Dispute Resolution

Dispute Resolution

Building and Construction

The process of completing the construction of a building or engineering project is a complex network of resources, skills, materials and relationships. When the construction process breaks down, or when defects appear we provide strategic advice for efficient dispute resolution, focussed on your desired outcomes.

We act for developers, construction companies, builders, institutions, architects, engineers, other consultants, government as well as commercial and residential property owners.

We can assist with:

• Enforcement of contracts.
• Disputes with contractors and professionals.
• Liability claims.
• Interpretation issues.
• Construction Contracts Act claims.
• Weathertight Homes claims.
• Remediation work.
• Loss adjustment.

Dispute Resolution

Commercial and Civil

Commercial litigation relates to disputes in business. These come in many varieties and can often be tricky to deal with because of the relationship between contracts and the general law. There are also considerations of confidentiality that usually need to be dealt with, and other commercial sensitivities. Morrison Kent has strength both in our litigation resources and also our commercial law resources. These strengths combined make sure that any commercial dispute resolution is handled properly, sensitively and efficiently.

General civil litigation relates to disputes between people. These also come in many different varieties, and can have quite different pressure points to other forms of litigation. Understanding and sensing those pressure points is an essential part of any civil litigation strategy. With our varied experience and depth of talent, Morrison Kent can assist you with the right strategy for any civil litigation that you are involved in or contemplating.

Talk to us about:

• Contractual disputes.
• Shareholder disputes.
• Corporate actions.
• Minority relief applications.
• Negligence claims.
• Liability for acts of employees.
• Agency claims.
• Nuisance claims.

Dispute Resolution

Debt Recovery

Chasing payment and resolving disputes over debt can be time consuming and costly to business. We have the expertise and knowledge to tailor our services to your needs. Whether you are a commercial entity that requires regular and ongoing assistance or an individual who requires one off help, our debt recovery team will listen to your needs and timeframes and provide clear advice as to the options and processes.

Talk to us about:

• Options for debt recovery and the importance of prompt action.
• Robust practices and procedures to avoid the need for debt recovery.
• Making or defending claims in the District Court or High Court, in relation to summary judgment, bankruptcy, liquidation, repossession of assets, sale orders, and enforcing guarantees.

Dispute Resolution

Trusts and Estates

If you have been left out of a Will, or feel that you have not been adequately provided for, we can establish whether it’s possible to challenge that Will. We act for both estates and potential claimants and have the expertise to guide you through the process, providing advice throughout in respect of any potential claims. We have extensive experience in the High Court involving claims by and against trustees, and acting for beneficiaries of estates.

Talk to us about:

• Making or defending a claim, whether under the Family Protection Act, Law Reform (Testamentary Promises) Act and/or the Property (Relationships) Act.
• Time limits for making choices and claims.
• Challenging the validity of a Will or validating a document as a Will.
• Beneficiary rights under Estates and Trusts, including provision of information, and making or defending claims against trustees.

Dispute Resolution

Weathertight Homes

We understand that the issues arising from leaky buildings and weathertight issues can be complex. In order to successfully manage weathertight disputes expertise in various areas of law is required. Morrison Kent has extensive knowledge and experience not just in weathertight issues but also in property law, construction disputes and insurance law. These skills together give us a unique ability to advise and represent you in resolving all aspects of a weathertight home dispute.

Whether you are involved with a weathertight property as an owner, contractor, body corporate, insurer, consultant or other professional we can assist you in achieving resolution and the outcomes that suit your needs.

Talk to us about:

• What to do if you’re involved in a weathertight property dispute.
• Assessing and filing a claim or defending a claim.
• Timeframes for making a claim.
• The Weathertight Home Resolution Service.
• Options for resolving disputes and the practical solutions.

Dispute Resolution

Health and Safety

When accidents happen in a work place, we understand the consequences can be far-reaching for victims, their families and businesses. If you or your business are involved in a workplace accident, we have the knowledge and experience to provide an immediate and expert response. We advise as to the actions that should be taken immediately following the accident and in working with Worksafe, including the response to and defence of any prosecutions. We assist a wide range of clients, including school boards of trustees and businesses of all sizes.

We can assist with:

• Early advice, to ensure the right actions are promptly taken in response to the accident.
• Responding to and defending Health and Safety Act prosecutions.
• Health and Safety audits and compliance.

See also Health and Safety.

Dispute Resolution

Property Ownership and Leases

Property disputes can be some of the most stressful, and come in many different forms. Whether based on ownership, leases or something else there are often very complex considerations that need to be taken into account and no two situations are the same. At Morrison Kent we have great depth of resources and experience in this area. We have the skills required to explain complicated matters in a way that you can understand easily, and have the experience needed to guide you towards the best possible outcomes in an efficient and focussed way.

Talk to us about:

• Lease disputes
• Claims for make good
• Property ownership disputes
• Covenant interpretation
• Landlocked land claims
• Partitions
• Applications to Court for easement/covenant modification
• Wrongly placed structures

Dispute Resolution

Urgent Actions (Injunctions)

Sometimes urgent relief is required to prevent an act from taking place or to ensure it happens. Our expert litigation lawyers can assist with urgent applications to the courts for injunctions which may be necessary to protect your position.

Talk to us about:

• Filing or defending an application for an injunction.
• Applying for a freezing order, or defending this type of application.
• What other interim relief might be available to you.

Dispute Resolution

Media and Entertainment

Our experience covers a wide range of media and entertainment related issues including broadcasting and advertising standards, intellectual property and copyright protection and infringement, and defamation.

We can assist with:

• Advising and representing you whether making or defending a claim.
• Advising on developments in the area of publishing and defamation to minimise potential risk.
• Resolution of complaints.