With the capability to work with claimants, respondents and funders in a class action dispute, Aptum has a strong handle on the strategies leading to successful class action outcomes.

 

Aptum has strong relationships with litigation funders, and our capability to offer value-based pricing enables our clients to share risk in even the most complex class action disputes.

Executive Employment Disputes

Aptum has experience with types of disputes involving employment agreements and termination, including: negotiating payouts; equity; dismissal and disciplinary investigations; and restraints of trade.

 

Aptum acts for employers, CEOs and senior executives, blending experience from diverse corporate and commercial environments.

 

We understand that many clients facing executive employment disputes seek to ensure an ongoing career, and factor these priorities into strategies for resolution.

Get immediate clarity
on your commercial
dispute.
CONTACT APTUM NOW