Dispute Resolution, Litigation & Investigative Specialists

Paula Sutherland & Associates provide a comprehensive range of dispute resolution and litigation services across Tasmania. Whether you’re facing a personal, commercial, or estate-related dispute, our experienced team offers practical, strategic advice tailored to your situation.

Need practical legal advice tailored to your situation? Get in touch with our team.

Our Core Dispute Resolution, Litigation and Investigative Services

Workplace Investigations

A workplace investigation is an independent process used to examine allegations about an employee’s conduct or behaviour.


Wills & Estates Disputes

Paula Sutherland & Associates will dispute lawyers have pursued claims against, and defended various claims and acted as counsel.


Employment lawyers hobart tasmania

Employment Law

Our team at Paula Sutherland & Associates has experience assisting both employees and employers with workplace issues and litigation.


General Commercial & Other Disputes

Paula Sutherland & Associates are experienced in providing advice for various general commercial disputes.


More Dispute Resolution, Litigation & Investigative Services

Insolvency Services Tasmania

This is an area in which Paula has undertaken specialist study and has extensive experience acting for various insolvency practitioners.

Paula acts for trustees in bankruptcy for personal insolvency matters as well as liquidators, administrators and receivers in corporate insolvency matters.  Her experience extends to appearing in the Federal Court in matters including and not limited to: pursuing voidable transactions in bankruptcy and corporate liquidations; securing and conducting contested hearings in relation to: sequestration orders; and orders to wind up companies; obtaining freezing orders; company reinstatement and subsequent winding up; and

applications to extend the statutory period for voluntary administrations.

Contractual Disputes

It’s best to obtain legal advice before signing a contract. Paula Sutherland & Associates can review and provide advice in relation to contracts prior to execution.

Mortgage & Securities Enforcement

Paula has many years of experience acting for financial institutions in enforcing mortgages and securities in residential and commercial properties.  She has acted for many lenders nationwide regarding:

  • issuing default notices;
  • liaising with borrowers;
  • commencing proceedings to secure possession of secured properties/securities;
  • enforcing court orders; and
  • issuing notices relevant to abandoned goods.
Building & Construction Disputes

Paula Sutherland & Associates has extensive experience with building and construction disputes, in both a residential and commercial context. Servicing all areas of building cost disputes, unpaid building invoice disputes, as well as unpaid contract disputes, our team of building and construction lawyers are highly skilled in this field of expertise.

These disputes are often time consuming and can involve a number of parties, including experts who (if the matter becomes litigious) may have to give evidence in support of any expert opinion they have provided. Experts may include engineers, architects, quantity assessors, and building practitioners among others. It is essential that these parties become involved at an appropriate time and that any evidence they give is converted into a form in which it can be relied upon in court. 

Property Disputes

Paula Sutherland & Associates has acted in various disputes relating to the purchase and sale of property.

This has included:

  • contractual interpretation and the consequential ability to compel or resist performance of a sale contract;
  • actions for specific performance;
  • claims relating to pre-contractual statements, such as the quality of the property or the existence of building or other approvals; and
  • negotiations to amend contracts where a dispute has arisen, such as an adjustment to the purchase price
Disputes Involving Trusts

This is a very complex and not easily understood area of law.  Acting as a trustee imposes legal duties upon the trustee, which are often not explained or commonly known.

A trust involves ownership of property designed to benefit others – the beneficiaries of the trust.  A trust can come into existence without express agreement, such as via a constructive trust, thereby exposing parties to claims where they do not necessarily appreciate that they have adopted the role of trustee.  Disputes are unfortunately not uncommon and specialist advice is highly recommended when a trust dispute arises.

Types of trust disputes may include, but are not limited to:

  • a claim that a trustee is not properly exercising their duties or acting outside the scope of their power;
  • the interpretation of a trust deed;
  • allegations that a trustee has acted negligently; and
  • disagreements as between trustees.
Workers’ Compensation

Navigating the workers’ compensation system can feel overwhelming, especially when you’re already dealing with the impact of your injury, the strain on your health, and the pressure of financial and personal responsibilities.

We offer dedicated workers’ compensation advice for Tasmanians to assist with guiding you through the process with clear, practical advice at every stage. We’ll make sure you understand your rights and options and work to secure the compensation you need to move forward.

The workers’ compensation system in Tasmania operates as a no-fault scheme. This means that if you are injured at work, you may be entitled to compensation regardless of who was responsible for the incident. Importantly, having a pre-existing condition does not automatically prevent you from making a claim; your current employer may still be liable to provide compensation depending on the circumstances of your injury.

Types of compensation available:

  • Loss of income – covering both past and future earnings.
  • Medical and hospital expenses – including surgery and related treatment.
  • Compensation for permanent impairment – if your injury results in a whole person impairment.
  • Rehabilitation and ongoing treatment – for current and future needs.
  • Out-of-pocket costs – such as medication, travel, and necessary equipment.
  • Paid care and assistance – including nursing support or help with tasks like yard maintenance.
  • Home or vehicle modifications – to support your recovery and independence.

If you are injured at work, it is essential to notify your employer as soon as possible. Wherever you can, provide this notice in writing, or follow your workplace’s policies and procedures for reporting injuries. Your notice should clearly set out the nature of the injury, how it occurred, and the date it happened.

In Tasmania, a workers’ compensation claim (for injury or death) must be lodged within six months of the incident.  Your employer has the necessary claim form information for you.  Even if this six-month timeframe has lapsed, there are avenues available to extend the time for commencing a claim in certain circumstances.

Contact us today to discuss your claim and entitlements.

Equitable Remedies

Equitable remedies are available to a party at the discretion of the court.  There are various equitable remedies, but those commonly sought include:

  • Injunction: an injunction is a court order compelling or restraining a party from doing something. A party may seek injunctive relief to preserve the status quo pending the outcome of a substantive dispute. For example, A contracts to sell a house to B. A subsequently attempts to sell the property to C for a higher price. B wishes to seek a court order requiring A to complete the sale. In the meantime, B may seek an injunction to restrain A from selling to C (or any other party) until a court determines whether the property should be sold to B in accordance with the contract.
  • Specific performance: where a court issues an order requiring a party to perform a specific act.  To use the example above, the court would order A to sell the subject property to B.
  • Account of profits: this is most often used where there has been an allegation of breach of fiduciary duty (someone who has a legal or ethical relationship of trust with another or others) to recover any profits taken as a result of the breach, thereby preventing an unjust enrichment.
  • Rescission: this equitable remedy allows an innocent party to effectively cancel the contract, thereby unwinding the transaction.  It may be sought where there has been misrepresentation, mistake, duress or undue influence which (as an example) leads a party to enter into a contract that they would not have entered into except for the vitiating factor.
  • Rectification: this relates to the court ordering a change to a written document to ensure that it states what it should have stated in the first place.
  • Equitable estoppel: where a court may order a person be prevented or “estopped” from going back on their word or restraining a person from taking a particular position where it would be inequitable for them to do so. For instance, A tells B he will allow B to rent his property for a lower rent for a particular period of time if B undertakes certain improvements, and then A subsequently attempts to increase the rent early.
Insurance & Property Damage

Paula Sutherland & Associates have acted for various insurers in relation to motor vehicle and property damage, and is very familiar with the applicable legislation.

Paula has extensive experience in this area and can assist insurers and property owners with claims for damage to property and consequential economic loss.

Paula can assist clients by:

  • advising on risk, quantum, and strategy;
  • representing parties in the appropriate Court or Tribunal; and/or
  • recovering payments from third parties.
Professional Negligence Claims

Professional negligence claims generally involve a claim made by a person who alleges that they have suffered loss as a result of the provision of services from a professional.

Claims of this nature generally require a party to demonstrate that:

  • the professional owed them a duty of care;
  • the service provided fell short of the acceptable standard, therefore the duty was breached; and
  • they suffered loss as a result.
Consumer Law & Product Liability Claims

The Australian Consumer Law, in conjunction with state-based legislation, establishes consumer rights which are referred to as consumer guarantees.  These include:

  • a business must not make false, misleading or deceiving claims about a product it sells;
  • products must be safe, durable, free from defects, fit for purpose, acceptable in appearance and match any sample or demonstration model; and
  • contracts entered into should be clear and concise and not contain unfair terms.

There are various remedies available to consumers depending upon the nature and extent of the alleged defect or fault. Consumers transact every day to purchase goods or services and unfortunately sometimes the product or service provided does not meet the guarantees mandated by law. It is important in these situations to seek legal advice at an early juncture. This is a complex area of law and remedies may extend beyond the seller in certain circumstances and guidance from an experienced lawyer ensures clients are on track to achieve the desired result.

Paula Sutherland & Associates are experienced in acting for parties making claims and also for parties who claims have been made against.

Partnership Disputes

Paula Sutherland & Associates is experienced in providing clients with advice in relation to the application of legislation and written agreements.

Debt Recovery

We act for both parties seeking payment of debts and those looking to defend a claim where it is alleged that they owe a debt to another party.

No matter what the economic climate, disputes regarding liability to pay debts, the quantum, and various other factors will occur, and it is important to have a lawyer on your side with experience and expertise in dealing with your dispute.

Subject to the amount of the claim in question, claims will typically be dealt with in the Magistrates or the Supreme Court.