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Commercial Litigation

Kekatos Lawyers provides advice to both corporations and individuals in relation to all commercial litigation matters including debt recovery, contract disputes, shareholders disputes, insolvency and bankruptcy. Kekatos Lawyers conducts matters in all jurisdictions, in particular the Supreme Court of NSW and Federal Court of Australia.

 

We understand the systems and processes in place that is required to properly manage a business and conduct risk in your organisation. We listen to your concerns and provide recommendation on what matters to you most in order to ensure we minimise reputational and legal risk,. ​

Practice Areas 

  1. Simple Debts/Debt Recovery: Simple Debts/Debt Recovery involves the process of collecting outstanding debts owed by individuals or businesses. This can include negotiating repayment plans, issuing letters of demand, and pursuing legal action through the courts to recover the owed amounts.​

  2. Statutory Demands: Statutory Demands under the Corporations Act 2001 (Cth) are formal notices issued by a creditor to a debtor company in NSW requiring payment of a debt within 21 days. Failure to comply can lead to the creditor applying to the court to wind up the debtor company on the grounds of insolvency.

  3. Contracts: Contracts refer to legally binding agreements between two or more parties. In NSW, commercial litigation may arise regarding the interpretation, breach, or enforcement of contract terms under the Contracts Review Act 1980 (NSW) and other relevant legislation, necessitating legal intervention to resolve these issues.

  4. Insolvency: Insolvency occurs when an individual or business is unable to pay their debts as they fall due. In NSW, legal proceedings in insolvency may involve bankruptcy for individuals under the Bankruptcy Act 1966 (Cth) or liquidation, administration, or restructuring for companies under the Corporations Act 2001 (Cth), aiming to address and resolve financial distress.

  5. Trusts: Trusts involve the legal arrangement where one party (the trustee) holds and manages assets for the benefit of another (the beneficiary). Disputes in trusts in NSW may include issues of mismanagement, breach of fiduciary duty, or disagreements among beneficiaries, governed by the Trustee Act 1925 (NSW) and other relevant legislation.

  6. Defamation: Defamation in NSW involves false statements made by one party that harm the reputation of another. Legal action for defamation seeks to remedy such harm through damages or retractions, and can be pursued if the statements are proven to be untrue and injurious, under the Defamation Act 2005 (NSW).

  7. Injunction Application: Injunction Applications are requests to the court for orders that either compel or prevent specific actions by a party. This includes freezing orders (to prevent asset dissipation) and removal of caveats (to clear obstacles on property titles), ensuring compliance and protecting interests under relevant NSW legislation and court rules.

  8. Land and Environment of NSW: This includes appealing council stop work orders, challenging development application (DA) decisions, and seeking modifications to existing applications, often requiring negotiation and litigation to resolve, under the Environmental Planning and Assessment Act 1979 (NSW) and other relevant laws.

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