Why Choose Minerva Law
Australia’s Leading Problem Solvers
- We have a proud reputation of providing dedicated personalised service We have extensive experience advising across the aviation sector. Our practice is multi-disciplinary and includes lawyers from our corporate, finance, disputes and competition, regulation and trade teams, which guarantees that we can deal with any technical complexity or depth of work.
- The team of litigation lawyers at Minerva Law is headed by our Principal, Tsungai Mukushi. Tsungai was admitted to practice in Victoria in 2008 and has over 15 years experience as a solicitor. Tsungai is an experienced legal practitioner with a deep passion for commercial law and a strong focus on dispute resolution in aviation and franchising.
- His point of difference is distilling intricate documents and contracts into real-life consequences, and demonstrating profound foresight, granting clients an extraordinary strategic advantage in the steering of their matters. With a strong commercial focus and an astute understanding of the practical implications involved in Australian businesses, Tsungai has consistently provided his clients with tailored solutions that drive success.
- His background encompasses a wide range of areas in commercial law, aviation law, intellectual property law, insurance law and more. In nearly 15 years as a lawyer, he has successfully represented clients in various high-stake matters, appearing before Australian courts at all Victorian and federal levels (Federal Court, Supreme Court, Federal Circuit Court, County Court, and Magistrates Court).
- Tsungai and his team can apply their extensive experience to assist in the resolution of your dispute, concerns or issues whether by instituting or defending formal Court proceedings or by applying alternative dispute resolution procedures.
- The team’s overriding focus is to assist you in achieving the best possible outcome in a timely and cost effective manner. In particular our approach is inclusive and intended to ensure that you are fully informed as to the status of your matter, and that you are engaged and consulted in respect to the decisions to made during the course of your matter.
- Litigation has many forms – it can involve formal Courts including the Victorian Supreme Court, County Court and Magistrates Court, the Federal Court of Australia and including government tribunals such as VCAT (Victorian Civil and Administrative Tribunal). Not all litigation is conducted in Court, and a growing means of resolving disputes is by way of Alternative Dispute Resolution.
- Mediation in particular is an efficient and cost-effective procedure, and Tsungai is renowned for managing to settle disputes during the mediation phase.
Aviation
This experience means our aviation litigation lawyers have a 360-degree understanding of how the aviation industry works, and can leverage that knowledge and experience to the benefit of clients without any re-invention of wheels or cost inefficiencies.
Our approach is driven by listening to our clients’ commercial objectives, making sure we understand what it is they want to achieve, within what timeframe, at what cost, and resourcing the job with the right team.
Our aviation litigation team is regarded by the legal directories as one of the leading teams in Australia. We have dealt with all types of disputes, in Australian and foreign courts, and in domestic and foreign international arbitration proceedings, ranging from redelivery disputes and repossessions to commercial disputes with third party suppliers and major accidents and incidents.
In our team, we have decades of accumulated experience acting for:
- financiers and the major transportation banks
- airlines
- lessors
- insurers
- maintenance repair and overhaul organisations
- airports
- airline associations.
Business
Proceedings in respect to contracts, which may include enforcing payments or carrying out the obligations set out in the contract.
Disputes between business operators, whether in partnership or as directors/shareholders of companies. These disputes often involve the means by which a partner or director can exit a business, or the contributions, either financial or otherwise, to the operation of the business.
Commercial disputes are many and varied, but in essence involve the preservation of rights, either by the operation of a contract, or imposed or implied by the operation of legislation or the common law (the law set out by the precedents created by the Courts)
Disputes concerning the provision of finance and the enforcement of security for financial advances are common commercial law matters.
Disputes over real estate often involve complex legislation and regulation, which apply to sales and purchase of real estate, leasing of commercial, retail and industrial property, and also the use to which real estate is put.
Like commercial disputes, the preservation or enforcement of rights created by contracts of sale or lease agreements is generally fundamental to the dispute.
Rights of occupation, the structure of ownership, and restrictions or encumbrances over property are often the subject of disputes.
- Conciliation proceedings
- Case appraisals and advice
- Negotiation
- Mediation
- Arbitration
Insurance + Subrogation Proceedings
- Motor vehicle claims
- Commercial property and business insurance
- Directors and Officers Insurance
- Insurance Contracts Act advice
- General insurance matters
- Product liability claims
- Professional negligence
In all litigation or alternative dispute resolution the skills to be applied by our team include:
- the analysis of the facts of the matter
- collecting the evidence to confirm the facts, including sourcing from experts
- an assessment of the applicable law
- the development of a strategy to achieve the best outcome
- the implementation and application of that strategy
- effectively challenging and refuting opposition arguments and presumptions
Our usual approach is to provide you with a clear and transparent quote and have an initial discussion about the situation, your desired outcome and other key factors which may impact our approach;
- Provide advice regarding the legal boundaries for the dispute (including exploring what we can potentially use as leverage, and what may be used against you);
- collaborate with you to develop a strategy plan; and
- methodically execute the plan and adapting where necessary.
- Our advice will not focus narrowly on money. We consider the broader context – including factoring in the amount of time invested, energy consumed and distraction caused by the dispute. That being said, if obtaining a certain amount of money is important to you, we will relentlessly pursue that for you.
- We are qualified and able to represent you in all Victorian and Commonwealth Courts and Tribunals, and covering Victorian and Federal jurisdictions. Our team has the experience, knowledge and resources to help resolve your problem, but also the understanding and consideration to guide you through the process, and to support you. Remember, the most important person in our office is you – the client, if obtaining a certain amount of money is important to you, we will relentlessly pursue that for you.
Examples of our Experience Include:
- Advising airlines and their underwriters on hull and liability claims following aircraft accidents
- Acting on behalf of carriers, freight forwarders and cargo interests in relation to claims for damage to air cargo.
- Acting on behalf of an engine manufacturer in a coronial inquest into the death of a pilot and passengers
- Acting for several aviation clients in a class action property dispute
- Acting in proceedings concerning a building dispute arising from the redevelopment of domestic air terminals
- Advising aircraft repairers in relation to liability issues concerning aircraft accidents
- Acting for companies delivering supplies and equipment to offshore oil platforms and army bases in war zones
- Acting for clients on matters involving aircraft leasing and finance
- Drafting aviation insurance policies and advising on their coverage
Minerva Law: Your Trusted Litigation Partner
Why Choose Minerva Law?
Tsungai’s extensive experience in commercial law and dispute resolution allows him to distill intricate documents into real-life consequences. By providing strategic foresight, we offer our clients a distinct advantage in navigating their legal matters. With a commercial focus and deep understanding of Australian business implications, Tsungai consistently delivers tailored solutions for success.
Our team of skilled litigation lawyers is equipped to handle a wide range of disputes and concerns. Whether you need assistance with formal court proceedings or alternative dispute resolution, we can guide you towards the best possible outcome in a timely and cost-effective manner.
Aviation: With decades of experience representing airlines, lessors, financiers, insurers, and more, our team possesses a 360-degree understanding of the aviation industry. We handle various disputes, ranging from commercial conflicts to major accidents, both domestically and internationally.
Business: We assist with contract-related proceedings, disputes between business operators, and other commercial law matters. Our goal is to protect your rights and achieve your desired outcomes efficiently.
Commercial Law: Our expertise extends to preserving rights under contracts and resolving disputes governed by legislation or common law. We handle finance-related disputes and ensure the enforcement of security for financial advances.
Property Law: From complex real estate disputes to issues surrounding ownership, occupancy, and property restrictions, we provide comprehensive legal support in navigating property-related conflicts.
Alternate Dispute Resolution: We offer a range of alternative dispute resolution methods, including conciliation, case appraisals, negotiation, mediation, and arbitration. These procedures provide efficient and cost-effective resolutions.
Insurance + Subrogation Proceedings: Our team is well-versed in handling insurance claims and matters, including motor vehicle claims, commercial property and business insurance, directors and officers insurance, and more.
Our team follows a systematic approach to litigation and alternative dispute resolution. We thoroughly analyze facts, gather evidence from experts, assess applicable laws, and develop tailored strategies to achieve the best possible outcomes. We challenge opposition arguments and presumptions effectively, ensuring your interests are protected.
We prioritise your needs and provide transparent quotes, initial discussions to understand your desired outcomes, and comprehensive advice on legal boundaries and potential leverage. Collaborating with you, we develop a strategic plan and execute it methodically, adapting as necessary. Our holistic approach considers not only financial aspects but also the time, energy, and distractions caused by the dispute.
Our track record speaks for itself. We have advised on aircraft accidents, cargo damage claims, class action property disputes, building disputes, liability issues, aircraft leasing and finance matters, and aviation insurance policies. With our extensive experience, knowledge, and resources, we are well-equipped to handle your legal challenges.
Minerva Law represents clients in all Victorian and Commonwealth Courts and Tribunals. We have the qualifications, expertise, and resources to help resolve your problems while providing you with the support and guidance you need throughout the process.
When it comes to litigation, Minerva Law is your trusted partner. We are dedicated to achieving the best outcomes for our clients while providing personalised service and expert advice. Contact us today to discuss your legal needs.
