fbpx
Commercial Litigation Lawyers

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.

FAQs

What to do if you have received a letter of demand?

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 – do not ignore it.

You should get proper legal advice quickly to ensure that you preserve your position. You should also be very considered in how you respond.

Ignoring a letter from a lawyer can seem like the easy way out. However, you may find that if you ignore such a letter, you are then served with more court documents, or you may increase your exposure. Time limits can apply to legal matters and the more time you give yourself to receive advice and prepare a response, the better your position will be.

Without advice there is no way to 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 your exposure 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 the breach asserted in the letter of demand our clients receive may not be accurate or the damages sought are excessive or unjustified.

Each set of circumstances are different, and having a litigation lawyer to help you draft a defence and help reduce your exposure is the best course of action you can take.

What is a Statement of Claim?

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.

What to do if you have received a Statement of Claim?

If you have received a Statement of Claim, you are the defendant, or respondent, and have a limited time frame to respond. If you do not respond, the plaintiff/applicant will be able to obtain judgment against you and may seek 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 can assisting you in responding to each element. Sometimes this may involve making a counter-claim against the plaintiff.

The claim will no doubt outline the other party’s version of events and you have the chance to respond to their claims.

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.

A lawyer may also engage a barrister for their opinion on your case. A barrister will assist in the more detailed aspects of the legislation, drawing on their extensive case knowledge.

If you don’t settle the matter at this stage, you will need to attend mediation early in the proceeding, and certainly prior to trial. This is another opportunity to negotiate and settle the dispute before it goes to court. Most disputes settle at mediation.

If a dispute proceeds to court it will be heard before a judge to determine an outcome. 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. The grounds for an appeal must be carefully considered.

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

When the ATO comes knocking.
  Do you have a tax debt?  Have you been issued with a letter of demand from the Australian Taxation...
When friends Fall Out In Business Partnerships
Business partners – friends or foes? We all know that divorcing a spouse is a relatively common and distressing experience....
What does a litigation lawyer do?
Contrary to popular belief, the life of most litigation lawyers does not revolve around dramatic courtroom confrontations. Instead, the litigating...

Make An Enquiry

  • This field is for validation purposes and should be left unchanged.

Our Locations

Melbourne CBD

Level 15,
440 Collins Street,
Melbourne VIC 3000

Sydney

Level 33,
264 George Street,
Sydney NSW 2000

Chadstone

Level 8,
1341 Dandenong Rd,
Chadstone VIC 3148

Dandenong

Level 2,
311 Lonsdale St
Dandenong VIC 3175

Frankston

Ground Flr,
435 Nepean Hwy
Frankston VIC 3199

Moorabbin

Level 1,
441 South Road
Moorabbin VIC 3189

Preston

Ground Flr,
84 Hotham St,
Preston VIC 3072

Sunshine

Level 5,
12 Clarke Street
Sunshine VIC 3020