Commercial Litigation

Legal Disputes can take many forms within a commercial setting. The broad area of Court proceedings which is generally referred to as Commercial Litigation embraces a wide variety of business law, corporate law and business disputes.

When business disputes extend beyond negotiations and other forms of dispute resolution, it falls to commercial litigation lawyers to settle the issue. The broad area of Court proceedings which is generally referred to as Commercial Litigation embraces a wide variety of legal matters, from shareholder disputes, construction disputes, debt recovery, statutory demands and intellectual property disputes.

These can include disputes between two parties within the same company, or those with whom you have business dealings.

Types of Commercial Disputes

  • Partnership disputes and disputes between shareholders in a private company;
  • Contract disputes between buyers and sellers of residential and commercial property, including leasing disputes;
  • Business disputes between parties as to their respective obligations under commercial contracts;
  • Disputes between a property owner and their mortgagee;
  • Enforcement of intellectual property rights associated with patents, trademarks and registered designs;
  • Employment disputes between employers and employees;
  • Contractual disputes between bodies corporate and caretakers, letting agents or strata managers;
  • Disputes between a lot owner and their body corporate;
  • Pursuing recovery of debt against individuals and corporations and defending such claims;
  • Representing parties to disputes with regulatory authorities such as ASIC and the Office of Fair Trading.

Resolving Commercial Disputes

Our law firm has many years of experience in resolving legal disputes of a commercial, corporate or business nature, often without the necessity to resort to litigation but, where all else fails, we have conducted successful litigation on behalf of clients on the Gold Coast and beyond, through all court jurisdictions up to the appellate courts, and the High Court of Australia.

Our commercial litigation team has extensive experience and applies the skills which it has developed in these areas to achieve the best possible results for our clients, in the most cost-effective manner. Balancing the significant costs which are always associated with Court litigation against the client's achievable commercial outcomes is an important part of that process.

We would be pleased to have the opportunity to discuss any requirements which you may have in this area of the law and explain how we may be able to assist you to achieve better outcomes.

Centrally located in Southport on the Gold Coast, contact ABKJ Lawyers for advice and guidance on your commercial litigation matter today.

More About Commercial Litigation

Resolving a business dispute

Escalating disputes to litigation carries business risks and costs. By using a commercial lawyer, it is often the case that a dispute can be resolved quickly and efficiently without significant costs being incurred. In the event that the dispute cannot be resolved, your lawyer can commence Court proceedings to have the dispute determined by the Court.

What constitutes a breach of contract?

One party’s failure to fulfil any of its contractual obligations is known as a breach of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. These types of disputes can include Franchise Agreements, Commercial Leasing, Supplier Contracts, Sale of Business or Employment Contracts.

Are there alternatives to litigation?

There are a number of legal methods and procedures available. These alternatives generally expedite the resolution of disputes without the need for initiating or continuing the formal process of litigation. These alternatives are broadly referred to as alternative dispute resolution (“ADR”), which avoids the expense and delay of full or complex litigation process.

What should I do if am being sued?

The first thing you need to do when you find out you are being sued, usually when you are served with a complaint, is to immediately seek expert legal advice. Make a note of the time and date of service, as you normally only have 28 days to file a Defence. If you fail to respond, a default judgment for the amount of money named in a complaint may be entered. Once such a judgment is entered, it is very difficult to get it modified or reversed. This may put you in a disadvantaged position.

Why is it important to hire a lawyer for business litigation?

Commercial litigation is a specialised area of practice. There are many reasons why you should hire a commercial litigation lawyer.

1. Protection of business interests

Commercial litigation lawyers are focused on protecting business interests. No matter what issue a litigation lawyer is asked to provide counsel on, you will have someone who is devoted to providing timely legal counsel and protecting the interests of the business.

2. Specialisation of focus

Commercial litigation can be very disruptive to the business. Having a commercial litigator dealing with a matter means you have a go-to person who is prepared to focus on addressing these issues, which allows you to focus on your business.

3. Expertise in commercial litigation

Experienced litigation lawyers help determine whether litigation is the right course of action. These professionals can also recommend more cost-effective and expedient strategies for business dispute resolution.

What is the difference between mediation and arbitration?

Arbitration and mediation are similar in that they are alternatives to traditional litigation, and sometimes they are used in conjunction with litigation. Both arbitration and mediation employ a neutral third party to oversee the process, and they both can be binding. However, it is common to employ mediation as a non-binding process and arbitration as a binding process. In simpler terms, binding arbitration replaces the trial process with the arbitration process.

Arbitrators take on a role like that of a judge, make decisions about evidence and give written opinions (which can be binding or non-binding).

Mediation, on the other hand, is generally conducted with a single mediator who does not judge the case but simply helps to facilitate discussion and eventual resolution of the business dispute.

Can I appeal the results of my case?

If you disagree with a court’s decision or think your penalty is too harsh, you may be able to appeal to a higher court. However, a higher court could reject your appeal and give you an even harsher penalty. Get expert advice before deciding to appeal a decision.

Why Choose ABKJ As My Commercial Litigation Lawyer?

ABKJ Lawyers has been conducting business on the Gold Coast since 1970 and provide a comprehensive range of legal services to its clients, which include large corporations, local authorities and institutions as well as many small business and private individuals located throughout the Gold Coast, Queensland, interstate and overseas.

While being one of the larger and longest established commercial law firms on the Gold Coast, they have not lost sight of the necessity to maintain sound personal relationships in dealing with all clients with a track record of achieving positive outcomes.

For all matters relating to litigation, business disputes and commercial dispute resolution, please contact us today.