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Disputes & Litigation

Our expert team includes 3 Accredited Specialists in Commercial Litigation, making us one of the most recognised Commercial Litigation teams in New South Wales.
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We love solving complex legal problems.

Shareholder Disputes & Director Disputes

We have more Accredited Specialists in Commercial Litigation than 99% of all Law Firms in NSW. If you have a commercial legal problem, we can help you find a solution.

Business & Contract Disputes

We have more Accredited Specialists in Commercial Litigation than 99% of all Law Firms in NSW. If you have a commercial legal problem, we can help you find a solution.

Insolvency Related Claims

We have extensive experience representing Insolvency Practitioners, former Company Directors and Creditors in relation to insolvency related claims and investigations. 
Professional Negligence

If you have suffered loss or damage as a result of poor professional advice or mismanagement of your affairs, you may be entitled to compensation.
Intellectual Property Infringement

If your Intellection Property Rights have been infringed you may be entitled to urgent injunctive relief, compensation for loss or damage, or an account of profits. 

Property & Lease Disputes

When property or lease disputes arise prompt action is essential for protecting the value of your property investment or maintaining continuity of business.  

Debt Collection

We have extensive experience with the recovery of debts and enforcement of securities and offer a fixed fee Best First Step Debt Collection service.

“There are very few that can measure up to your professionalism. I have worked with many ….  you “stand above the rest” in your profession.”

It has been a great pleasure working with you as an ultimate professional on this matter.

Geoff Page
Chartered & Forensic Accountant, Leonard & Page Pty Limited

I have no hesitation in recommending Roberts Crosbie Mortensen.

“Sam Roberts is sharp and confident and has been adept at understanding the issues pertinent to my matter in relation to Equity Law and Contract Law.  His talent expedited the outcome of my matter.  He is energetic, proactive, professional, ethical, discrete and motivated.  I continue to appreciate having him in my corner.”

David Paine

We could not fault our experience with Roberts Crosbie Mortensen Lawyers and would recommend them without hesitation.

“We are absolutely thrilled with the result Roberts Crosbie Mortensen Lawyers achieved for our company! After a long battle over a very large sum of money, Ned achieved the best possible outcome for us. He was incredibly professional, while at the same time extremely patient and easy to talk to.”

Angela Whitney-Offen

The staff were highly professional, knowledgable and easy to work with and they kept me informed at every step.

I manage legal teams for a living but when I had a personal legal issue I used ROBERTS CROSBIE MORTENSEN LAWYERS. The dispute I had was with a removalist who had moved our items from Australia to the UAE. RCM achieved an excellent result. I would like to take this opportunity to thank them and congratulate them on an excellent result and I would thoroughly recommend them.

David Kelly

I engaged Tony’s assistance in shareholder dispute matter and it was easily the best decision I made.

Tony provided clear, and well thought-out advice ensuring I was made to feel confident throughout the entire process. This was easily the most difficult, emotional and challenging experience of my professional life and Tony was easy to deal with, always available when I required his assistance and ensured I understood every complex strategy before proceeding.

Whilst I hope I never require his services in the future, I could not recommend Tony enough to someone facing any life changing professional challenges.

Chevonne P

I have no hesitation in routinely recommending them to friends and associates.

“We use Sam and his team on a routine basis and have always found them to be both friendly and professional. They have a wide range of knowledge and expertise and get the job done with a minimum of fuss.”

Ross Holding

Whenever we need legal advice we use Roberts Crosbie Mortensen Lawyers.

“We have used them in the past for several different legal matters, and they have always been so professional with their advice and demeanor. We will continue to use them into the future.”

Marie Killick

I have used Roberts Crosbie Mortensen Lawyers on several occasions and have found the service to be excellent.

Ben Bader

Friendly helpful staff who have a thorough understanding of the law and how to help people.

Jeremy Dawes

Excellent experience. I would highly recommend.

“Very professional handing of a complex and technical multi-layered legal matter, with a favourable outcome.”

Jim L

They were fast, efficient and provided timely and accurate legal advice.

“Haydon & Felicity have been outstanding in assisting me with a recent matter. I would absolutely recommend them to anyone looking for professional, legal advice.”

Tarryn Mathie

All I needed to do was sleep soundly at night and focus on my own business.

“Having a commercial dispute is stressful and never an ideal situation. But knowing you are in safe pair of hands, can alleviate the worry.

After a false start with a different firm, I was recommended Roberts Crosbie Mortensen’s Commercial Law team. Right from the very first phone call, I knew that I had the right team on my side. Not only were they timely, professional, no-nonsense, they were quick to nip things in the bud that could have resulted in very costly meandering by the other party!

In addition, I felt appropriately informed every step of the way. I knew I could leave Roberts Crosbie Mortensen Lawyers to do what they do best (resolve the dispute). Roberts Crosbie Mortensen Lawyers are highly recommended!”

Jewlz Ellem

Will always recommend!

“Haydon provided an impeccable quality service with excellent understanding and assistance, during a troubling time.”

Shane Steffen

I would recommend Roberts Crosbie Mortensen Lawyers for any future legal needs.

“The Team at Roberts Crosbie Mortensen was very accommodating to my needs at short notice. I was represented with a high level of professionalism and subject knowledge, and advised to allow the best possible outcome.”

James Wilcher

I couldn’t recommend Roberts Crosbie Mortensen Lawyers enough!

“They were professional, efficient and thorough and a small investment on our part led to outstanding results from the team at Roberts Crosbie Mortensen. Many thanks!!!”

Geoff Ingram

I would highly recommend Tony to anyone who needs a help resolving a complicated dispute.

“Tony assisted us with a complicated dispute arising from the termination of an agreement with a referral source. Tony provided clear and strategic advice and was able to negotiate an outcome without the need for Court proceedings. Tony was easy to deal with and was focused on the commercial objectives for our business.”

Russell
Specialist Wealth Group

A brilliant result from a professional Legal Firm.

“We had a debt needed recovered and after trying 2 law firms with no success, we found Roberts Crosbie Mortensen. We had our debt paid in full after the first action they took for us. The communication was brilliant and all the staff friendly and helpful. “

Rod Burgess

You managed it without the matter going to Court.

“Justice prevailed and the outcome was enormous for me. You managed it without the matter going to Court, which saved a lot of time and unnecessary stress for me. Your commercial knowledge and the professionalism shown was fantastic and the way you dealt with the other side achieved the result I was looking for.”

Sam is pleasant, extremely thorough, professional and very knowledgeable.

Sam is personable whilst remaining extremely professional.

“He has an ability to achieve a great result for his clients without becoming confrontational with the transactional parties. He focuses clearly on what is needed to finalise the matter in an effective and efficient manner.”

Lindsey Karathanassis
Linkara Capital

Thank you SO MUCH for putting our case forward in such a brilliant way.

“It is a great result and what we believed all along. We truly appreciate your insight and work.”

Helen B

I will certainly recommend yourself and Roberts Crosbie Mortensen to all associates and colleagues.

“Thankyou for the finalisation of this matter. I would like to thank you personally, but also the great team that you used at Roberts Crosbie Mortensen, they always made me feel as comfortable as possible.

The outcome achieved was almost unthinkable when I embarked on this, and I feel that I received a fair settlement and outcome. The investment in the early stages was a concern but as the case unfolded and the amount of effort you put into strategically analysing the best way forward, with the outcome negotiated I received an excellent return on my investment.

I will certainly recommend yourself and Roberts Crosbie Mortensen to all associates and colleagues that find themselves in need of professional legal services, and I say thank you and all the best wishes for the future.”

Greg A

Very efficient, very responsive.

“Recent legal matter needed to be attended to. Haydon was very efficient and clearly explained the steps in the matter.”

Chris T

Without you it would have been impossible to confront these multi-national corporate giants.

Toby Player
Bodyboard King

I have used Roberts Crosbie Mortensen on a number of different matters.

“Over the past several years I have used Roberts Crosbie Mortensen on a number of different matters all of which have been awarded in my favour and I believe this is due to their diligence and their desire to represent their client to the best of their ability.”

Elizabeth Howard

I would not hesitate to recommend Roberts Crosbie Mortensen Lawyers.

“They are professional, provide excellent attention to detail and strive to gain the best results for their clients.”

Mark Humphries
Sunbow Roofing

Excellent experience. I would highly recommend.

“Very professional handing of a complex and technical multi-layered legal matter, with a favorable outcome.”

Jim Limberis
Netseek Pty Limited

Having a commercial dispute is stressful and never an ideal situation. But knowing you are in safe pair of hands, can alleviate the worry.

“After a false start with a different firm, I was recommended Roberts Crosbie Mortensen’s Commercial Law team. Right from the very first phone call, I knew that I had the right team on my side. Not only were they timely, professional, no-nonsense, they were quick to nip things in the bud that could have resulted in very costly meandering by the other party!

In addition, I felt appropriately informed every step of the way. I knew I could leave Roberts Legal to do what they do best (resolve the dispute). All I needed to do was sleep soundly at night and focus on my own business.

Roberts Crosbie Mortensen are highly recommended!”

Julie-Anne E

The Roberts Crosbie Mortensen team have assisted us with a myriad of matters.

“Having worked with Amanda, we are pleased with her service and confident in her advising.”

Sarah B

I have found Sam Roberts to be a competent and diligent legal practitioner.

“Sam and I have worked together on commercial disputes including those relating to the enforcement of contracts, breaches of contract, misleading and deceptive conduct, breaches of confidentiality and breaches of intellectual property rights. I have found Sam Roberts to be a competent and diligent legal practitioner with a tenacious approach that serves his clients well in legal disputation.”

Peter E Cullen
Barrister-at-Law, Sydney

Sam was at all times very efficient and most thorough throughout his handling of my case.

Being young, most diligent and trustworthy I would recommend him to conduct any legal work to the highest order.

Paul Joy
Paul Joy Financial Planning Pty Limited

Disputes & Litigation Services

Our Commercial Litigation Lawyers have extensive experience representing clients in a wide variety of disputes, claims, investigations and enforcement actions and take great pride in our reputation as a force to be reckoned with.

We understand that when commercial disputes arise or litigation has been commenced time is usually of the essence and that accurate and timely advice is required to make informed commercial decisions.

If you need answers fast, contact us today and Speak to a Lawyer.

How We Help

We understand that litigation can be costly, time consuming and stressful, and that most clients want to focus their attention on operating and growing their businesses.

We focus on achieving successful commercial outcomes for our clients by investing time to fully assess the strengths and weaknesses of your legal position to properly advise and assist you to identify real and favourable outcomes.

We then develop strategies for achieving a resolution in the most efficient way and take decisive initial action aimed at delivering a killer blow and either an immediate result or early settlement negotiations so that Court proceedings can be avoided, wherever possible.

Speak to a Lawyer

Get answers fast and make commercial decisions with confidence.

We regularly advise clients and act in relation to Disputes & Litigation including:
  • Business & Commercial Disputes
  • Breach of Contract Claims
  • Franchise Disputes
  • Director & Shareholder Disputes
  • Misleading & Deceptive Conduct Claims
  • Unconscionable Conduct Claims
  • Insolvent Trading Claims
  • Unfair Preference Claims
  • Other Insolvency Related Claims
  • Professional Negligence Claims
  • Intellectual Property Infringement
  • Breach of Confidentiality Claims
  • Property & Lease Disputes
  • Regulatory Investigations & Prosecutions
  • Debt Collection
  • Enforcement of Judgment Debts

Specialist Accreditation

Our Accredited Specialists include Sam Roberts (sub-specialty in Building & Construction Litigation), Tony Peterson (sub-specialty in Corporate Litigation) and Jack Lindgren whose practice is focused on general Commercial Litigation and Professional Negligence.

In the legal profession, Accredited Specialists are practising Solicitors who have demonstrated proficiency in a particular area of law, which is recognised and conferred by fellow Solicitors. Specialist Accreditation is a nationally recognised mark of distinction run by state based Solicitor Associations. In New South Wales the Specialist Accreditation Scheme has been operated by the Law Society of NSW since 1992.

To gain Specialist Accreditation a Solicitor must pass rigorous assessments in communication, problem solving, client relations and, of course, the law.

Businesses that proactively
address legal issues are more resilient, better prepared
and more profitable.

Understand your Top 5 Legal Priorities

Complete our enquiry form for a consultation with an experienced Commercial Lawyer to review your Top 5 Legal Priorities.

Consultation with
Commercial Lawyer
$1,100

We have more Accredited Specialists in Commercial Litigation than 99% of law firms in NSW.
Our Specialists

Our Disputes & Litigation Team

Sam Roberts

Managing Partner
Accredited Specialist (Commercial Litigation)
Newcastle

Sam is an Accredited Specialist in Commercial Litigation with over 20 years’ experience helping businesses solve complex legal problems.

Amanda Crosbie

Partner
Accredited Specialist (Business Law)
Newcastle

Amanda’s practice focuses on providing timely corporate and commercial services to established and growing SMEs.

Tony Peterson

Partner
Accredited Specialist (Commercial Litigation)
Newcastle

Tony has a decade of experience in national and international law firms representing high net wealth individuals and businesses in large and complex commercial disputes.

Jack Lindgren

Special Counsel
Accredited Specialist (Commercial Litigation)
Newcastle

Jack is an Accredited Specialist in Commercial Litigation with over a decade of experience assisting clients to resolve and avoid complex commercial disputes.

Phil Blaxell

Special Counsel
Sydney

Phil is an experienced Litigation Lawyer with a track record for winning cases and advocating strongly for his clients.

Haydon Potter

Senior Associate Solicitor
Newcastle

Haydon specialises in employment law and heads our Workplace Team. He has a talent for assisting employers and employees to navigate complex industrial relations laws and disputes.

Andrei Jerdetski

Associate Solicitor
Sydney

Andrei is a dual qualified Building & Construction Lawyer whose practice focuses on the resolution of complex commercial and residential building disputes.

Shree Gaikwad

Solicitor
Sydney

Shree works with business owners, developers, and landlords to navigate disputes with confidence and protect their interests.

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Fixed Fee Initial Consultation

What to Expect at your Initial Consultation

Your Initial Consultation is an important opportunity for you to ask questions, get on-the-spot answers and experience what it will be like to work with us if you need further assistance. Your Solicitor will help you to understand the laws and legal issues relevant to your situation, applicable legal processes, your prospects of success in relation to a dispute and the course of action you should take.

You may not always get the advice you want to hear, but you’ll always get the advice you need to hear.

You may attend your appointment by phone, videoconference or in person at our offices.

After your Initial Consultation

If you need further legal help following your Initial Consultation, you may engage us to advise and represent you generally in relation to your matter or request a second appointment and provide copies of any relevant documentation you would like us to review beforehand. 

Introduction to Retainers: A Simpler Process 

Our firm has adopted an ongoing Retainer model to streamline our processes and reduce client confusion, which often arose when we were seeking a client’s authority to transfer money from our Trust Account towards payment of a Tax Invoice and at the same time asking for additional monies to be paid into our Trust Account in relation to future work. 

The Retainer also reduces the burden on our clients’ Accountants and Bookkeepers, as well as our own. 

Frequently Asked Questions

How Our Retainer Works

Pursuant to our Retainer: 

  1. a Retainer Amount is to be paid and held in our Trust Account for the duration of your matter on account of our costs and disbursements,  
  2. our Tax Invoices are to paid within seven (7) days of your receipt, and 
  3. the Retainer Amount is accounted for against your final Tax Invoice or upon completion of work. 

Under this model, if a Tax Invoice is not paid within seven (7) days we may: 

  1. apply all or part of the Retainer Amount towards payment of the Tax Invoice, with your authority or in accordance with Regulation 42 of the Legal Profession Uniform Law General Rules, and 
  2. require that the Retainer Amount be reinstated in full before providing any further legal services.  
What is Retainer Money?

Money held in respect of a Retainer is Trust Money. Trust Money and Trust Accounts are regulated by the Legal Profession Uniform Law (NSW) and the Legal Profession Uniform General Rules 2015 (“the Legal Profession Uniform Laws”).  

“Retainer” Money is term used by our firm to help clients more easily understand the nature and purpose for which we require payment of money to our Trust Account in most instances. That is, to serve as a retainer that ensures payment of our fees and disbursements for the ongoing provision of professional legal services.  

How is the Retainer Amount determined?

The Retainer Amount is generally based on the estimated costs and disbursements of work to be undertaken in any calendar month. We may vary the Retainer Amount from time to time having regard to the estimated costs and disbursements of upcoming work.  

Trust Money

In addition to the Retainer Amount, we may request that you pay other amounts to our Trust Account on account of costs and disbursements from time to time, for example, Barrister’s fees, Expert Witness fees, Mediation fees, Court filing fees etc. 

When is the Retainer Amount or Other Trust Money Payable?

The initial Retainer Amount is payable upon you entering into a Legal Services Agreement with us. If we increase the Retainer Amount or ask for other money to be paid to our Trust Account, you are required to pay the amount requested within seven (7) days. 

What happens if I do not pay on time?

We may suspend work in relation to your matter and/or terminate our Legal Services Agreement if: 

  1. you do not pay our Tax Invoices within seven (7) days, 
  2. we apply any Retainer Money towards payment of a Tax Invoice and you do not reinstate the Retainer Amount in full, or 
  3. if you do not pay any increased Retainer Amount or Other Trust Money within seven (7) days of a written request. 
What is a Trust Account? 

A Trust Account is a bank account in which we hold Trust Money on your behalf. Most law firms use a Trust Account to manage the payment of legal costs, and to receive and hold Trust Money on behalf of clients.  

I have paid money into your Trust Account. How will my money be managed?

Our Trust Account is an account with ANZ Bank. We must deposit Trust Money we receive to this account and give you a receipt for your deposit as soon as practicable. The amount that you have paid into our Trust Account is then recorded against your name and your file number. We are required to give you a Trust Account Statement at certain intervals and on your request.  

The Legal Profession Uniform Laws governs when we can withdraw your money from our Trust Account. Generally, we can only withdraw the money:  

  • in accordance with an authority or direction from you, 
  • at the end of seven (7) business days after we have given you a Tax Invoice referring to the proposed withdrawal of Trust Money (unless you have objected to the withdrawal and taken 1 of the steps set out in Regulation 42(3) within 30 days),  
  • to reimburse us when we have made a payment on your behalf and we have given you notice of the proposed withdrawal and reimbursement.  

You will be notified of any withdrawals that we make from your Trust Account and they must be clearly recorded against your file. Our Trust Account (and all general trust accounts) are not interest-bearing accounts and large sums should therefore not be left deposited for extended periods.  

What happens to Trust Money if you don’t do any work on my file? 

Your money remains on deposit in our Trust Account. The relevant Rules prevent us from holding money in our Trust Account over an extended period. Therefore, we will refund any amount held in excess of the Retainer Amount to you on your request and the balance at the end of your matter.  

How do I know my money is safe in your Trust Account? 

The NSW Law Society’s Trust Account Department has the responsibility for examining records maintained by law practices to ensure they properly account for the Trust Money received and which is held on behalf of another person.  This firm has been randomly audited on a number of occasions by the Trust Account Department of the Law Society and has an exemplary history of Trust Account compliance.  

Each year, an independent auditor is appointed to inspect our Trust accounting records. We must present our Trust ledgers for the applicable period and provide documentary evidence of any transactions that the auditor selects for investigation.

What happens if you hold Trust Money for me and cannot locate me? 

Regardless of the amount of time funds have been held in our Trust Account, and provided that reasonable efforts have been made to locate the owner of Trust Money, unclaimed Trust Money may be surrendered to Revenue NSW in accordance with the Legal Profession Uniform Law Application Act 2014. Should the owner then require the return of the funds, they will need to lodge a request directly with Revenue NSW.