Commercial Litigation Lawyers

Our initial advice is comprehensive, so you understand the merits of your case. Prior to initiating formal court proceedings, it is imperative that your position is articulated clearly to you. We correspond and negotiate with the other party and ensure that your position is framed correctly.

Mediation is a useful tool in resolving disputes and there can be several attempts at mediation before a trial commences.

There are also other alternative dispute resolution (ADR) methods and strategies such as “calderbank” offers and “offers of compromise” that can be used in litigation to motivate the other party to settle.

Prior to a trial (or final hearing), a formal mediation before a mediator is compulsory. This gives each party a real chance to reach a satisfactory resolution.

The last mediation before trial is a time when the issues of a matter are articulated properly, particularly because by this time discovery of documents has been made by each party, and both parties have had the opportunity to obtain extensive legal advice.

The strengths and weaknesses of each side’s case typically become more evident; therefore, many cases resolve at mediation. If the parties are just “too far apart” and the matter cannot be resolved at mediation, each party then prepares for trial and the matter is decided by the relevant court or tribunal.

Going to trial or a hearing can be a daunting process. It can also be an expensive process. Courts or tribunals are essential and even during a trial or hearing, a resolution can be negotiated.

Parties may need to go to court to enforce their rights or position.

If you have been served with a claim or a writ, you will need to take immediate action to defend your position.

An experienced litigation lawyer can prepare the necessary court documents and prepare your case more broadly. Cases often involve the appointing of barristers and gathering evidence and expert reports to substantiate and defend your legal position.

It is important that this is carefully considered from the outset. It is crucial that claims and counterclaims are carefully drafted, as trying to amend these later on in the matter, or trying to change jurisdiction, can be costly or may diminish your legal position.

Our experienced litigation lawyers have extensive experience in preparing and strategising on legal matters and cases. They understand how to consider, draft and present legal documents.

Not all lawyers are competent in litigation or court-based proceedings. Our commercial litigation team understand the various court rules and time frames that impact your matter.

They can also give you a good estimate of your chances of success and what constitutes a good settlement offer.

We have an extensive network of barristers and experts whom we brief, as appropriate.

Not only are our lawyers knowledgeable and experienced, but you are supported by a team of professionals that contribute to preparing and presenting your case in the best possible light.

For more information of what a litigation lawyer does read our article here.

Contact us obligation free to discuss your situation. Our commercial litigation and dispute resolution team can be contacted on 1300 907 335.

Alternatively, you can fill out the contact form on this page and we will respond to you promptly.