Business Litigation

Strategy is Important in Business 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 less 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.

Call us on 1300 907 335 or alternatively, contact us using our enquiry form and we will respond to you promptly.