Litigation & Class Actions 1 - Goldman Law

Successful Litigation Outcomes

Complex & Sensitive Dispute Resolution

Congratulations on reaching this page to help avoid on-line mistakes and pitfalls in selecting leading lawyers for your family law and divorce issues.

FINDING REAL STRESS FREE DETAILS & SOLUTIONS

Go Directly to our Specialist Family Law Information Pages Below

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How to smoothly navigate divorce and separation issues and make sure you are not out of time.

How to maximise our commercial and tax
knowledge for the best
financial settlements.

How to have the best and compassionate legal support for complex children’s issues including international recovery.
How to avoid court and future financial issues and pitfalls when living together. Plan and protect assets.

Outstanding Strategy Plus Hard Work

Underwrite Successful Results

Going to Court Must be a Last Resort for Dispute Resolution.

Our Litigation Practice is diverse and covers areas such as the below:

  • Corporate & Commercial
  • High Risk Individuals & High Risk Professions
  • Inheritance Disputes
  • Insolvency & Restructuring
  • Defamation & Falsehoods
  • Property & Assets
  • Class Actions/Personal Injury 

HOW GOLDMAN LAW REMAINS UNIQUE?

Our Past Success Only Drives our Future Innovation

Specialised knowledge in one topic is ineffective to provide holistic advice. Our litigation, commercial and cross border expertise uniquely enhances our family law approach.
We love representing all clients but there is a limit to how many clients we can properly serve. This approach protects our reputation and allows laser focus on your needs.
Since 2015, we have offered, clear upfront pricing and realistic estimates. Even if our clients sometimes get into financial hurdles, we offer flexible arrangements when possible.
After hours meetings, video calls and portal communication. Most lawyers keep you in the dark only to protect themselves. Our motto is to keep you informed and in the loop at all times.

OUR PAST AWARDS CANNOT GUARANTEE FUTURE SUCCESS

Compassion & Individual Lawyer's Commitments Must Remain Present

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OUR THANKS TO OUR PAST CLIENTS

Read More About Their Experiences

Chel Chappy

I highly recommend Goldman Law. 
Every contact I had with the firm was friendly, professional and understanding.
Jennifer is an outstanding lawyer. I had had a difficult ongoing children’s matter...

Quentin Carmont

A family law matter is never pretty emotions are running hot, everyone thinks they’re right when in reality no one is.
Goldman made the process very easy for me to choose them.
Initial contact with Kim and then a small consultation with Jass there senior lawyer...

Paul Northrop

I have used G&C on numerous occasions for business matters. I have always found them to be incredibly responsive with sound advice. I know that with the G&C team working on my legal matters, it takes the pressure off me and allows me to concentrate on running my business!

Pauline Von Czapiewski

Wonderful team of professionals to deal with from office support to solicitors. Always has a quick response time, and good advice. Incredibly impressed and will be sure to use again in the future...

 

Jane Mac

I have found Goldman’s to be a highly skilled and caring group of lawyers who have guided me many times during periods of uncertainty and stress. I couldn’t do without their considered and professional advice for our businesses.

 

Talia Falo

Goldman & Co handled my case extremely well, gave fantastic advice and overall eased up the tension of the entire situation immensely. I felt they genuinely cared for my well-being and what I am going through so great thanks to them. Would highly recommend...
 

Contact Our Senior People

RISK FREE NO OBLIGATION STRATEGY DISCUSSION

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Zeinab Elzein

A senior family lawyer and General Counsel

10 years +++

Zee is meticulously dedicated, with deep experience and compassion for all her clients In all Australian and some complex international aspects of family law involving children & finances.
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Mathew Nott

A senior lawyer also specialising
in domestic violence.

Matt is outstanding on his feet in court and somehow maintains a 99% success rate. Matt has a laser focus on clients issues with life experience and unique unmatched skills
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Kerry Turner

Clients and
workflows

15 years +++

Your first contact point for everything about us and our lawyers . Kerry is unmatched in her gentle handling and real life knowledge. She controls our lawyers. Compassion, integrity with practical reality.

Aggression, Immediacy, Pressure?

Respect for our Opponents Drives us

Dispute Resolution with a Commercial Focus

Litigation is expensive and is emotionally draining. Every step of the dispute resolution process must be well considered and well thought out. We must work smarter and harder but the commercial end-game is paramount.

Our use of counsel, our involvement of senior lawyers to devise strategy and our relentless commitment to speed and hard work make us an exciting litigation and dispute resolution firm.

We do not take on all matters; we keep our focus on the matters we have and do not overcommit ourselves.

READ OUR Criminal Law NEWS & OUR ARTICLES

Some Extracts From Our Media and Community Pages

DIY Divorce & Separation

Guided Self Help Six Easy Steps To DIY Divorce Keywords: Family Law, Divorce, Divorce in Australia, Divorce Australia DYI | Divorce Separation | Divorce Separation Agreement | Self-Help | legal costs | Lawyers | Family Law | Family Court | Guided Self-Help

Read time : 9 minutes, 22 seconds

Counseling Sessions Revealing Possible Child Abuse and Family Violence

The case of Douglas & Mauldon [2015] FCCA 2217 (17 August 2015) was a Federal Circuit Court of Australia case about parenting matters between the Applicant wife and Respondent husband.  The case involved objections to documents requested by way of su

Read time : 4 minutes, 35 seconds

Court Confirms That Income from a Loan Agreement Is Income for Child S

KEYWORDS: Child Support; Social Security Appeals Tribunal; unreasonableness, WednesburyUnreasonableness, financial resources In Baylden & Anor [2015] FCCA 2886 (29 October 2015), the father appealed against a Social Security Appeals Tribunal (“SSAT

Read time : 2 minutes, 22 seconds

No Magic Formula For Success?

No Substitute for Working Harder and Smarter?

Selecting the best litigation lawyers is almost impossible.

Choose the legal team that connects with your matter and has a deep understanding and awareness of complex litigation. We understand complex structures and complex transactions, this means that we thoroughly understand the key dispute sensitivities and touch points.

Strategy devised from experience, commitment and passion. Going to court is an onerous undertaking, spanning several years. The evolution of an ongoing strategy and excellent communication is a critical aspect of winning the dispute.

Experience & Trust

With deep local and international expertise for over 30 years.

Growing and protecting successful individuals, family offices and business.

Experience & trust built through sheer hard work 

WHEN YOU NEED MORE DETAILS

From Real Family Law FFAQ's (Further Frequently Asked Questions)

I think I am being sued after receiving some court documents. What should I do? What if they have judgment against me already?
  • As soon as you can, get in touch with Goldman Law for advice on the nature and implications of those documents, as well as the best course of action. It’s crucial to act quickly because, depending on the nature of the matter, the law may place limitations on your response time and, in the event that you are absent, a judgment may be rendered against you.

I was subject to a default judgment because I didn’t respond to the claim. Can this be undone in any way?

  • Depending on the situation, it may be possible to have the default judgment overturned so that you can make a claim defence. There is a chance that the other party may take legal action to enforce the judgment against you, so you should get in touch with an attorney as soon as possible.
I owe money to someone, but they haven't paid it. How am I going to sue them?
  • Numerous factors, including the terms of the agreement, the calibre of evidence, any defences the debtor may be able to offer, and a ton more, will determine whether you can successfully sue someone.
  • To get advice on your chances of success, get in touch with a lawyer who has all the necessary paperwork. When deciding whether to proceed, you should consider the costs and risks involved, as well as the potential outcomes, benefits, or drawbacks.
  • Goldman Law can also give you advice on these factors.
  • Even if you are successful, payment is not automatic!
  • People may continue to avoid paying you, so you may need to enforce that judgment through further court processes, or the person may simply not have any money to give you. Goldman Law can advise you on enforcement processes.
  • Goldman Law can also assist with your business structuring and can draft terms and conditions and other engagement documentation for your business to reduce the risks involved with having debtors. Clear terms and conditions can provide you with more certainty and depending on your circumstances, you may have potential options for reducing risk such as requiring guarantees or security.
Recently, my business was hit with an unanticipated tax debt that cannot be settled immediately. How do I proceed?
  • Every year, the ATO shuts down a lot of businesses. This debt needs to be treated seriously. Time is of the essence because there is no guarantee that you will be able to sign up for a payment plan or otherwise resolve it directly with the ATO. Additionally, interest charges and penalties add up quickly.
  • Because the ATO may issue a creditor’s statutory demand in addition to the foregoing, you should get in touch with your attorney for advice and make sure they speak with the accountant for the business as soon as possible. A statutory demand has strict time restrictions and may allow the ATO to wind up your company if it cannot be complied with or set aside in court.
  • You may be at risk of personal liability through director penalty notices issued by the ATO which have time restrictions. You may potentially be liable for various things you did or did not do before your company was placed into liquidation if the ATO is successful in winding it up and a liquidator is appointed.
We are both directors and shareholders of the company having a lot of disagreements and I'm considering leaving my business partner?
  • In this situation, you’ll need to take a lot of things into account. There will be procedures for handling this if your shareholders’ agreement is properly drafted.
  • There will probably be more complications if you don’t have such an agreement in place or have one but it was poorly written. The likelihood of a full-fledged dispute arising is quite significant because emotions can run high in these circumstances, especially since there are friendships and businesses involved as well.
  • These conflicts are frequently messy and expensive, especially if you start acting without seeking the right guidance and before your temper has already flared. As soon as you can, get in touch with a lawyer for advice and send them any necessary paperwork, including copies of any shareholder agreements.
I'm worried as I sent my business to liquidate, the liquidator keeps demanding about breach of directors duties and voidable transactions?

Avoiding trading in a company while it is insolvent is one of the many obligations that company directors have.

  • If you are worried that your business may be insolvent, you should get in touch with Goldman Law right away to get advice on how to lower your personal risks and improve your chances that it can be saved through some sort of administration or scheme.
  • You will receive advice from us regarding your own risks and personal liabilities. Depending on the circumstances of the business, we may also advise you to consult an insolvency practitioner (an accountant who specializes in liquidations and other types of administrations) about the best course of action.

Voidable transactions ‘ and ‘ breaches of director’s duties’. I don’t really understand what this is about. Do I need to pay?

  • There are many types of claims that liquidators may be able to make against directors, former directors and other officers of a company in liquidation. All these claims have different elements which the liquidator must prove in order to be successful, and there may be defences available to you.
  • One set of facts or a certain action or omission by you could potentially give rise to different types of claims against you. You should contact us for advice as to your prospects of successfully defending such claims.
  • As liquidators are tasked with getting in funds for creditors and are generally commercially minded, Goldman Law may be able to negotiate an outcome with the liquidator even if the liquidator has a reasonable claim against you.
  • Directors breach of their duties: Allco Funds Management Limited (Receivers and Managers Appointed) (In Liquidation) –v – Trust Company (RE Services) Limited (in its capacity as responsible entity and trustee of the Australian Wholesale Property Fund) [2014] NSWSC 1251.
  • In this case, the Supreme Court of New South Wales considered whether a director breached their duty to act in the best interests of the company under their care and consequently, whether a conflict of interest occurred.
  • Justice Hammerschlag of the Supreme Court of New South Wales ordered that a Receiver was entitled to rescind (i.e. cancel) the Loan Agreement, Deed of Amendment and the redemption of the $109,687,077 funding units.
  • In arriving at this Decision, we refer to the following comments by Justice Hammerschlag:
  • In reference to the Director’s fiduciary duty to act in the best interests of the company under their care:
  • “The rule is so strictly adhered to that no question is allowed to be raised as to the fairness or unfairness of a contract entered into”; and
  • “Unless the articles of association of the company otherwise provide, a contract made in breach of this fiduciary duty, will be voidable at the option of the company unless the director makes a full disclosure of the nature of his interest in the contract of the members of the company, in general meeting, who must approve the contract by ordinary resolution. A provision in the articles may validate a contract which would otherwise be voidable under the general law.”
  • The practical effect of this Decision meant that the AFML’s loan (the conditions for repayment of which were not likely to be satisfied) was set aside, and AFML’s significant beneficial equity interest in the fund was restored.
Dispute resolution: What is it? What’s the best way to approach dispute resolution?
  • The process of resolving a legal dispute outside of court is referred to as dispute resolution.
  • This can be from formal arbitration to a mediation to general discussions and Calderbank settlement offers.
  • Discourse resolution, which is frequently regarded as a low-cost option, can potentially save time and money by doing away with legal proceedings’ formalities and giving parties more influence over the result. It is possible for disputing parties to meet and discuss the matter in an effort to reach a mutually advantageous conclusion.

How can I determine the best approach to dispute resolution?

  • Negotiation and mediation are typically the first steps in resolving a dispute.
  • When deciding which routes to take, such as your dispute between groups or individuals, it’s crucial to keep your circumstances in mind. Are there any obvious conflicts between the two parties?
  • For example, in a situation where parties are in clear conflict and cannot come to an independent agreement, arbitration will ensure that a solution is decided by an independent party and then handed down to the disputing parties.
  • Mediation is a process in which the participants, with the support of the mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to support participants to reach their own decision.

Role of Mediator

  • Mediators do not advise upon, evaluate or determine disputes. They assist in managing the process of dispute and conflict resolution whereby the participants agree upon the outcomes, when appropriate.

Facilitative mediation and mediation processes

  • Mediation processes are primarily facilitative processes. The mediator provides assistance in managing a process which supports the participants to make decisions about future actions and outcomes. Some mediators may also use a ‘blended process’ that involves mediation and incorporates an advisory component or a process that involves the provision of expert information and advice. These processes are sometimes referred to as “evaluative mediation” or “conciliation”. Such processes may involve the provision of expert information and advice, provided it is given in a manner that enhances the principle of self-determination and provided that the participants request that such advice be given.
  • Jaswinder Sekhon, Goldman Law Principal also has NMAS mediation accreditation.
Why is Goldman Law the best law firm for more complex criminal white-collar or tax defences? Do I need a commercial firm or a specialist criminal firm?
  • At the other extreme, our principal has had over 30 years’ experience in international and local taxation, including compliance, regulatory and white-collar crime is based on financial instruments.
  • Our experience, specialist criminal law firm is not well-placed to deal with financial or many white-collar criminal defence or allegations or investigations. You must understand specialist commercial, financial and tax law to be able to understand the elements of the investigation or the charges.
  • Talk to us for a no obligation discussion to see whether you are the right client for us and we have the right firm for you.

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