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 to get to an acceptable resolution.
We can help you to resolve the dispute the other party/s. Where litigation is inevitable or already on foot, we are experienced in acting for both plaintiffs and defendants in commercial litigation cases up to and including trial (and appeal as necessary).
We mediate where we can and litigate where we must.
We act for clients in relation to the following types of disputes:
If you are involved in a commercial dispute, whether you need to make a claim against someone or there are allegations against you (whether or not you have been served with court documents), you should seek expert legal help.
Our commercial litigation team are experienced and knowledgeable in all aspects of commercial litigation and provide our clients professional and concise legal advice.
Or initial advice is comprehensive so you understand the merits of your case. Prior to initiating formal court proceedings we ensure that your position is articulated clearly. We correspond and negotiate with the to the other party and ensure that it 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 dispute resolution methods and strategies such as “calderbank” offers and “offers of compromise” that can be used in litigation that can motivate the other party to settle.
Prior to a trial (or final hearing), formal mediation with a mediator present is compulsory. This gives each party a real chance at reaching a satisfactory resolution. The last mediation before trial is where the issues have been articulated properly, particularly after discovery of documents by each party, and both parties have had the opportunity of extensive legal advice and the strengths and weaknesses of each side’s case typically become more evident. This is why many cases resolve at mediation. If the parties are just “too far apart” and the matter cannot be resolved, each party prepares for trial and the matter is decided by the relevant court or tribunal.
A letter of demand or a cease and desist letter is quite often the initiation of litigation. If you have received a letter or demand or a cease and desist letter you should not ignore it. You should also be considered in how you respond. If you receive a letter from a lawyer you should ensure that you get proper legal advice. Ignoring the situation can seem like the easy way out, but you may find that you are served with more court documents or increase your exposure.
Without advice there is no way that you will know if the claim is baseless or if it is legitimate. If the claim is legitimate and you have exposure you should seek to limit it and resolve the dispute to prevent further claims of damages.
We have assisted many clients in responding to claims and letters of demand with favourable outcomes. Often times the breach they assert may not be accurate or the damages they are seeking are excessive or unjusified.
Each set of circumstances are different and having a litigation lawyer help you to draft a defence and help reduce your exposure is the best course of action.
A statement of claim is a legal document that sets out the grounds of why legal action is being pursued and the details of the claim. The statement of claim is the initiation of formal legal proceedings.
The document contains information and relevant details as to why the court action is being commenced and these are called pleadings and particulars. Pleadings are the details that are relevant to the dispute and are the basis of someone’s claim against the other party.
If you have received a Statement of Claim you are the defendant and have a limited time frame to respond. If you do not respond the the plaintiff/applicant, they will be able to obtain judgment against you and damages etc from the court.
You should obtain legal advice from a qualified and experienced commercial litigation lawyer as quickly as possible. They will assist in breaking down the claim and be able to assist you to respond to each element of the claim. Sometimes this may involve making a counter-claim against the plaintiff.
The claim will no doubt outline the other parties version of events and you have the chance to respond to their claims. A lawyer may also engage a barrister for their opinion on your case and a barrister will assist in the more detailed aspects of the legislation drawing on their extensive case knowledge. Your lawyer will be able to give you an opinion on your case and the likelihood of success. This can determine how you wish to proceed and handle the matter.
If you don’t settle the matter at this stage you will most likely have a mediation as a part of Alternative Dispute Resolution and this is another opportunity to be able to negotiate and settle the dispute before it goes to court. A lot of disputes settle at mediation.
If a dispute proceeds to court it will be heard before a judge to determine an outcome in the dispute. If the parties are unsatisfied with the outcome and there are points of appeal that can be pursued a party may consider an appeal. Just being unsatisfied with the result does not give you the right to appeal a judge’s decision: there must be legal grounds and these must be carefully considered.