Technology disputes are among the most commercially damaging and technically complex disputes a business can face. A failed software project, a vendor who delivered software that does not work, a dispute over who owns the IP from a development engagement, or a SaaS provider dispute that leaves critical business systems unavailable — each requires legal advice that combines commercial litigation capability with genuine understanding of how technology actually works.

EAGLEGATE advises technology companies, software providers, and businesses procuring technology on technology disputes — from the first signs of a project failure through to litigation. Nicole Murdoch’s engineering and IT background gives EAGLEGATE a technical credibility in technology disputes that generalist commercial litigators cannot replicate.

Technology disputes compound quickly. Act at the first sign of a serious problem, not after the relationship has completely broken down.

Key Technology Disputes Expertise — Assess, Advise, Act

EAGLEGATE advises on technology disputes across every commercial context.

Failed Software Development Projects

Where a software development project has failed — through non-delivery, non-conforming delivery, or project abandonment — the available remedies depend on what the contract says, why the project failed, and what losses have been caused. Claims available may include: damages for breach of contract; repayment of amounts paid for undelivered work; misleading conduct claims under section 18 of the Australian Consumer Law where the developer misrepresented their capability; and IP recovery claims where the client has paid for work product the developer is now asserting ownership of.

IP Ownership Disputes

IP ownership disputes in technology contexts typically arise where: a contractor claims to own IP they were paid to create; multiple parties claim rights in jointly developed technology; or an employee asserts ownership of IP created during their employment. Under the Copyright Act 1968 (Cth), copyright vests in the creator. Under the Patents Act 1990 (Cth), patent rights generally vest in the inventor. In both cases, the employment or contracting arrangement and any written assignment agreements determine who actually owns the IP in a commercial context. EAGLEGATE advises on IP ownership disputes and, where required, pursues or defends them through litigation.

SaaS and Subscription Disputes

SaaS disputes arise from: service level failures; data loss or corruption; data breach and privacy notification failures; billing disputes; termination disputes; and data portability failures on termination. Where a SaaS provider’s terms contain unfair contract terms within the meaning of the Competition and Consumer Act 2010 (Cth), those terms may now be unenforceable and their inclusion may constitute a civil penalty offence.

IT Procurement and Vendor Disputes

Enterprise IT procurement disputes arise where vendors fail to deliver contracted functionality, where go-live dates are missed and business losses result, or where services are terminated mid-engagement. These disputes require assessment of the contract, the vendor’s delivery record, the client’s acceptance obligations, and the losses caused by the failure.

Urgent Relief in Technology Disputes

Where a technology dispute involves the risk of IP misuse, data misappropriation, or the ongoing use of systems that the client has paid for and should own, urgent injunctive relief may be appropriate. EAGLEGATE applies for urgent injunctions where the commercial circumstances require immediate court intervention.

1. Technical Assessment

We assess the technical facts of the dispute — what was contracted, what was delivered, and where the gap lies — before advising on the legal position and available remedies.

2. Preserve the Record

In technology disputes, the documentary and technical record — project management records, version control histories, communications, and system logs — is critical. We advise on evidence preservation from the first sign of a dispute.

3. Demand and Negotiate

A precisely framed demand, grounded in the specific contract breach and loss, frequently resolves technology disputes without litigation. EAGLEGATE pursues negotiated resolution wherever it is commercially more efficient than court proceedings. We do not act to prolong disputes; our aim is to settle them on fair terms, consistent with the client’s rights and commercial interests, with litigation reserved for where it is necessary to protect them.

4. Litigate Where Required

Where negotiation fails, EAGLEGATE conducts technology dispute litigation in the Federal Court of Australia and the Supreme Court of Queensland, with technical credibility in how the dispute is presented.