Dispute Resolution and Litigation

Ellem Warren Lawyers’ directors, Richard Ellem and Ben Warren are among Queensland’s most highly regarded dispute resolution lawyers.  Both have over 12 years’ experience managing a wide range of commercial litigation, including particularly disputes commonly arising in the property development, construction, and mining and resources industries.

Ben Warren is currently one of only 28 lawyers (from more than 9,000 in Queensland) accredited by the Queensland Law Society as a specialist in commercial litigation. He is also a member of the Law Society’s litigation rules committee.

Richard and Ben share a common philosophy in dispute resolution – give control back to the client by:

  • providing clear strategy from the outset;
  • taking control by being proactive;
  • looking for opportunities to resolve disputes before reaching the “doorsteps of court”.

Ellem Warren Lawyers’ senior personnel have often taken on cases that had dragged-on with other firms for many years and achieved results within months that the client had not thought possible.

Experience and Expertise

We have acted for a wide variety of clients, including ASX200 listed companies, small businesses, litigation “virgins”, insolvency practitioners and insurers.  We understand that different clients have differing concerns, resources and objectives, and we plan and communicate accordingly.

The following are few examples of our work:

  • Acting for a range of private enterprises, including mining and construction companies, a credit union and other financiers, insurance companies and property developers in claims for the recovery of debts, breach of contract, negligence and trade practices, including involving guarantees, securities, enforcement and insolvency proceedings.
  • Building, construction and mining based disputes, ranging in value between $10,000 and $59 million, with particular expertise in the use of the Construction Industry Payments legislation, locally and in other jurisdictions.
  • Conducting investigations and public examinations for liquidators of the responsible entity for managed investment schemes with over $90 million of investors’ funds under management; advising in regard to securities and insurance issues, claims available against directors for negligence, misleading and deceptive conduct, and breach of fiduciary and other duties under the Corporations Act 2001, competition and consumer, and managed investment scheme legislation.
  • Acting for and against insurers in a range of commercial disputes, including relating to business loss and interruption, employment and workplace claims, professional indemnity, and negligent investment advice claims, including where cover for an event is denied or the insurer’s rights are reserved.
  • Insolvency and securities disputes, including numerous preference claims, insolvent trading, “shadow director” claims and phoenix activity.
  • Planning and Environment Court litigation, including planning appeals, boundary disputes, and easement and nuisance disputes.
  • Partnership, shareholder and JV disputes.
  • Disputes with the ATO, including tax law interpretation disputes and director penalty or garnishee actions.
  • Intellectual property and trade mark disputes.
  • Defamation and misleading representations, both personal and commercial.
  • Professional negligence, including involving builders, engineers, building certifiers, surveyors and lawyers.