Commercial Litigation Lawyers

Our commercial litigation and dispute resolution lawyers are tough and commercially savvy.

Commercial issues and disputes arise for a variety of reasons. The goal is usually to arrive at an acceptable resolution. Sometimes, the goal is to fight hard, especially when a case is strong.

If fast resolution is your key imperative, we can help you to resolve the dispute as soon as possible. Where litigation is inevitable, or already on foot, you will need a team with depth that can deal with complex legal issues quickly and decisively. This is what we offer. We act for both plaintiffs and defendants in commercial disputes, in private negotiations, mediations, and litigation cases up to and including trial (and appeal as necessary).

We are well experienced in the assisting SMEs and individuals in the following types of commercial disputes:

• general commercial disputes;
• building & construction disputes;
• contract disputes;
• compulsory acquisition of land;
• commercial leasing disputes;
• employment disputes – employer;
• employment disputes – employee;
• franchise disputes;
• intellectual property disputes;
• property disputes;
• taxation disputes;
• partnership disputes;
• debt recovery;
• insolvency;
• company disputes;
• professional negligence;
• shareholder disputes;
• family law disputes; and
• estate disputes (including estate claims).

If you are involved in a commercial dispute, and you are prosecuting a position against another party, detailed and clear legal correspondence will help put you in the driver’s seat.

If allegations have been made against you, for example by way of a letter of demand seeking money and other undertakings, or if you have been served with court documents, you should seek legal advice immediately.

In many cases, seeking legal advice early can help to prevent a dispute from escalating.

Commercial disputes and litigation can be nuanced as there is often an ongoing business relationship, for example, in the case of a franchisee and franchisor. In such circumstances, we will tailor our approach so that we can firmly defend your position, but also try hard to preserve the commercial relationship as much as possible.

Strategy

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.

Mediation

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.

Court Based Litigation

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 Experience

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.

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