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Samantha Hotton - Senior Associate

Samantha Hotton Samantha advises on all types of litigation and dispute resolution matters, including disputes related to commercial contracts, Australian Consumer Law, debt recovery, liquidation and bankruptcy matters.

Overview Experience Publications Contact

Samantha advises on all types of litigation and dispute resolution matters, including disputes related to commercial contracts, Australian Consumer Law, debt recovery, liquidation and bankruptcy matters.

Samantha also advises subcontractors on disputes arising out of major resource projects in Western Australia, including assisting with adjudication applications.

Her experience includes advising clients, trial preparation and facilitating out of court settlements for matters before the Queensland Civil and Administrative Tribunal (QCAT), Magistrates, District and Supreme Courts of Queensland and Western Australia as well as interstate Courts including Northern Territory.

Samantha holds qualifications in Laws (Hons) and International Business from the Queensland University of Technology.

Areas of Practice

  • Acting for parties to contracts in various forms of commercial contract disputes and litigation.
  • Acting for an ASX-listed construction company on a variety of disputes with contractors and developers in the Magistrates, District and Supreme Courts of Western Australia including:
    •  Application for leave to enforce an Adjudicator's Determination;
    • Application to set aside default judgment;
    • Applications to set aside statutory demands; and
    • Disputes in relation to defective works and recourse of security under construction contracts.
  • Preparation of adjudication applications under the Construction Contracts Act 2004 (WA).
  • Acting for a supplier that commenced proceedings in the Supreme Court of Western Australia against contractors in relation to various delays under a Contract for the supply of rock and other material quarried by the supplier for the Wheatstone Project at Onslow, Western Australia.
  • Acting for a subcontractor that commenced proceedings in the Supreme Court of Western Australia against a contractor in relation to a contract for the performance of bulk earthworks for the Roy Hill Project at Newman in Western Australia.
  • Advising on matters related to debt recoveries, including prosecuting applications to set aside statutory demands and defending bankruptcy notices and winding up applications.
  • Acted for a large New Zealand Tool and Die Manufacturer in respect of proceedings commenced in the Supreme Court of Queensland for damages where the company was subject to a claim in respect of defective bullbars.
  • Acted for one of Australia’s largest mango producers in proceedings commenced in the Supreme Court of Northern Territory in respect of a breach of contract in relation to the performance of various repairs and improvement works to the mango producer’s plant machinery.  
  • Assisting the largest grower of coffee and the top five banana grower in Australia in relation to a shareholder dispute.
  • Assisted in advising Jamie Whincup and Triple Eight Race Engineering (Australia) Pty Ltd in proceedings commenced in the Supreme Court of Western Australia in relation to a dispute about whether Monster Energy (an energy drink company which formerly sponsored Jamie and Triple Eight, and whose main competitor worldwide was Red Bull) could stop Jamie from driving a Red Bull branded race vehicle for Triple Eight in the Australian V8 Supercar Championship Series.
  • Advising on complex neighbourhood disputes, including claims of nuisance and trespass.
  • Acted for an owner of a residential property at Hamilton Island in successfully striking out an Application brought by the adjacent owner in QCAT under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) with respect to trees located within the property.  The landmark decision confirmed that the relevant provisions of the Act concerning trees did not apply as the property in question (and all of the land at Hamilton Island) is Crown leasehold land, which did not satisfy the requirements of the Act.
  • Advising businesses and individuals on the effect of the Australian Consumer Law (such as defective motor vehicles and consumer guarantees), including drafting extended warranty provisions.
  • Acted for a retail supplier of caravans in defending warranty claims as well as investigations by government fair trading departments and advising the retailer with respect to their obligations under the Australian Consumer Law. 
  • Acted for a national supplier of hire equipment in obtaining interim injunctive relief in the Supreme Court of Queensland, and thereafter seeking permanent injunctive relief and damages, against a former employee acting in competition to the company and contrary to their post-employment obligations. 
  • Advised a major photocopier supplier in relation to contractual disputes and assisting them to recover moneys owing.
  • Acted for a company in defending a damages claim brought against it in the Ballarat Magistrates Court in Victoria for breach of contract in relation to the provision of laminating services and products.