We handle a wide range of commercial disputes, providing strategic advice and representation to businesses across various sectors. We focus on achieving practical, cost-effective resolutions that align with our client’s commercial objectives and preserve business relationships where possible.

Overview

Commercial disputes are an inevitable aspect of business operations in Australia. These conflicts can arise from various sources, including contract breaches, partnership disagreements, intellectual property infringements, and trade practice issues. The resolution of these disputes requires a balanced approach that considers legal rights, commercial realities, and the potential impact on ongoing business operations.

In Australia, commercial disputes are subject to a complex legal framework, including contract law, corporations law, and consumer protection legislation. The choice of dispute resolution method can significantly affect the outcome, cost, and duration of the process. Options range from negotiation and mediation to litigation in state and federal courts.

Our approach

We take a strategic, client-focused approach to commercial dispute resolution. Our first step is always a thorough assessment of the dispute, including its legal merits, commercial context, and potential outcomes. Based on this analysis, we develop a tailored strategy that aligns with our client’s business objectives and risk tolerance.

We are adept at various dispute resolution methods and select the most appropriate approach for each case. Where possible, we prioritise negotiation and alternative dispute resolution methods to achieve efficient, cost-effective outcomes. When litigation is necessary, we provide robust representation, leveraging our deep understanding of commercial law and court procedures to present the strongest possible case for our clients.

Representative experience

• Successfully defended a technology company against claims of intellectual property infringement by a competitor. Our strategic approach to evidence gathering and legal argumentation resulted in the case being dismissed with costs awarded to our client.
• Represented a minority shareholder in a dispute over company management and dividend policy. Through mediation, we secured a favourable buy-out agreement, protecting our client’s financial interests and avoiding costly litigation.
• Advised a national retailer in resolving a complex supply chain dispute involving multiple international parties. Our negotiation strategy resulted in a restructured agreement that addressed performance issues and maintained essential business relationships.
• Successfully litigated a breach of contract claim for a manufacturing client, securing substantial damages and costs. Our thorough case preparation and effective cross-examination of expert witnesses were key to the favourable judgment.
• Assisted a professional services firm in resolving a partnership dispute through a combination of negotiation and expert determination. Our approach preserved the firm’s reputation and client base while achieving an equitable division of assets.
• Represented a software company in a dispute over a failed IT implementation project. Our strategic use of technical experts and forensic analysis of project documentation led to a negotiated settlement, avoiding protracted litigation.