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Commercial Disputes

You are here: Home / Services / Commercial Disputes

commercial disputes in Queensland commercial litigation lawyerCommercial disputes most commonly arise from breach of contract, construction disputes, debtor/creditor disputes, misleading & deceptive conduct, Australian Consumer Law disputes, intellectual property disputes, partnership disputes, product liability, and/or shareholder disputes.

Commercial litigation is the broad term used for almost any commercial disputes which arises in business.  We use a number of strategies to try to resolve commercial disputes quickly, commercially, and with the least amount of costs.

We can offer advice and assistance in the following disputes:

  1. Breach of contract
  2. Construction disputes
  3. Debtor/creditor disputes
  4. Misleading & deceptive conduct
  5. Australian consumer law disputes
  6. Intellectual property disputes
  7. Partnership disputes
  8. Shareholder disputes

DEDICATED FOCUS – COMMERCIALLY MINDED – PROVEN RESULTS

GET A FREE FEE ESTIMATE NOW

Or call to discuss your commercial disputes 1300 545 133

Breach of Contract

A breach of contract occurs when a party to a contract fails to perform their obligations under the contract in substantially in accordance with the contract.

A typical example would be the non-payment for goods and/or services.

We act for both the breaching party and the non-breaching party to a contract.

We also offer advice and assistance with advice prior to termination of a contract.  Some breaches of contract allow for the non-breaching party to terminate, but some do not.

Construction Disputes

Construction disputes arise when a party breaches a construction contract or is in breach of various pieces of construction legislation.

Typical examples include non-payment of payment claims, defective works, and/or unlicensed builders.

We give advice and assistance to builders, contractors, subcontractors, homeowners, and anyone involved in a construction dispute.

We can assist with BIFA payment claims and BIFA subcontractor’s charges.

Debtor/Creditor Disputes

Debt disputes are an area of commercial disputes that we focus on.

We act for creditor plaintiffs seeking to recover a debt, and we act for debtor defendants seeking to dispute an alleged debt owed by them.

We provide commercially sensible debt dispute resolution services, including some fixed fee services.  Negotiation, mediation, deeds of settlement with repayment plans, security agreements (charging clauses, PPSA clauses), and if the debtor is stubborn then going to Court and then enforcing the judgment against the debtor.

Misleading & Deceptive Conduct

Probably the most used provision of the Australian Consumer Law, section 18 misleading and deceptive conduct says that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or likely to mislead or deceive.

A typical example of this would be the vendor of a business misrepresenting the accounts of the business to make the business look more profitable than it actually is.

Although the section is very broad and can provide remedy for any conduct “in trade or commerce” that is “misleading or deceptive” or “likely to mislead or deceive”.

The Courts have said that “a person engages in misleading conduct if they engage in conduct that might lead a reasonable person in the position of the recipient of the information to be led into error”.

Australian Consumer Law Disputes

Although misleading and deceptive conduct is the most used, there are a number of other statutory provisions in the Australian Consumer Law (“ACL”) which can provide remedy in commercial disputes.

The ACL provides a number of consumers rights and guarantees, including consumer guarantees, the right to repair or replace or refund, the ability to cancel services, compensation for damages & losses, and provides for express warranties.

We act for both consumers and businesses in all Australian Consumer Law disputes.

Intellectual Property Disputes

Intellectual property (IP) is one of the most valuable assets to any business.

People using your intellectual work is a breach of a number of different pieces of IP legislation including copyright and trademarks.

If someone is infringing on your copyright or trademark, then this could have a serious impact on your business.

We act for both rights holders and alleged infringers in copyright and trademark disputes.

Partnership Disputes

Unfortunately, partners in partnerships will fall out.  In those instances, it is important to resolve the dispute so that the assets are protected, and the business can continue to trade.

There are a number of reasons why partnerships start to break apart – partners have conflicting interests, the partners have personality conflicts, a breach of the partnership agreement, or the under performance of one of the partners.

We can assist with a number of alternative dispute resolution methods to sever the partnership on commercial terms that all parties are happy with, including negotiation and mediation.

Shareholder Disputes

When two or more people go into business, it may seem like a good idea at the time, however there could be any number of reasons why the relationship may turn sour.

It could be that the original common interests start to diverge.  It could be that the goals change (maybe one wants a lifestyle business, and the other wants to be a billionaire).  It might be that the hours spent working in the business start to become imbalanced.

We can offer advice and assistance with the buyback of shares or we can negotiate a share sale.

We can also help resolve shareholder disputes by negotiation or mediation.

If the parties cannot resolve matters with the alternative dispute resolution methods above, then we can assist with resolving shareholder disputes in court.

DEDICATED FOCUS – COMMERCIALLY MINDED – PROVEN RESULTS

GET A FREE FEE ESTIMATE NOW

Or call to discuss your commercial disputes 1300 545 133

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Disclaimer: The content on this website is intended only to provide a general summary of information of interest. It is not intended to be comprehensive nor does it constitute legal advice. We attempt to ensure that the content is current but we do not guarantee its accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this website. Your use of this website or the receipt of any information on this website is not intended to create nor does it create a solicitor-client relationship.

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Cassie Ireland
Cassie Ireland
22:57 04 Nov 19
Wayne assisted us to enforce a QCAT decision. His knowledge base and level of professionalism were outstanding. We... were dealing with a very aggressive defendant however Wayne was able to achieve a successful outcome by way of negotiation without the need to undergo expensive long and drawn out Court proceedings. Thank you again Wayne!read more
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Julie Spice
07:40 30 Jul 19
Thanks to Wayne and the team for helping me collect my outstanding debts. You were easy to understand, easy to deal... with and you really know your stuff. Thanks again.read more
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Sarah Beardmore
07:11 25 May 19
Thanks Wayne Davis and team for all your amazing help and support. These guys work hard to ensure they can get you the... best results possible!read more
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Recent Posts

  • Unpaid Wages and the Fair Entitlements Guarantee
  • How to Draft an Adjudication Response in Queensland
  • Wage Theft – Underpayment of Wages
  • Legal Proceedings for Debt Recovery
  • Can you Serve a Bankruptcy Notice by Email?
  • How to Make an Adjudication Application in Queensland

Our Services

Commercial Litigation
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10/28 Eenie Creek Road
Noosaville, Qld 4566

Call - 1300 545 133

Local - 07 5430 6640

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