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COMMERCIAL LITIGATION LAWYER

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Our experienced commercial lawyers will utilise the full extent of the law to ensure success.

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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.

Speak to a lawyer today

Our expert commercial lawyers are trustworthy and experienced professionals with a passion for assisting companies and individuals in need of legal advice. Our experience gives us the ability to assist no matter what the matter at hand is. We have guided clients through the commercial litigation process in each and every situation imaginable to reach their desired outcome when faced with a commercial dispute.

Business Dispute

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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.

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:

arrow  Contract disputes

arrow  Property disputes

arrow  Debt recovery

arrow  Intellectual property disputes

Case Study

Aiden is a graphic designer and works as a sole trader creating logos for businesses. He notices one day that an Instagram page that he follows is using one of his designs and passing it off as their own. He realises that he could have an intellectual property claim and decides to contact an intellectual property lawyer who assists him in initiating a claim.

Speak to a lawyer today

If you are looking for dedicated commercial lawyers who are experienced in a variety of commercial law to help protect your business, contact our legal practice today for a free consultation and further information on how we can assist you get the best from your business.

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:

arrow  Medical negligence

arrow  Lawyers negligence

arrow  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.

Case Study

Chelsea owns a store that has been damaged by an electrical fire. She has no idea how the fire occurred as it happened while the store was closed. After submitting her claim, her insurer determined that she wasn’t entitled to her full claim. Chelsea decides to engage a commercial lawyer to challenge the decision. The outcome of the proceedings saw Chelsea recover the full amount she was entitled to including the costs of her lawyer.

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.
Defamation
Case Study

Ryan is a professional athlete with the majority of his income dependent on his sponsorship deals. He notices a scathing article about him online that seeks to destroy his reputation. He later discovers that some of his sponsorship deals have been terminated resulting in a major loss of income. He speaks to his lawyer who tells him he likely has a case in defamation and helps him to make a claim in an attempt to recover his lost income in damages.

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.
Case Study

Ryan is a professional athlete with the majority of his income dependent on his sponsorship deals. He notices a scathing article about him online thJohn runs a large construction company and has a standard contract that he applies to all of his projects. Within the contract is an arbitration clause. The clause was drafted by John’s lawyer and contains all relevant information including the location that arbitration is to be held in the event of a dispute, the number of arbitrators, and the rules by which the arbitration is to abide by. As a result of this clause, John feels comfortable knowing exactly how a dispute will be dealt with should one arise.at seeks to destroy his reputation. He later discovers that some of his sponsorship deals have been terminated resulting in a major loss of income. He speaks to his lawyer who tells him he likely has a case in defamation and helps him to make a claim in an attempt to recover his lost income in damages.

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.
Case Study

Wendy and Laura are business partners who have had a disagreement about the future of their partnership which has resulted in Laura wanting to split from Wendy and open her own cafe as a sole trader. The two have been long-term friends and anticipate things getting out of hand quickly after they have their first discussion about the assets of the partnership. The pair decide to attend mediation in an attempt to resolve the dispute. The mediation is efficient and friendly, with both Wendy and Laura leaving happy and satisfied with the outcome.

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:

arrow  Contract disputes (e.g breach of contract)

arrow  Debt recovery

arrow  Partnership disputes

arrow  Construction disputes

arrow  Consumer law, including Australian competition and consumer commission disputes

arrow  Insurance litigation

arrow  Corporate disputes

arrow  Professional negligence

arrow  Property disputes

arrow  Class actions

arrow  Misleading and deceptive conduct

arrow  Financial services disputes

arrow  Other corporate claims

arrow  Disputes between businesses

arrow  Intellectual property disputes

arrow  Other forms of alternative dispute resolution

Speak to a lawyer today

Whatever your circumstances, speak to a commercial litigation lawyer from our team today. Our expertise, skills and proven track record will allow our commercial litigation team to resolve your dispute to achieve the best possible outcome.

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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FAQs

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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