Freehills’ Litigation group is one of the largest commercial litigation practices in the world and is widely recognised as the pre-eminent litigation practice in Australia.

We specialise in large or complex litigation and alternative dispute resolution, regularly acting in many of the most significant and complex commercial matters occurring in Australia. In addition, we provide strategic advice to our clients who are either facing or contemplating litigation.

On a day-to-day basis our solicitors can expect to experience a variety of commercial litigation tasks such as:

• drafting or considering pleadings, particulars, interrogatories, evidence (including expert evidence) and subpoenas
• settlement discussions and/or alternative dispute resolution
• trial preparation and attendances at court (particularly Federal Court and Supreme Court where possible)
• advice work such as researching, debating and preparing detailed written advice
• discussions with clients and opposing legal representatives
• communications with counsel, including organising briefs and conferences with counsel
• interviews with witnesses (including experts), and
• the discovery process, including reviewing documents and analysing the effects of discoverable documents.

In addition to our general commercial litigation expertise, our group has particular expertise in a range of areas, including competition law, intellectual property, tax litigation, insurance, product liability, insolvency and corporate regulatory. These areas are further detailed below.

Areas of practice

Competition law

The Competition Law team assists both government and private sector entities with strategic advice in the structuring of transactions to ensure compliance with the Trade Practices Act; providing guidance in dealing with the Australian Competition and Consumer Commission (ACCC); acting in contentious competition matters before the ACCC and the Australian Competition Tribunal; and by advising on competition and regulatory issues facing particular industries.

Corporate regulatory

Our corporate regulatory work includes advising individuals and businesses involved in Australian Stock Exchange (ASX) and Australian Securities and Investment Commission (ASIC) disciplinary and licensing actions, compliance issues arising out of the market manipulation and insider trading provisions of the Corporations Act.

Insolvency

Freehills has wide ranging expertise in the areas of insolvency, reconstruction, asset protection and recovery. We regularly act for insolvency practitioners, the major Australian and foreign banks, national and multinational companies, creditors and foreign law firms advising on turnaround and insolvency-related issues.

Insurance

With an award-winning team of insurance solicitors, Freehills has gained an outstanding reputation working on some of the most significant and complex corporate insurance matters occurring in Australia. Our understanding of the insurance industry, as well as insureds’ businesses, means we can provide effective commercial insurance advice to both insurance companies and to our commercial clients in relation to their insurance and risk management programs and concerns.

Intellectual property litigation

Freehills is widely recognised as one of the leading intellectual property (IP) practices in Australia. The IP Litigation team works closely with our IP Corporate solicitors and our Patent and Trade Mark attorneys to provide clients with an integrated approach to IP—from creation, acquisition and commercialisation through to enforcement of IP rights.

Our practice covers all aspects of IP—patents, trade marks, designs, copyright and confidential information as well as areas that affect the use of IP, such as trade practices, licensing and franchising.

Product liability

Our product liability practice specialises in liability issues with respect to products and financial services. We assist clients in managing the risks associated with product and financial services liability and to handle complex liability and class action litigation and other mass claims to which clients may be exposed. Freehills has more than 40 product liability solicitors located nationally, and has advised and represented clients in some of the most significant and complex product liability and mass tort cases in Australia.

Tax litigation

The tax litigation practice has developed a high-level of expertise in dealing with complex tax disputes, particularly in the Part IVA area of the Income Tax Assessment Act. The team has acted in a number of landmark cases and has successfully resolved a significant number of major disputes on behalf of clients with the Australian Tax Office.