LITIGATION AND DISPUTE MANAGEMENT
We strive to avoid adversarial conflict when it is in our
clients’ best interest. However, when litigation is
necessary, AGS provides independent, objective advice and
the nation’s largest, coordinated litigation service
of around 300 litigation specialists. We have acted in most
of the largest common law and commercial disputes in which
the Australian Government has been involved.
AGS offers outstanding litigation expertise in major areas
that impact on Australian Government clients:
- constitutional law
- administrative law
- migration
- major commercial and contract litigation
- employment and workplace relations, including public
sector employment and disciplinary matters
- discrimination
- privacy and freedom of information
- tax
- competition and trade practices
- intellectual property
- information technology
- insolvency and recovery
- enforcement of statutes and civil regulations
- insurance
- negligence and other claims
- workers’ compensation.
We can provide the full range of litigation services. These
include strategic review and legal analysis; case management
strategies; gathering and analysing evidence; preparing statements
and affidavits; addressing all interlocutory matters such
as case directions and document disclosure and acquisitions;
court appearances; and representing clients in settlement
conferences and/or court mandated mediations.
Increasingly, our clients are entitled to be indemnified
for the wide range of claims and disputes they encounter,
in accordance with Comcover arrangements. With our extensive
knowledge of these arrangements and the extent and terms
of indemnity provided by Comcover, we help clients to manage
issues such as notification and indemnity. We also act in
many claims under the Comcover arrangements.
Our exceptional and cost-effective service is based on both
the quality of our legal skills and our service capability.
Some of our strategies for the cost-effective conduct of
litigation include:
- strategic assessment, planning and case management
- flexible resource planning and utilisation
- innovative and appropriate technology support solutions
- strategic involvement of counsel or in-house counsel.
Because we have acted in most of the largest litigation
projects in which the Australian Government has been involved,
we have extensive expertise in managing major and sensitive
litigation projects, including:
- bringing together multi-disciplinary teams
- working with a number of Australian Government stakeholders
who have similar interests
- managing the logistics of litigation in remote or geographically
diverse locations
- applying appropriate technology to support litigation
- managing resources through multiple phases of litigation.
We recognise that avoiding litigation is often in the best
interest of our clients. Therefore we are committed, where
appropriate and feasible, to the use of alternative dispute
resolution procedures. These include mediation and arbitration
to encourage the speedy and cost-effective resolution of
disputes.
Also see Administrative
law, Constitutional
law, Migration, Alternative
dispute resolution, Negotiations and Advocacy.
See Express
law No. 34 ‘The Legal Services Directions 2005’ 27
February 2006, Litigation
notes No. 13 29 November 2005, Legal
briefing No. 75 ‘Implied undertakings in litigation’ 14
September 2005, Legal
briefing No. 78 ‘Natural justice and the “hearing
rule”’ 14 July 2006, Litigation
notes No. 14 29 November 2006.
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