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COMMERCIAL LITIGATION LAWYER

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commercial litigation lawyer

Commercial litigation and dispute resolution is a complex area of the law that deals with disputes between a range of entites, including business disputes, individuals, administrative bodies and government bodies.

Therefore if you or your company are facing a commercial dispute, it is imperative to seek a commercial litigation lawyer as soon as possible. Not only will this protect the rights and interests of you or your company, but a commercial lawyer will also discover legal issues that arise throughout the dispute and provide you with ongoing advice to resolve the matter in the most commercial and timely way possible.

What is commercial litigation?

When two or more parties are engaged in a commercial dispute, commercial litigation is the process by which proceedings are initiated to reach a resolution.

No commercial disputes are ever the same and that’s what makes commercial litigation so complex. Each claim will have its own unique issues and that’s why you should seek legal advice immediately.

Our process

We begin by gaining a comprehensive understanding of the dispute in question and you or your company’s financial position. We then begin to work closely with the client to ascertain the most ideal solutions and formulate a pathway to achieve it.

We place your desired outcome as the most important consideration. Therefore, we take the time to explain the process carefully as well as your rights and obligations during the litigation process. We understand that commercial litigation can be incredibly challenging and we will do our best to guide you through every step of the way.

Our tip

Seek advice early. For a lot of legal issues, there are time limits for you to pursue a claim. Therefore, it is in your best interests to speak with one of our Lawyers and get yourself independent legal advice as soon as possible. This can also help by mitigating future losses that you may be exposed to.

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Common commercial disputes

Business disputes

Business disputes may take a variety of forms, they often involve significant sums of money and can often lead to time-consuming and stressful proceedings if not managed properly. The most common forms of business disputes include:

  • Contract disputes

  • Property disputes

  • Debt recovery

  • Intellectual property disputes

Professional negligence

Professional negligence describes the failure of a person acting in a professional capacity to do so with reasonable skill and care in their duties. If you believe that you are the victim of professional negligence then you may be entitled to compensation, some common types of professional negligence include:

  • Medical negligence

  • Lawyers negligence

  • Financial services negligence

Trust disputes

Typically, a trust dispute will involve a disagreement over the handling of a trust or an estate. Trust disputes are best resolved using alternative dispute resolution methods.

Insurance disputes

A lawyer can help you challenge the decision of an insurer, typically when they reject your claim or when you believe you are entitled to a death benefit. It’s imperative to engage a lawyer if you believe you are entitled to more than what you have received, especially if the amount is significant.

Administrative law

If you disagree with an administrative decision made by a government body or regulatory authority, a lawyer may be able to assist you in challenging the decision which could overturn the decision and result in a better outcome for you.

Defamation

If you feel you have been defamed by somebody else or you are being accused of defamation, speaking to a lawyer is crucial. A lawyer can help you initiate or defend a claim of defamation.

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Alternative dispute resolution

We generally encourage clients to exercise alternative avenues of dispute resolution to settle claims before they go to court. Whilst in some circumstances this isn’t possible, alternative dispute resolution is a cost and time-effective way of managing a dispute and is generally in the best interests of both parties.

Arbitration

Arbitration is essentially a substitute for going to court. This process involves hiring Lawyers or another professional to act as an arbitrator. Arbitration firstly requires the parties to consent to an arbitration agreement, which is generally a clause already incorporated in a business agreement.

The parties present their case and their evidence before an independent arbitrator with the intention of that person solving the dispute.

Mediation

Mediation differs from arbitration in that it is a more collaborative process. Unlike arbitration, the parties will determine the conditions of the mediation and remain in charge of the procedure they are to follow.

The mediator will act as an impartial intermediary, simply assisting the parties to reach a compromise rather than deciding on the case themselves. Mediation is a timely, cost-effective alternative to settle a dispute and is generally the preferred method by parties who don’t wish to sacrifice their business or personal relationship in the process.

When disputes arise, our team focus on strategic choices to determine the best outcome for our clients. Our dispute resolution team will provide you with the best advice for managing your dispute across all areas of commercial litigation, including:

  • Contract disputes (e.g breach of contract)

  • Debt recovery

  • Partnership disputes

  • Construction disputes

  • Consumer law, including Australian competition and consumer commission disputes

  • Insurance litigation

  • Corporate disputes

  • Professional negligence

  • Property disputes

  • Class actions

  • Misleading and deceptive conduct

  • Financial services disputes

  • Other corporate claims

  • Disputes between businesses

  • Intellectual property disputes

  • Other forms of alternative dispute resolution

Disclaimer

The above is general legal information and should not be considered legal advice. You should speak with one of our commercial lawyers for legal advice tailored to your specific legal matter. The courts and tribunals deal with matters on a case by case basis. It should also be noted that there may be delays due to COVID-19.

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Frequently Asked Questions.

In essence, one party’s failure to fulfill an obligation placed on them under contract is a breach of contract. However, a breach of contract is rarely straightforward and often requires a lawyer to make an analysis.

A good lawyer will help you to work with the other side and exhaust all alternative methods before having to go to court. However, some situations will inevitably need to be resolved in court and that’s when it becomes crucial to have a trustworthy lawyer by your side.

Seek legal advice immediately. If you are served with a court document, make note of the date you receive it and contact a lawyer.

If you don’t agree with the outcome of your case or believe a penalty is too harsh, you might be able to appeal to a higher court. Although, you need to be aware that the higher court can reject the appeal which can leave you with a harsher penalty. Legal advice is crucial before appealing a decision of the court.

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