Melbourne
Litigation
Australian Trial Lawyers
OUR FIRM
Melbourne Litigation is an Australian litigation-only law firm focussed on providing exceptional service in high-value and complex disputes, acting for both corporate and individual clients in our areas of expertise.
Our systems and experience allow us to digest mountains of information to reduce the complex into a simple story.
We are a dedicated, client-facing organisation with a culture of continuous improvement.
We aim for exceptional service and complete transparency.
Our work is praised and recognised by leading publications including Managing Intellectual Property magazine.
How can we help you?
We provide accurate point-to-point costings as a natural part of our exceptional service.
We are the only Australian law firm that gives regular updates to 'what's on the clock' WIP yet to be billed.
Each case runs two parallel courses from the outset. We prepare to go to trial and win. We also always remain open to a settlement on favourable terms. That's how we roll.
We prepare for trial using electronic tools to organise the applicable law with the key facts and supporting evidence in a way that will resonate with the Court.
At the same time, we maintain a dialogue with the other parties to communicate the correctness of your position in a way that will resonate with their clients. We never close the door on settlement.
We listen to develop an early understanding of the issues raised, act quickly to establish the correctness of your position, give you straight talk without legal jargon and options you can quickly act on.
Litigation is an indispensible tool to achieve a business or personal objective. But we understand that it is a grudge purchase and a distraction from the operation of your business.
We aim to avoid the cost and uncertainty of lengthy litigation.
Our strategy is to exert early pressure and encourage an advantageous settlement and to keep costs in check.
Nick has been internationally recognised as a leading lawyer by Managing Intellectual Property magazine for trade marks litigation. He was appointed a World intellectual Property Organisation domain name Panelist in 2008. He has determined dozens of domain name disputes since then involving many of the world's most famous brands. Examples include Gucci, Sofitel, Dolce & Gabbana, Valium, Telstra, DR. Martens, BDO, PGA Tour and many others.
Finally, Nick is an expert in intellectual property litigation, representing clients in a wide variety of trade mark, copyright, non-competition and confidential information misappropriation cases. He represented 3Logix in Federal Court copyright proceedings involving unlicensed use of their software. He represented U.S. based Four Seasons Designs Inc., and obtained a permanent injunction against a seller of a 'gift with toy' that infringed their copyright and design rights.
He also represents parties in Trade Marks Office proceedings, most recently successfully acting for Australia's most successful online retailer thenile.com.au in three trade marks Opposition proceedings.
Nick received a Bachelor of Laws degree from University of Tasmania in 1996 and a Bachelor of Economics from LaTrobe University in 1991. He was admitted to practise as a barrister and solicitor in 1997 and registered as a Trade Marks Attorney in 2000.
He was until 2005 a partner of another Collins Street Melbourne commercial law firm where he handled banking and insurance litigation for clients including ANZ Bank, Barclays, Rural Finance, St George Commercial, and Suncorp.
From 2005 he started his own law firm and was engaged as Chairman then CEO of publicly listed biotech Agenix Limited from 2008 until 2015, gaining valuable client-side perspective. He was the founding chair of award winning charity, the Karma Currency Foundation. Nick was also a member of the Australian Rowing Team in 1989.
He recognises that none of these results were achieved alone. He takes a team approach to litigation too.
In one of Nick's most prominent engagements he represented the successful plaintiffs against twenty-four defendants (represented by Romer & Co/Arnold Bloch Liebler) in a reported decision on bias and misconduct, Mond & Mond v Berger (2004) 10 VR 534 [2004] VSC.
The case involved a Supreme Court of Victoria Application under the Commercial Arbitrations Act to set aside an award handed down by Melbourne's first Din Torah (a Jewish Rabbinical Arbitration) based on Arbitrator misconduct.
He also acted for the Japan Karate Association (based in Japan) in a Federal Court trade marks dispute against the Japan Karate Association of Australia (represented by Minter Ellison). In a non-confidential settlement, he obtained the transfer of all trade marks to JKA and costs on a solicitor own client basis.
In a high profile Supreme Court of New South Wales proceeding, he represented music promoter Rockcity Event Management Pty Ltd against a party (represented by Henry Davis York) in a dispute that arose out of the breakdown of a joint venture partnership presenting and promoting two tribute acts internationally of the rock bank Queen.
The case questioned whether certain intellectual property belonged to a business operated by a trust with an incorporated trustee. It involved a number of applications and Nick successfully resisted an attempt by the defendant to wind up the corporate trustee on the 'just and equitable' ground.
After obtaining an injunction that tour proceeds made by the defendants be frozen and repatriated from South Africa, the matter settled in Mediation before The Honourable Tony Fitzgerald AM QC on the basis Nick proposed that the defendant buy the business from the plaintiff using an 'earn-out' that saw the parties continue to work together after the litigation.
Nick has successfully represented a number of parties to white collar criminal investigations, section 19 interviews and proceedings. Early intervention in these matters was vital to the outcome of subsequent related litigation.
Nick Weston
Nick is the Managing Partner based in Melbourne, Australia.
His practice focusses on domestic commercial litigation, including in such fields as mergers and acquisitions, joint ventures, contracts and licensing agreements, in disputes concerning intellectual property infringement and in matters involving insolvency and white collar crime.
In a recent engagement he acted for Agenix Limited (ASX: AGX) and successfully settled a Supreme Court of Victoria proceeding involving allegations by a Singaporean operated BVI investment fund (represented by King & Wood Mallesons) of breach of warranty arising from a share subscription agreement.
Previously for Agenix he has also obtained Supreme Court Orders to freeze assets of a former CEO who had stolen 4.2 million dollars, together with his wife and family trust, resulting in the bankruptcy of that CEO who subsequently received a 9 year sentence of imprisonment for fraud.
