We represent clients in a wide range of commercial litigation matters, from contract disputes to complex multi-party conflicts. Our goal is to achieve favourable outcomes for our clients through strategic planning, thorough preparation, and skilled advocacy.
Overview
Commercial litigation in Australia encompasses a broad spectrum of business-related disputes resolved through the court system. These matters are primarily governed by common law principles and various state and federal legislation, including the Australian Consumer Law and the Corporations Act 2001. The landscape of commercial litigation has evolved in recent years, with increased emphasis on case management by courts, growing use of alternative dispute resolution methods, and the rise of class actions in certain areas.
The complexity of modern business relationships often leads to intricate legal disputes involving multiple parties, jurisdictions, and areas of law. Recent trends in commercial litigation include an increase in regulatory enforcement actions, growing focus on directors’ duties and corporate governance issues, and the impact of technology on both the substance of disputes and litigation processes.
Our approach
We adopt a strategic and client-focused approach to commercial litigation. Our process begins with a thorough assessment of the dispute, including legal merits, commercial implications, and potential outcomes. Based on this analysis, we develop a tailored litigation strategy that aligns with our client’s business objectives and risk tolerance.
Our preparation is meticulous and comprehensive. We leverage technology for efficient document management and analysis, particularly in cases involving large volumes of evidence. We are adept at managing expert evidence, often crucial in complex commercial disputes.
While we are always prepared to pursue matters to trial, we also recognise the value of alternative dispute resolution. We are skilled in various forms of ADR, including mediation and arbitration, and often use these methods to achieve favourable outcomes without the need for protracted court proceedings.
Throughout the litigation process, we maintain clear and regular communication with our clients, ensuring they are fully informed and involved in key decisions. We provide pragmatic advice on litigation risks and opportunities, enabling our clients to make informed choices about their case strategy.
Representative experience
- Successfully defended a manufacturing company against breach of contract claims, securing a dismissal of all claims and a costs order in our client’s favour after a two-week trial in the Supreme Court.
- Represented a minority shareholder in oppression proceedings against a family-owned business, negotiating a favourable settlement that included a buy-out at a premium to market value.
- Acted for a technology company in intellectual property litigation, obtaining interlocutory injunctions to prevent the use of confidential information and ultimately securing a substantial damages award.
- Successfully pursued a complex misleading and deceptive conduct claim on behalf of a group of investors, resulting in a multi-million dollar judgment and setting a precedent in the interpretation of financial product disclosure requirements.
- Defended a director against allegations of breach of duties in Federal Court proceedings, successfully arguing for the application of the business judgment rule and achieving a complete vindication of our client.
- Represented a construction company in multi-party litigation regarding defective building works, effectively managing cross-claims and expert evidence to reach a favourable settlement for our client.