Litigation & Dispute Resolution

Team Leader

David Farrell

Partner

Contact Details

    

Phone: +61 2 9267 7311  
Email: david.farrell@gfm.com.au


Interviews by arrangement at:

Sydney City

Canberra

Chatswood

 

Hornsby

 

Mosman

Newcastle

North Turramurra

 

Parramatta

We can advise and assist on all aspects of commercial or insurance disputes. Our approach is to attempt to resolve disputes on a commercial basis where possible with extensive use of private negotiations and alternative dispute resolution. Where this is not possible Goldrick Farrell Mullan can provide a cost effective litigation service to enforce our client’s rights. 

We are able to offer these services and representation in Sydney, Canberra and regional New South Wales. Our solicitors have significant experience in advising on and conducting a wide range of commercial and insurance litigation.

Class actions

We have experience acting for parties in class actions before the Federal Court of Australia. We acted for one of the Respondents in the major class action that followed a ban by Japan on Australian beef imports as a result of pesticide contamination of cattle feed.

Collaborative Mediation

We can offer representation by experienced mediators in this exciting new area of alternative dispute resolution.

Construction cases

We have strong experience in construction cases having acted in disputes surrounding failed concrete pours, asbestos-contaminated buildings, commercial buildings losing external cladding, failure of architectural features, damage to heavy construction equipment whilst in transit and cross support claims for adjoining building sites.

Contract disputes

Our solicitors are also experienced in drafting and negotiating a broad range of commercial agreements for our clients enabling us at an early stage in contract disputes to assess and enforce the rights, obligations and expectations of the parties. 

Goldrick Farrell Mullan understands the requirements and demands within a competitive marketplace and has developed dispute resolution strategies accordingly. We are able to resolve disputes arising from employment contracts, building contracts, contracts of carriage, Bills of Lading and insurance contracts.

Coronial Inquests

Many individuals and organisations may, on occasion, need representation before the Coroner’s Court in the cases of accidental deaths or fire inquiries. Although rare, these proceedings can have serious consequences for the parties involved. Legal advice should be sought at an early stage to protect clients from incriminating themselves or invalidating their insurance policies. One of our partners has held a commission as a Coroner for the State of New South Wales and has experience in the conduct of inquests and fire inquiries. We can provide advice and representation in this area.

Environmental claims

Our litigation experience includes environmental claims as varied as atmospheric pollution from power stations, acid spills, and petrol leakage from petrol station tanks polluting the water table. We have successfully obtained court orders for the removal and disposal of asbestos waste. We regularly advise large corporations and building owners as to their obligations in relation to asbestos contaminated buildings and industrial sites.

Injunctions

We are aware of the need to seek injunctive relief to protect our client’s interests. Often this requires urgent ex parte action before a Judge in Chambers. During the course of court cases we are often required to apply for stays of proceedings or declaratory orders. 

Our professionals have been involved in such cases as seeking injunctive relief against a well known rock band in the middle of an Australian tour. We have also advised in relation to taking out injunctions against a major publicly listed Australian company attempting to remove assets offshore. During the NRL Super league period we advised certain Rugby League players and managers in relation to threatened injunctive action.

Litigation Support & Technology

Goldrick Farrell Mullan has developed cost effective systems and teams for handling large scale discovery of documents. This extends to matters where Goldrick Farrell Mullan is running the litigation or where a company may choose to handle the litigation matters in-house but need document handling and indexing support. The firm has extensive archive space available to house documents involved in large cases. We have well-trained staff and researchers available to scan, index, copy and recall documents using microfilm reader/printer facilities and computer databases.

Major Infrastructure Litigation

Major infrastructure disputes such as contract breaches during construction, non-compliance with completion dates, defective designs and negligent work practices have the potential to cripple an organisation’s profitability. The actions of third parties can also have serious results for project partners. We have both the strategies and the experienced personnel required to deal with major or catastrophic claims. 

In addition to disputes between the project contractor and their clients we have experience resolving major claims arising out of the actions of third parties. We have been retained to act in relation to several major train derailments. We have acted for electricity authorities in overhead power line cases as well as for contractors and insurance companies in cases involving damage to underground cables on large housing subdivisions. We have been successful in claims against major international engineering firms based upon negligent design of power station plant, unsafe work practices and boiler explosions during rehabilitation work.


Mediation

Several of our staff are accredited as Mediators and Conciliators. We have wide experience in all popular forms of Alternative Dispute Resolution and can represent parties involved in arbitration, conciliation or mediations.

Occupational Health & Safety Prosecutions

We have advised major government authorities and large private corporations on a range of OH&S issues. We can arrange Court representation for individual managers and directors as well as corporations in OH&S prosecutions. We also conduct OH&S audits in association with consultants in various industrial fields.

Property damage claims

We have special expertise in cases involving fire damage to buildings and motor vehicles. What first appears to be accidental can upon proper forensic investigation turn out to be arson. Serious criminal and insurance issues can arise in these matters. We have an outstanding record for our insurer clients in these types of cases. 

Our experience in this field extends to cases involving property damage to building sites, shopping centres, parks, clubs and houses. We also act for fleet managers and insurers in motor vehicle recovery actions and proceedings with respect to goods damaged or stolen in transit and lost or stolen from depots.

Trade Practices Act Claims

The Trade Practices Act impacts on nearly all aspects of doing business in Australia. We can advise on competition and consumer protection law issues and can also represent clients both in prosecuting and defending proceedings relating to breaches of the Trade Practices Act and its equivalents under state law. 

We have experience in a wide range of cases involving misrepresentations in contracts, fraudulent misrepresentation, breaches of the Fair Trading Act and Trade Practices Act Section 52 claims. We are particularly experienced in the restrictive trade practices area and the potential anti-competitive effects of supply, licensing and distribution arrangements concerning intellectual property rights.