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Commercial Litigation

So what is commercial litigation and when do you need one of our expert team who practice in this area of specialty?

Commercial litigation is where a business or company is involved in a dispute. In most commercial litigation cases the dispute is attempted to be resolved by negotiations. When negotiations fail the skills of an expert commercial litigation lawyer are required to put your best case forward in court.

Commercial Litigation Team

You need a commercial litigation lawyer when:

  • your dispute:
    • concerns a business, whether operated by you or somebody else;
    • is over money owed by you or to you concerning any commercial arrangement;
    • concerns the purchase of goods or services;
    • concerns a contract such as a loan agreement, any lease, building contract, franchise agreement, insurance contract, employment contract, contract concerning property; and
    • is related to a company, a trust, a partnership or any other agreement or arrangement between people:
  • you:
    • have debts you cannot pay or are owed money by people who have not paid you;
    • are being stuffed around by someone who does not do what they said they would do, or does not do what they should do;
    • are being prevented from doing something you would like to; and
      are uncertain about your rights concerning any of the above.

Commercial litigation matters are very diverse.

Matters our lawyers have handled include:

  • Suing solicitors who failed to warn their clients about the risks involved in an unusual lease.
  • Suing solicitors who incorrectly advised their client about the effect of legislation impacting their business.
  • Suing a building inspector who failed to inform home-buyers about major structural defects.
  • Suing a construction company that damaged a house adjacent to their construction works.
  • Applying to the Supreme Court for the appointment of a statutory trustee for the sale of property owned by disputing parties.
  • Acting for companies in disputes with the Australian Taxation Office (including one client whose debt was reduced from over $100,000, to less than $40).
  • Defending court action brought by debt collectors.
  • Representing clients in restraint of trade disputes with former employers.
  • Advising clients in neighbour disputes regarding boundary fences and retaining walls.
  • Advising a mechanic in relation to a claim of defective repair works by a former customer.
  • Acting for a borrower who was being pursued by a foreign bank for a debt incurred while living overseas.
  • Acting for landowners whose family home was being resumed by a government department for public works.
  • Acting for a client who was seeking to recover a substantial sum of money that they had lent to a family friend without a written loan agreement.
  • Negotiating a favourable outcome for a client who was in a dispute with a business over the termination of a hire agreement.
  • Acting for a commercial lessee who was in a long running dispute with their lessor over the terms of the lease.