Commercial litigation most commonly arises 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:
- Breach of contract
- Construction disputes
- Debtor/creditor disputes
- Misleading & deceptive conduct
- Australian consumer law disputes
- Intellectual property disputes
- Partnership disputes
- Shareholder disputes
DEDICATED FOCUS – COMMERCIALLY MINDED – PROVEN RESULTS
Or call to discuss your commercial litigation 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 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.
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 Litigation
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 Litigation
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.
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.
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.
Can we help you with your commercial dispute, or your commercial litigation matter? If you have a commercial dispute, or want to commence commercial litigation, then give us a call today.
DEDICATED FOCUS – COMMERCIALLY MINDED – PROVEN RESULTS