Our business litigation and dispute resolution lawyers are experienced in advising and assisting business clients with difficult and challenging legal disputes.
Commercial and business disputes that can resolved quickly should be. If litigation is necessary, you need to know your lawyers are focussed, determined and capable.
We have extensive expertise and knowledge in managing and resolving a wide range of commercial law and business disputes. Our litigation lawyers have great commercial nouse. We understand and seek to limit of the impacts of disputes and litigation on our SME client’s businesses.
Our litigation lawyers have extensive experience in the following types of disputes:
We are determined to provide our clients with cost-effective, high-quality legal advice and service. We appreciate that different people have unique reasons for pursuing a claim. Thinking through a strategy first can save time and money – and usually produces excellent results.
For those initiating or defending allegations against them, thoughtful strategising and consideration of all the circumstances is the most sensible starting point.
We are tough and determined litigators. After working out an appropriate strategy, we will have given consideration as to how to proceed. Initially you are typically deciding the approach you take and whether it is more conciliatory or a more determined and forceful approach.
We have a deep understanding of the law and have access to the resources needed to handle the most difficult of cases. We have depth in our litigation team which means that there is a variety of experience to draw upon. Furthermore, we can move quickly to handle complex and urgent applications.
At the same time, we consider the commercial reality of your claim and consider your commercial outcomes. In business disputes it is common that there is a continuing commercial relationship such as is in Franchise Disputes. This calls for a more nuanced approach to negotiations.
There are many ways of achieving a settlement between the parties. It could mean that you are running different strategies simultaneously such as making an offer of settlement or mediation during a court-based litigation.
Where litigation is unavoidable, our team has the skillset to represent you. We are experienced in any type of Court or tribunal and can protect your interests with vigour.
We look to achieve the best outcome and typically find that most matters settle when the parties are prepared to reach a compromise. For business owners, compromising on the outcome can be a better commercial decision in the long-run. However, in some instances a settlement will not provide you with the best outcome or protect your business interests appropriately.
If your matter goes to court, there are many ways to reach agreement before it is heard in court. “Calderbank” offers and “offers of compromise” can be drafted to prompt the other party to settle.
Many courts require the parties to attend mediation prior to or as a part of the court proceedings. Mediation is highly successful in getting parties to reach an agreement in a less formal (and expensive) setting than court. A mediator is neutral and usually well experienced in getting the parties to reach an agreement. Our lawyers will prepare and assist you in mediation.
In some mediations clients cannot have their lawyer attend. In these instances, we can advise and prepare you beforehand on what to expect and how to present your case. Often in these cases, you are often coming up against a more experienced and seasoned party, so it is wise to get all the assistance you can.
If you don’t reach a resolution at mediation, the matter may go on to court. There are still opportunities to settle later via private negotiations or other mediations.
Our litigation team and law firm have the necessary support to provide the full range of legal services. This is critical given that there are many different areas of law that impact SME businesses.
We routinely assist small and medium sized business owners and individuals in a wide range of litigation they may encounter. Whether the matter is misleading and deceptive conduct or any other type of matter; we can assist.
Seek legal advice today on how our commercial litigation lawyers in Melbourne can help resolve your dispute.
If you believe that you have a claim against another party or are involved in a dispute, you should speak to a commercial litigation lawyer to see if you have a legal basis for your claim.
You will need to have your information organised and supporting documentation ready. This will make it easier for your lawyer to review the materials and the surrounding facts of the case and prepare an advice for you.
Advice may be simple if the matter is not complex, however the more complex the matter, the more issues there are to be considered. The more material and supporting evidence you have the better for your case.
If you are concerned about events that have taken place or discussions, you should make a “diary note”. Diary notes are admissible in court, be sure to record the events and store them securely.
When you come to see a lawyer having the right material and questions put together will help you get the most out of your meeting. It will make the time more constructive. At the meeting you will be able to take notes and leave being informed and having options and a pathway to resolving your dispute.
It may be that litigation is not the best path. In this case, a litigation lawyer would give you other options or courses of action that you can pursue. Obtaining advice will help you in resolving the matter sooner. It can also help you identify the reasons for the dispute arising such as poor-quality agreements or terms of trade etc.
Firstly, you should speak a lawyer to discuss the merits of your case. You should check that the law firm, and lawyer, has sufficient experience in the area. You should also consider whether the individual lawyer possesses the soft skills to carry out negotiations effectively.
You should ask yourself: Are they listening to you? Do they understand? Can they successfully negotiate on your behalf? Do they have the resources to take on your case?
Commercial understanding is a key ingredient in being a successful litigation lawyer.
However, we understand that commercial law knowledge is not enough to make a good lawyer. Our commercial litigation lawyers pay particular attention to commercial realities of your business. They are skilful and pragmatic negotiators. Sometimes being tough is not always the right approach.
In protracted and heated disputes, being able to read the situation and having considered advice is key to reaching better outcomes.
Short-term and long-term objectives in business disputes can be different. Understanding how a dispute or litigation outcome affects your business is integral to what we do. Negotiations and court proceedings can be very complex and having a professional and well organised legal firm behind you will ensure you have the best chance of success.