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Dispute Resolution

As a general strategy we don’t recommend that our client’s proceed with litigation. It is timely, costly and involves precious time spent away from your business & families.

But there are some occasions where client’s need to enforce a contract or defend a position in order to achieve its commercial objectives.

We assist our clients with:

  • Commercial Disputes;
  • Intellectual Property litigation;
  • ICANN Complaints; and
  • Franchise Disputes.

At Bayard Lawyers we have successfully prosecuted and defended proceedings for our clients in both NSW and Victoria.

What you said

Jacinta has acted as my lawyer for some years now & her work has been consistently excellent. Not only is Jacinta a lawyer who knows the law backwards she has a great understanding of business & human nature which allows her to find practical solutions to the most throny legal problems.

Phil Benedictus | Director, Benedictus Media

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Dispute Resolution: A Case Study

The Business

Our client is a leading Australian pharmaceutical and licensed contract manufacturing facility, specialising in complementary medicines and health food products for both local and export markets.

The Challenge

In the company’s growth phase the challenge was to manage cash flow, ensure that debtors were kept to a minimum and to secure the companies’ market share in both the Australian and overseas markets.

As an emerging pharmaceutical network and large employer, our client required specialised advice in relation to the collection of a substantial debt from a supplier.

Bayard Lawyers’ strategy was to commence proceedings against both the supplier and director of the supplier company. This was significant as the supplier company was later placed into liquidation and the director had assets to partly secure the judgment debt.

The Outcome

A judgment was obtained against both the supplier company and its director and Bayard Lawyers successfully defended proceedings commenced by the director to remove himself as a judgment debtor from the judgment.

Our client has now been re-paid part of the judgement debt, including legal costs and interest by the judgment debtor. As an additional benefit and to repay the remainder of the judgment debt, Bayard Lawyers negotiated a deed of assignment of trade mark owned by another company controlled by the director to transfer ownership rights to a leading brand name in Australia.

As part of the overall review of the business, we also reviewed our client’s documentation and processes to ensure this situation does not happen again.