Dispute resolution and litigation
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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