Commercial Litigation

Bowden McCormack is able to provide advice on all manner of commercial disputes. However, our initial aim is, in fact, to resolve any dispute with needing to start a matter in court. Should this be unavoidable, we work with our clients to develop sound strategic plans so as to gain the best result possible.

Our lawyers present cases in all courts for a variety of clients, including directly or as agent for interstate or overseas law firms who represent a particular client. In addition, we have the experience, knowledge and capacity to manage large-scale matters at a high-level.

Commercial disputes which we are regularly involved with include:

• Building disputes
• Contract and property disputes
• Debt recovery
• Insolvency
• Shareholder disputes
• Mining and resources
• Business Structuring
• Business and share
• Contracts
• Govern
• Stamp Duty

Bowden McCormack is able to guide you and provide advice concerning such matters as employee entitlements and employment conditions, the drafting of contracts of varying complexity, contract disputes and resolution, discrimination, sexual harassment, unfair dismissal and workplace health and safety. The firm is also able to advise on the operation of the Fair Work Act 2009 (Cth).

Leasing

We are able to assist both corporate and private clients in the area of commercial leasing transactions. As with all our services we will ensure you have direct access to our senior lawyers and sensible turn-around times.

We understand that for any business, but particularly a small to medium sized business, transaction costs include the costs of time and delay. Once you have made a decision to lease premises, or as an owner to lease out premises, we will work with you to ensure that the lease is settled and registered with a minimum of delay and for a fee that is reasonable and reflects the transaction.

Conveyancing

The buying and selling of any kind of property is an important decision that warrants due care. To ensure that all matters are dealt with as quickly and efficiently as possible, it is prudent to secure the assistance of a qualified lawyer or a licensed conveyancer.

At Bowden McCormack we are able to provide this assistance in a professional, positive manner in three key areas:-

Aboriginal land rights and Native title

Our firm is uniquely positioned in relation to the ever-changing world of land rights and native title law. From native title claims in the Federal Court to negotiations under both the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) and the Native Title Act (Cth) our firm is well-placed to represent the interests of parties in the process.

At a practical level we understand the little things that are important under these statutory regimes and how to ensure that you are not bogged down in processes that you do not understand or are inefficient in terms of your time and money.

We work closely with all stakeholders in the area and pride ourselves on seeking and obtaining solutions to problems that are win-win for the parties. We understand the legitimate expectations of third parties who come into contact with land rights or native title law as part of a development process; we understand the rights of traditional owners and native title holders; we understand the important role of Land Councils in the Northern Territory; and we understand that no one party seeks to create a negative outcome for the other.

This is the promise of our work in the area: we will ensure you are fully aware of your rights and obligations under this area of law; we will work with you to identify a solution that is win-win for all parties and we will not create an adversarial process that may hinder or harm your objectives going forward.

Our firm is proud of the many outcomes we have obtained in working with our clients in the Indigenous domain. We are just as proud of the work we have done for our non-Indigenous clients who have obtained their objectives whilst adding value to Indigenous communities and people.

Of course, when you obtain a win-win result you will have saved time, money and made an investment in the future. That is our commitment to all our clients who seek our advice in the area of land rights and native title law.

Access to Aboriginal land

In the Northern Territory nearly all projects require proponents to be aware of the rules and regulations that govern the access to Aboriginal land. This is particularly relevant to land vested in Aboriginal Land Trusts under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (as amended) but also the array of provisions that apply to land claimed, or granted, pursuant to the Native Title Act 1993.

The penalties for trespass, or unlawful access, to Aboriginal land are serious and often attract media attention. Our firm is aware of the importance of these matters and will assist you or your company in navigating this area of the law.

At Bowden McCormack we consider it crucial that you have a valid will – and it may not be as ‘simple’ as you initially think. Should you not have a valid will, then after your passing your assets will be dealt with by way of legislation. Sadly, this may not be according to your wishes.

To ensure that this does not occur, our firm offers advice on:
the preparation of a will tailored to suit your needs – whether they be simple or complex estate planning business succession administration of estates and, should a will not have been prepared, intestacies