trust disputes litigation

Trust Disputes & Litigation

Whatever your interests and obligations to a Trust may be, if there are legal connotations you need a specialist by your side. It’s that simple.

Trusts can be complicated in nature, but the concept is simple – it’s a legally binding agreement, but there’s trust involved. So if there’s an issue, you need a lawyer you can trust, too.   

Whether a trust is created for its own purpose, or the Trust has been necessitated by some other circumstance or action, that Trust is best described as a relationship between people in which one person or entity (the ‘trustee’) holds an asset for the benefit of another (the ‘beneficiary’).

The Trustee has ‘fiduciary’ (i.e. statutory) responsibilities – for example, acting in the best interests of the Trust, pursuing the purpose of the Trust, and putting obligations to the Trust above self-interest. It’s when those obligations are breached that you need lawyers like Antunes by your side.

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When it comes to Trusts, you can count on Antunes Lawyers.

Antunes Lawyers has a decades long history of guiding our clients through the complex landscape of Trusts. From establishing brand new Trusts, to prosecuting and defending Trust litigation, we’re really proud of our reputation for overseeing successful remedial actions.

If you’re a beneficiary of a Trust and your Trustee has breached their fiduciary duties, you have a right to pursue a number of remedies in court, including:

  • Equitable Compensation.Equitable Compensation is a form of damages. As beneficiary of a Trust you can seek Equitable Compensation for any loss suffered as a result of the Trustee’s breach.
  • Account of Profits.An Account of Profits is another form of damages, which can be sought when the Trustee has gained a tangible benefit while in breach of their obligations as Trustee under the legislation.
  • Tracing.Tracing can be sought when the Trustee has wrongfully disposed of Trust assets. Beneficiaries can seek a court order that any assets obtained by the Trustee for their personal gain can be transferred to the beneficiaries.
  • Remedial Constructive Trust.A Remedial Constructive Trust is the creation of a new Trust to remedy the wrong committed. An order is made that the Trustee must hold any asset acquired by them in a new Trust for the benefit of the original beneficiaries.
  • Institutional Constructive Trust.An Institutional Constructive Trust is a new trust where the ‘wrongdoer’ is a fiduciary of the Trust. The Trustee holds any asset for the beneficiary from the date that the breach of the fiduciary duty first occurred.
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Whatever your Trust interests are, Antunes has the answers

Call 02 9964 0499 now or fill in this form.

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tenancy disputes

Tenancy Disputes

It doesn’t matter if you’re a landlord or tenant, you deserve legal representation from a specialist lawyer who understands how to navigate the complex legislation.

The laws, legislation and ongoing issues surrounding tenancy are complicated. Fortunately, expert tenancy lawyers like Antunes are here to help.

Landlord or tenant, there’s only one way to make sure you get the best possible outcome in a tenancy dispute – and that’s to enlist the assistance of a specialist who knows their way innately around the legislation and the current legal landscape.

Whether it’s a financial dispute relating to bond or payment of rent, a dispute between tenants, a safety or maintenance matter, a dispute about damage or breach of agreement – the Antunes team has decades of experience resolving these issues for our clients, through mediation and in court.

Talk about your tenancy issue with an expert, for free

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True tenancy expertise, proven on every legal stage

Tenancy law has been a specialised focus at Antunes Lawyers for years, and over that time we’ve had the pleasure of achieving successful outcomes for landlords and tenants alike in negotiations and mediations, civil and administrative tribunals, and in local and district court.

By taking the time to examine every single option you have available, we’re able to give you the very best advice for the immediate matter at hand. Plus at Antunes we also examine your longer term outlook, giving advice to help ensure you avoid any more difficult situations in the future.

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Strata Disputes

If your property falls under a Strata agreement which governs common areas or property, make sure the legal advice you choose has proven expertise.

The negative stigma around Strata organisations is understandable, because it can be an incredibly complicated, frustrating area of law – so Antunes specialises in making it simple.  

If you own property like an apartment or unit that shares common areas and is governed by a Strata organisation, the chances you are you’ve already worked out how emotionally charged and time-consuming having dealings with them can be.

Whether the problem is a lift not working, maintenance not being done, noisy or disruptive neighbours, exorbitant or incorrect fees and financial contributions, the first step in legally addressing any Stata issue should be engaging an expert lawyer who knows how they operate.

Work out what to do next with your Strata matter, for free

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There’s always a solution with Stratas, you just need to know where to look.

The key to the right legal solution when you’re dealing with Strata organisations is to seek advice from a specialist lawyer who fully understands not only the legislation, but also the nuances of how Stratas conduct themselves – often driven by overbearing personalities with personal agendas.

Antunes Lawyers has been looking after our clients and delivering successful outcomes in matters relating to Stratas of all shapes, sizes and personalities for decades. Which means you have the peace of mind knowing that we’ve seen it all before, and we know exactly what to do next.

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Ask the Strata Disputes professionals, we’re here for you

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mediation and dispute resolution

Mediation & Alternative Dispute Resolution

Mediation and Alternative Dispute Resolution represent the most cost effective, timely way to settle many matters outside court. You just need guidance from a skilled negotiator.

Whatever legal matter is in front of you, with Antunes by your side there’s every chance we can resolve it outside court, with Mediation and Alternative Dispute Resolution.

Alternative Dispute Resolution is a collective term used to describe a number of processes available to you which could resolve your legal matter outside of court, using an appointed independent specialist to co-ordinate communications between parties.

Whether it’s Conciliation, Arbitration or the Mediation process which best suits the matter at hand, the key to ensuring you get the best possible outcome is engaging the best possible legal advice, from professionals with your best interests at heart.

Find out if Alternative Dispute Resolution suits you, for free

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The benefits & different types of Alternative Dispute Resolution

Alternative Dispute Resolution has a long history of high success rates and satisfaction among parties, largely because it’s cheaper, quicker, less stressful, and also allows the parties to have a greater influence over the settlement – in many cases preserving relationships, too.

Antunes will always advise you to investigate the possibility Alternative Dispute Resolution before commencing legal proceedings, and it’s important to remember that, even if legal proceedings have begun, it always remains an option if circumstances change and there’s new scope to negotiate.

  • Conciliation. A Conciliator helps parties identify issues and brainstorm options and alternatives, with the hope of reaching a mutually agreeable settlement.
  • Arbitration. An Arbitrator is appointed and the disputing parties submit their evidence. The Arbitrator will make a determination on the facts and evidence presented.
  • Mediation. A Mediator is appointed to facilitate communications between parties, helping them identify key issues at the heart of the dispute and hopefully negotiate settlement.
Talk to Antunes

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Find out what dispute resolution path is right for you

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Defamation

Defamation

Your right to free speech and freedom of expression deserves defending, so too does the truth and your reputation. Defamation is a delicate legal balancing act that we’d love to help you with.

Whether you’re defending your right to free speech, or your character in a defamation matter, Antunes has specialist expertise to ensure the best possible outcome. 

The legal definition of defamation in Australia refers to publicly published material that is false or partially truthful and has damaged a person’s reputation, or led them to be ridiculed, insulted or despised by the general public – in which case there may be grounds to file for defamation.

Whatever side of a defamation case you find yourself on, you need specialist legal expert by your side – a lawyer who fully understands defamation legislation and is highly skilled in the delicate balancing act between protecting free speech and defending reputation.

Discuss your defamation matter with an expert, for free

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The right lawyers for defamation in a digital age

One thing to be very careful about when choosing your representation in a defamation matter, is that your lawyers understand defamation in the digital age. Defamation is no longer confined to traditional mainstream publishing and broadcasting – it’s in every corner of the online world.

To say that the internet and social media have complicated defamation cases and legal precedents is an understatement, and the legislation is constantly changing and evolving as the law struggles to keep up with technology. As your defamation specialist, Antunes is always on the ball.

Just because someone doesn’t like it, doesn’t mean it’s defamation

Some uncomfortable things may have been said and reputations may have been hurt, but there are some very acceptable reasons for doing so in the eyes of defamation law.

  • Opinion. If it’s simply an honest opinion, you’re entitled to it.
  • Triviality. If it’s clearly a trivial matter, the law overlooks it.
  • Truth. If what’s been said is true, there’s no defamation.
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If you need help in a criminal case, call us

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criminal lawyer

Criminal Matters

If you or someone close to you needs a criminal Lawyer and first class legal representation, choose lawyers who lead towards optimised outcomes.

Any kind of criminal matter can be incredibly stressful, whatever the charge and whatever the truth, so Antunes specialises in making your journey as smooth as possible.

Criminal cases are often a daunting experience for everyone involved, or even just close to it. From lower-level charges like traffic offences, to serious crimes like sexual assault, the legal system can seem stacked against you unless an experienced criminal lawyer has your back.

At Antunes Lawyers, being able to help you in any area of law is a point of pride, so our commitment to delivering fully informed, highly efficient legal services extends into any kind of criminal matter. You get leading-edge legal advice across the board, because we do our homework.

Talk things through with a specialist, for free

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Everyone deserves determined criminal representation 

From minor summary offences at local court level to serious district and state court matters, underpinning everything we do at Antunes Lawyers is an unwavering commitment to give every single client the same determined representation – regardless of circumstances or finances.

So it doesn’t matter if you’re appealing a traffic offence or you’re accused of something much more serious, when you engage Antunes Lawyers you’re guaranteed to get top shelf legal advice, whatever your background or bank balance.

Antunes Lawyers: Recent criminal case portfolio

  • Traffic Offences
  • Assault & Battery
  • Intimidation
  • Sexual assualt
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If you need help in a criminal case, call us

Call 02 9964 0499 now or fill in this form.

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Poppy Kambas

Poppy Kambas

Poppy is a Graduate Lawyer in our Litigation & Disputes team at Antunes Lawyers. Prior to her arrival at Antunes Lawyers in 2022, Poppy completed a Bachelor of Arts/ Law and is an alumni of the University of New South Wales (UNSW). Poppy has previous experience in commercial law, commercial litigation and disputes.

Poppy provides support and assistance to our lawyers in preparing complex court documents, gathering and preparing evidence for trial at all levels, including Local, Supreme, District and Federal Courts.

Poppy provides exceptional service to our clients and successfully assists in guiding our clients through the complexity of litigated and non-litigated disputes. Poppy’s attention to detail and work ethic provides the basis for achieving excellent results for our clients.

Poppy is a dedicated and positive member of Antunes Lawyers. Poppy’s friendly attitude and empathetic understanding of our clients needs makes her a valuable member of the Litigation & Disputes team.

Get in touch with Poppy today

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Areas of expertise


Nicola Ayers

Nicola Ayers

As a member of our Litigation and Disputes and Family Law teams, Nicola provides advice and assists our clients across a large range of issues, including civil and commercial disputes and complex parenting and property matters.

Nicola was admitted to practice as a lawyer in the Supreme Court of New South Wales and the High Court of Australia in early 2018. Her background is in commercial litigation & disputes, including all aspects of personal injury and medical negligence, family law and wills and estates litigation. Nicola has experience representing clients in the Federal Court of Australia, Supreme, District and Local Courts of New South Wales and the Family Court of Australia.

Nicola has extensive Court experience and her approach to litigation and various alternate dispute methods is balanced and client focused. She is passionate about protecting and defending the rights of those less fortunate and her empathetic approach differentiates her from other lawyers in her field. Nicola aims to develop and maintain understanding and constructive relationships with clients to achieve their legal needs. Nicola communicates clearly, in a plain-English style and her attention to detail, approachability and integrity are essential to her ability to advise and achieve positive results for our clients.

Get in touch with Nicola today

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Margaret Antunes 2022

Phone: 02 9964 0499

Margaret has been the centre of Antunes lawyers since its conception in 1996.

Margaret’s commitment to the firm and her deep understanding of the legal practice has enabled her to significantly build on the firm’s success.

Under Margaret Antunes, Antunes has evolved into an elite legal practice and is renowned as the number one law firm north of the Sydney Harbour Bridge servicing clients nationwide and internationally.

With almost 40 years of experience, Margaret is actively involved in all areas of law which the firm practices in and her wealth of knowledge is spread across all teams at Antunes, ensuring that the firm delivers real value and certainty to all of its clients.

Margaret has expertise in:

  • Corporate and Trust structuring for asset protection and tax effectiveness;
  • Complex trust matters including breaches of trust and equitable duties;
  • Contract and Shareholder disputes;
  • Corporate advisory work relating to directors’ duties, breaches of the Corporations Act, and actions brought by Australian Securities Investment Commission (ASIC);
  • All property transactions, residential and commercial;
  • Acting for developers;
  • Dealing with investigations and prosecutions by federal and state regulators such as ASIC and the Fair Work Commission;
  • Preparing and advising on technical commercial and business contracts and service agreements;
  • Mergers and acquisitions;
  • Subdivision, titling, planning and development, GST, stamp duty and financing;
  • Land and environment planning; and
  • Building and Construction.

Being a member of the Society of Trust and Estate Practitioners (STEP), a global society to which membership is admitted on merit in these practices, Margaret is particularly experienced in trust and estate planning law.

Margaret has a Bachelor of Laws (University of Sydney), Master of Laws (University of Sydney) in business, trade practices, tax and international business law.

Get in touch with Margaret today

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Maria Tzannes

Maria Tzannes

Maria Tzannes

Phone: 02 9964 0499

Maria has been practicing for over 40 years, bringing a wealth of knowledge and experience to a range of legal matters. She ran her own practice as a solicitor and as a barrister for many years and taught law as an Associate Professor and Director of Professional Legal Education at university level and at the College of Law.

Maria is available to be consulted by clients on any matter that is or becomes out of the norm or at the ‘cutting edge’ to provide legal knowledge and expertise as well as strategic direction and focus.

Get in touch with Maria today

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