::SERVICES

Commercial Litigation

Craddock Murray Neumann’s highly experienced litigators, including Partners Julian van Leer and Dominic Wilson, have acted in thousands of cases before all State and Federal Courts involving claims by and against private litigants, government departments, banks, insurance companies, liquidators, creditors, debtors, trustees and so on.

• contract disputes
• corporate management/breach of director’s duties issues
• misleading and deceptive conduct litigation
• building cases
• enforcing (and resisting enforcement of) Deeds of Release, mortgages, guarantees, charges etc
• enforcing judgments (writs, garnishees, examinations, instalment orders etc)
• insolvency law - company winding up and bankruptcy proceedings, creditor’s meetings, proofs of debt, examinations of bankrupts and company officers, making and defending claims for “clawing back” assets, preferences, void dispositions and insolvent transactions
• debt recovery actions
• obtaining urgent Court orders to preserve assets - ”Mareva” Injunctions
• Industrial Relations Act matters including re-writing unfair contracts
• partnership and joint venture disputes
• intellectual property disputes
• litigation arising from government regulation/decisions by government departments. 
• Court of Equity/Commercial List work including:
  • actions based on unfair contracts, undue influence, fraud, unconscionable conduct
  • enforcement and rectification of contracts
  • applications relating to the exercise of powers of sale by mortgagees
  • trusts implied by law (resulting and constructive trusts)
  • actions relating to the tracing of trust assets
  • dissolution of partnership proceedings
  • insurance disputes.

If you have been left out of a Will, or not properly provided for, you may have a claim under the Family Provisions Act 1982 (FPA). 

• a spouse of the deceased, including a de facto spouse and a person living in a domestic relationship with the deceased at the date of death (that relationship can be a same sex relationship)
• a child of the deceased
• a former spouse of the deceased
• a person who was dependant on the deceased
• others including a member of the household of the deceased.

If you are in business, you need a lawyer with sound commercial law experience who understands your legal needs and the implications for your business.

• business structures
• company incorporations
• company reconstructions
• formation and dissolution of partnerships
• purchase and sale of business
• contract drafting, including commercial, joint venture and partnership agreements
• drafting guarantees, mortgages, charges and other security documentation
• documenting company administrations
• trusts - unit and discretionary trusts
• asset protection advice
• due diligence assessments
• advice on corporate governance.

Click here for more information about assets, business structures and risk analysis/advice.

Divorce, property, support, de-facto relationships, children, adoptions

When family and de-facto relationships break down you need practical advice about the legal issues which affect you, your children, your property and your income. Headed by Accredited Specialist in Family Law, Gillian Wright, our family law team has the experience and expertise you need to guide you through the process and achieve the best results for you.

• pre-nuptial agreements
• divorce and nullity proceedings
• children’s issues including parenting orders, residence orders, contact orders, experts’ reports, representation of children, parenting plans, care and protection issues, child  welfare/abuse issues, abduction of children, child maintenance and child support, State child welfare laws, Children’s Court matters,
• adoption law  matters
• paternity/parentage issues
• registration and enforcement of overseas orders
• applications for spousal maintenance, maintenance agreements
• property orders – contested and by consent
• superannuation, income tax, capital gains tax, stamp duty, GST and other related issues
• bankruptcy issues in family law
• stamp duty issues
• urgent orders including custody/children issues, exclusive use and occupation of the matrimonial home, preserving assets of the marriage, restraining flight from jurisdiction
• enforcement of orders/contempt proceedings
• costs issues
• social security, Corporations Act, family trust and family maintenance,
• mediation and collaborative family law  that avoid the need to go to Court
• claims based on constructive trusts, presumptions of advancement and equitable doctrines in domestic situations
• de facto relationship matters including property disputes/settlements
• cohabitation and separation agreements
• binding financial agreements
• domestic violence issues
• Family Provision Act matters
• will-drafting following separation.

At Craddock Murray Neumann our experienced criminal lawyers are available to provide advice and representation.

• “white collar” offences
• serious offences involving gaol terms
• motor vehicle offences including drink driving and culpable driving offences
• larceny/fraud charges
• Children’s Court matters
• Coronial Enquiries
• hearings before Statutory Tribunals such as:-
  • the Independent Commission against Corruption – ICAC
  • the Police Integrity Commission – PIC

• your licence and car registration details
• information about who was driving

Craddock Murray Neumann Lawyers has a diverse and expanding practice which delivers quality legal services in debt recovery, bankruptcy and insolvency law.   Our team of senior litigators, headed by Julian van Leer, can provide sound, practical advice on potential remedies, the costs and the risks involved in protecting your legal rights.

• obtaining default judgments
• conducting defended hearings
• covering costs
• drafting and enforcing
  • deeds of release,
  • security documentation, e.g. mortgages, guarantees, fixed and floating charges
• enforcing judgments (writs, garnishees, examinations, instalment orders etc)
• litigation over guarantees, mortgages, charges, property interests
• insolvency law:
  • company winding up
  • bankruptcy
  • post-liquidation/bankruptcy actions e.g. creditor’s meetings, voting, proofs of debt, examination of bankrupts and company officers
  • making and defending claims for “clawing back” assets, preferences, void dispositions and insolvent transactions ASIC investigations
  • recovery of assets
  • setting aside voidable transactions
  • acting for liquidators and trustees in relation to examinations of directors and bankrupts
• if you are in business or are facing creditors, advising you on your risks and liabilities;
• obtaining urgent Court orders to preserve assets/”Mareva” Injunctions
• litigation over breaches of directors duties
• Trade Practices and Fair Trading Acts claims
• Industrial Relations Act matters including re-writing unfair contracts
• negotiated settlements/mediations.

Through our work in business law, the team at Craddock Murray Neumann has extensive experience in structuring businesses.

 

The law treads a fine line between making people liable for the consequences of their actions – e.g.  the law of negligence – and encouraging enterprise and risk taking – e.g. allowing business people to use companies to limit liability and discretionary trusts to distribute wealth when it has been created.

 

 

The framework which the law provides to encourage entrepreneurial activity and to structure the holding of assets, allows us in conjunction with your accountant to give practical advice based on years of experience  on the following:

• limited liability (Pty Ltd) companies
• corporate structures
• estate planning
• structures for the holding of assets and distributing income
• insurance
• discretionary trusts
• superannuation
• indemnities
• guarantees
• securities

Our work in insolvency law also gives us an in-depth knowledge of the risks which those in business face. 

If you are in business, partner Julian van Leer and his team of senior solicitors are available to advise you on:

• the risks company directors and partners face
• the risks posed by the law of negligence and government regulation
• contractual and fiduciary liability
• liabilities of guarantors, mortgagors etc. 

Many of these risks will depend on the industry you work in.

We can also put you in touch with accountants, licensed financial planners, highly experienced and good-value barristers, company liquidators, bankruptcy trustees and other specialists. 

Further information

 

Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service.  Dominic will direct you to an experienced lawyer who can assist you.

At Craddock Murray Neumann Lawyers we have a team of highly qualified administrative lawyers with many years of experience in advising government and private clients about rights to challenge government decisions. Headed by Julian Van Leer, our team’s experience in this field is comprehensive and is usually only found in the large CBD law firms.  Our team includes lawyers with public sector experience at senior levels.

 

We currently work for a number of large clients in this field, and are on the panels of a major insurance company, a number of State and Commonwealth Government departments and some highly successful private companies which rely on government licenses to operate their businesses.

 

We provide advice and representation on a variety of matters where the statutory framework determines rights and obligations.

 

Our work for private individuals has included matters where medical procedures and health issues were involved, work for educational institutions challenging government decisions relating to their operations, and numerous decisions challenging the exercise of discretions by government.

 

The services we provide in this field include:

• challenging government/departmental decisions where:
  •  “natural justice” has been denied, or
  • unfair decision making processes have been adopted
• anti-discrimination cases
• equal opportunity cases
• Freedom of Information
• other areas covered under our commercial and immigration practices

As a medium sized firm we have the skills and experience to provide sound advice and representation and value for money.   Our lawyers work to ISO (International Standard Organisation) approved quality standards. 

 

Further information

 

Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service.  Dominic will direct you to an experienced business and commercial lawyer who can assist you.

The field of intellectual property is becoming increasingly complex. Businesses and individuals need to protect their right to intellectual property and understand the options available to them to do so.

 

At Craddock Murray Neumann we can assist with advice on protecting intellectual property and on reducing the risk of infringement. We also provide legal representation in the event of a breach of intellectual property rights.

 

We provide advice on:

• copyright protection
• patents
• designs
• trademarks 
• business names
• licensing and assignments
• IT contracts
• franchising
• litigation arising from infringement of intellectual property rights 
• confidential information

Further information

 

Contact our Managing Partner, Dominic Wilson on  (0... or by email at dwilson@craddock.com.au for friendly professional service.  Dominic will direct you to an experienced lawyer who can assist you

Buying or selling a residential or commercial property is a significant commitment.  For some people it is the most significant transaction they will ever undertake.

• explain the issues involved in the sale or purchase of your property
• explain the difference between buying or selling by Public Auction or Private Treaty
• tell you what costs are involved including stamp duty
• advise you about your Contract for Sale
• advise you about and negotiate special terms and conditions for the sale or purchase of your property
• attend to your lenders' requirements
• organise searches and enquiries to ensure you get what you think you are buying
• ask the seller the right questions about the property being sold
• organize settlement

• Torrens Title
• old system conveyancing 
• company title
• rural land
• commercial and industrial leasing
• residential leasing
• leasing disputes
• easements, covenants and disputes over easements
• property development and associated aspects such as:-
  • options
  • acquisitions
• Land & Environment Court Appeals and Applications
• liquor licensing and conveyancing
• sale and purchase of business
• Strata Title disputes

Craddock Murray Neumann Lawyers has a diverse and expanding practice which delivers quality legal services in negligence law including:

• “insurance declined” matters
• negligence by professionals (such as medical professionals)
• negligent injury to and interference with property interests
• all other negligence claims.

• a claim arising from a loss you suffer as the result of something which someone else should (or should not) have done
• suffered loss as a result of the carelessness of another person – for example, a negligence claim
• suffered loss as a result of a government department failing to carry out a statutory duty 
• suffered loss because an insurance company refused to pay a claim .

At Craddock Murray Neumann Lawyers we offer expert advice and representation in the field of medical and health law.

 

Our experienced team of lawyers includes Julia Sweeney, a litigator who previously worked in the medical/health industry where she gained postgraduate qualifications in nursing, health management and emergency medicine and seven years’ clinical experience.  Julia has acted in numerous Court actions where her knowledge of medical procedures and ability to source evidence about those procedures has proved invaluable, including inquests and disciplinary matters involving medical practitioners and health professionals - cases drawing on Julia’s skills as a lawyer, her forensic and investigatory skills and her medical knowledge. In recognition of her medico-legal experience, Julia has now been appointed as a member of the St Vincent’s Hospital Health Research Ethics Committee.  

 

We can provide advice and representation in the following areas:

• privacy of information issues
• advice on medico-legal issues including access to clinical records, etc
• Inquests/coronial enquiries
• issues regarding care received
• ICAC enquiries
• disciplinary enquiries e.g. into misconduct by medical professionals and health workers etc.

The team at Craddock Murray Neumann will ensure clients are given practical and realistic advice. In doing so we aim to help clients understand their legal rights and obligations - whether as a health professional or as a patient, or recipient of health care. 

 

Our lawyers work hard to ensure that they keep our clients informed of developments in their case. We also take pride in the fact that all cases are properly investigated, researched and prepared before proceeding, and that clients are fully briefed on the potential costs of a matter and the results they can expect.

 

Further information

 

Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service.  Dominic will direct you to an experienced medical and health lawyer who can assist you.

Craddock Murray Neumann Lawyers has a diverse and expanding practice which delivers quality legal services in insurance law matters. 

• insurance protecting against loss or damage caused by negligence
• professional negligence/indemnity insurance - policies protecting the policy holder, their clients and other consumers from the negligence of a professional
• life insurance and income protection contracts
• insurance protecting against injury to property interests
• assisting the insured where an insurer denies liability under a “trauma insurance” policy
• acting for insurers and employers in disputes about workers’ compensation insurance premiums etc.

• a claim arising from a loss you suffer as the result of something which someone else should (or should not) have done
• suffered loss as a result of the carelessness of another person – for example, a negligence claim
• suffered loss as a result of something a professional has done (or failed to do, or should have done differently)
• any other insurance claim.

Defamation is a complex area of the law, and one that is continually evolving as new technology, such as the internet, makes it easier for comments to reach the public domain.

 

Essentially concerned with protecting an individual against injury to their reputation, a defamatory publication or statement can take the form of libel (a permanent record of a damaging comment) or slander (usually a verbal or oral comment).

 

Given the subjective nature of many comments, the difficulty in proving “damage” to a person’s reputation, the technical nature of the jurisdiction and the high costs of litigation, you need an experienced lawyer who is able to provide skilled representation and who is prepared to advise you honestly on the risks involved. 

 

At Craddock Murray Neumann, our Partner Dominic Wilson (who has more than 25 years experience) and other senior lawyers have run many successful cases for high profile Australians and others who have been damaged by defamatory conduct. 

 

We have represented sporting personalities, members of the entertainment industry, business people and politicians – people whose reputations are essential to their standing in the community and to their careers.   One of the keys to our success is that we strive to reach an early resolution in our cases in order to avoid what can often be a lengthy, drawn-out process.

 

Further information

 

Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. 

Craddock Murray Neumann has a long and distinguished record of assisting people to settle in Australia as migrants.

• Business owner / Investor visas
• Skilled visas
• Sponsored employee visas;
• Student visas
• Family sponsorship visas
• Humanitarian and refugee visas

• applicants in detention seeking refugee status
• disadvantaged people living in the Australian community in a variety of visa applications -funding under the community scheme is limited and is means and merits tested.

• Michael McCrudden, who holds a Master’s Degree in immigration and administrative law.  Michael has extensive experience acting for employers and visa applicants in relation to skilled, sponsored employee and business visa applications, as well as applications in a wide variety of other visa classes, including refugee and humanitarian applications
• Nick Houen, who was awarded the University Medal (UTS).  Before qualifying as a lawyer, Nick spent ten years as an employee of the Department of Immigration – gaining first-hand knowledge of the procedures and culture of the Department.

• all of the visa applications available under Australian law
• all applications to the Migration Review Tribunal, the Refugee Review Tribunal and the Administrative Appeals Tribunal
• all applications to the Federal Court and the High Court of Australia.

• we know how to present the facts
• we know how to argue a case
• we are able to assist our clients to make visa applications and also to challenge the validity of adverse migration decisions through the Tribunals and Courts.

• are living in Australia and;
• believe you might have a strong case  - a merits test applies and;
• cannot afford a lawyer - a means test applies.

• their claims in relation to their business/investment career
• their holding in a business(s) or investment(s)
• their personal and business assets
• their reason for coming to Australia, i.e. to set up a business or invest.

• have held ownership interests in a business with a large turnover during at least the last 2 years
• have had an overall successful business career
• have significant funds available to support themselves and their family in Australia.

• occupied a very senior management position in a large business which has generated a turnover of at least A$50,000,000 in two of the last four fiscal years and
• personal assets in excess of $500,000

Investor visas

• have had a successful record of managing an eligible (non-passive) investment or business, particularly during the last 3 years
• have held at least a 10% interest in this investment or business and
• have A$2,250,000 in assets to support themselves in Australia
• are prepared to deposit an additional A$1,500,000 into a designated investment for 4 years and
• intend to continue with their investment activities in Australia

• occupation
• qualifications (with more points being available for Australian qualifications)
• experience
• English language ability
• age
• the qualifications of their spouse

• have engaged in study in Australia
• have a high level of English language proficiency
• be under 45 years of age
• have their skills assessed against their nominated skilled occupation

• they are sponsored by an employer who has been approved as a sponsor
• they have been nominated in a skilled occupation
• they have the necessary skills to perform the skilled occupation
• they hold the appropriate licenses
• depending on the occupation, they have sufficient English language skills.

• they are under 45 years of age
• they have sufficient experience and qualifications (and are often required to undergo a formal skills assessment; a formal skills assessment is rarely required for the temporary visa)
• they demonstrate sufficient English language skills, usually requiring an applicant to undergo an IELTS (English proficiency) test.

• they are enrolled in a course in Australia
• they have sufficient financial resources to support them while they are studying; the extent of the financial resources will depend primarily on the nationality of the student.

For those who are on-shore, in order to be granted a protection visa they must demonstrate that:

• they meet the definition of a refugee contained in the United Nations  Refugee Convention and the Migration Act – this requires them to have a well-founded fear of persecution
• the persecution has to result from one or more of the 5 grounds listed in the definition, that is race, religion, nationality, membership of a particular social group, or political opinion.

If an application for a protection visa is granted, the applicant may be granted either a temporary or permanent protection visa.  Whether or not they qualify for the permanent visa will depend on a number of things, including how the person came to Australia.

• We charge competitive rates for the work we do
• We provide:
  • high quality service
  • experienced and skilled lawyers
  • honest advice so that our clients do not waste money pursuing a claim which has no chance of success
  • an up-front estimate of fees, and in most cases, fixed or capped fees.

At Craddock Murray Neumann, partner Dominic Wilson has had over 25 years experience in providing advice and representation to both individuals and corporate clients on employment issues.

 

In a field of law where parties generally do not properly document their relationships, and where disputes can easily arise, you need a lawyer who is a tough negotiator and who is familiar with the frequent changes in the law and can provide you with sound advice. You also need a lawyer with the experience to represent you in the various Tribunals and Courts if the dispute cannot be resolved by negotiation and agreement.

 

The services we provide include the following:

• employment agreements
• redundancy
• unfair dismissals
• anti-discrimination matters 
• industrial safety matters
• applications to review  unfair working arrangements (Section 106 applications)

Further information

 

Contact our Managing Partner, Dominic Wilson on  (0... or by email at dwilson@craddock.com.au for friendly professional service.  Dominic will direct you to an experienced business and commercial lawyer who can assist you.

Craddock Murray Neumann Lawyers has a diverse and expanding litigation practice that delivers quality services to individuals, corporate and government clients.  Our lawyers are highly experienced and we have established a solid reputation as tough and skilled litigators. 

 

At Craddock Murray Neumann we are able to undertake proceedings in all Courts and jurisdictions, representing both plaintiffs and defendants, as well as offering assistance with negotiation, mediation and alternative dispute resolution, and representation in enquiries such as inquests or ICAC enquiries. 

 

Our general litigation team is headed by Dominic Wilson who has over 25 years of experience. Dominic is a tough litigator and an able negotiator.

 

Dominic is assisted by Julia Sweeney, a former registered nurse with a real skill for forensic investigation, and others such as Dora Mattock. The depth of experience of our senior lawyers allows us to efficiently identify the key issues, research the case, draft the relevant documents and locate experts. Over the years we have developed a strong network of contacts, including barristers, forensic accountants, builders, architects, engineers, actuaries and professionals in many other fields to provide both expert testimony and the analysis required to identify lines of enquiry to support a case.  

 

Litigation is risky. What we can do to minimise the risks is to provide lawyers who:

• take a personal interest in thoroughly preparing each matter using our ISO quality accredited systems
• have the reputation to be taken seriously by the opposing party
• have the experience, judgement, imagination, and insight to find the best path through the process

In some cases, we will consider acting on a “no win no fee” basis - conditions apply.

 

In addition to litigation expertise, our lawyers also have experience in fields of work that include emergency medicine and nursing, accounting, teaching/education, travel and hospitality, government services, business, sport and primary industries – a range of expertise that broadens the outlook of our lawyers and provides particular skills to assist in the preparation of cases. 

 

Our litigation services include (click on the links below for further information) :

• insurance and loss claims and “Insurance declined” matters
• medical and health enquiry matters
• negligence claims arising from a loss you suffer as the result of something which someone - including a professional - should (or should not) have done
• criminal defence work
• disputed estates/contested wills
• family law
• property disputes, including conveyancing issues and claims arising from injury to/interference with property interests and other rights
• debt recovery
• insolvency law litigation
• all types of Commercial litigation including:
  • breach of contract cases
  • breach of trust cases
  • disputes about security interests
  • litigation over guarantees, charges, mortgages etc
  • intellectual property disputes
  • trade practices disputes
• building law matters
• enquiries including inquests, ICAC enquiries etc.
• administrative law litigation arising from actions by government departments.
• Court of Equity litigation arising from:
  • breach of trust
  • unfair contracts, undue influence, fraud, unconscionable conduct
  • dissolution of partnership proceedings.

Further information

 

Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service.  Dominic will direct you to an experienced litigation lawyer who can assist you.

The team at Craddock Murray Neumann provides a number of services for both builders and property owners that arise from issues concerning building and construction law.

 

We can provide advice during the contract drafting process that will help to reduce the possibility of a dispute and clarify the potential issues. 

 

If you are a builder we can prepare a contract on your behalf that will protect your rights and ensure your payment schedule before the project commences.  If you are not being paid, or someone is suing you, we can help too.

 

If you are engaging a builder, we can provide advice on the contract as well as on your rights and obligations – and it is always best to get advice BEFORE you sign the contract. And, if you believe that your builder has not done the job properly, we have lawyers experienced in building law cases that can negotiate, or if necessary, litigate on your behalf.

 

Building and construction contracts and building law litigation can be very complex. Projects are subject to numerous external factors. Given the importance of these contracts and the potential expense in resolving disputes, if you are involved in a building project or a dispute, you need sound, practical legal advice that you can rely on.

 

The services we provide include the following:

• advising on building contracts
• drafting contracts
• advising and representing clients with respect to development requirements
• resolving disputes for builders
• resolving disputes for home owners
• mediation and alternative dispute resolution services
• recovery of damages
• recovery of  payments due under contract

Further information

 

Contact our Managing Partner, Dominic Wilson on  (02) 8268 4000  or by email at dwilson@craddock.com.au for friendly professional service.  Dominic will direct you to an experienced building lawyer who can assist you.

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