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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.
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:

  • successfully recovering debts owed or rejecting alleged debts that are not owed (see our separate debt page);
  • acting in matters concerning bankruptcy, insolvency and reconstruction;
  • disputes involving companies, trusts or partnerships;
  • defamatory conduct;
  • planning and environment disputes;
  • property disputes;
  • employment law;
  • building and construction disputes;
  • professional negligence;
  • advising a champion breeder of dogs who was prevented from entering a dog show;
  • negotiating favourable terms concerning transponder space on a satellite;
  • acting for a franchisor against a franchisee who refused to pay franchise fees;
  • obtaining an injunction preventing a foreign company broadcasting into Australia in breach of a contract;
  • obtaining urgent court orders freezing the bank accounts of parties where it is suspected that funds would be removed from those bank accounts and placed out of reach of our clients;
  • advising the president of a peak national sporting association who had just been kicked out by the association members;
  • obtaining an injunction to ensure that a foreign call centre mentioned GST inclusive prices to potential Australian clients;
  • acting for lenders against people who haven’t repaid loans and mortgages;
  • acting for borrowers to successfully obtain substantial reductions in the amount owed to financiers, including major banks;
  • acting for a property developer where an unsightly, decrepit and highly visible building was next door to one of his developments;
  • advising an importer of counterfeit luxury products; and
  • acting in commercial disputes against:
    • banks and financiers at all levels, including major Australian banks;
    • governments at all levels, including local, state and commonwealth;
    • insurance companies;
    • high net worth individuals; and
    • large companies of any kind, including major building companies, multinational corporations; publicly listed companies, both Australian and foreign, and superannuation funds.
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