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Commercial Litigation and Insolvency
Commercial disputes and insolvency issues can place significant pressure on businesses, company directors and business owners in Melbourne and across Victoria.
Our Commercial Litigation & Insolvency team advises clients on resolving disputes, managing financial distress and protecting their commercial interests through clear, strategic legal advice.
We provide early, outcome‑focused advice to help manage risk and resolve disputes before they escalate into formal court proceedings. This includes assessing the strengths and weaknesses of a claim, exploring commercial settlement options and using negotiation, mediation and other forms of alternative dispute resolution where appropriate.
Our lawyers act across a broad range of commercial litigation matters, including business and contractual disputes, breach of contract claims, shareholder and partnership disputes, debt recovery and complex corporate disputes. We also assist with property and leasing disputes, domestic building disputes and franchise disagreements, working to achieve practical solutions that minimise disruption to your business.
We have significant experience in insolvency and bankruptcy matters, advising company directors, creditors and insolvency practitioners where a company is unable to pay its debts, is facing a statutory demand or is considering restructuring, voluntary administration or liquidation. Our team can help you understand your duties, manage personal exposure and navigate the insolvency process with clarity and confidence.
Early advice can significantly improve your commercial position. We regularly work alongside accountants, insolvency practitioners and other professional advisers to support business clients through complex disputes and insolvency matters, ensuring your legal strategy aligns with your broader financial and operational goals.
FAQs: Common questions about commercial disputes, court proceedings and insolvency matters are answered below.
Frequently Asked Questions About Commercial Litigation and Business Disputes
Is my conversation with you confidential?
Yes, information that you disclose for the purposes of seeking legal advice is generally covered by legal professional privilege, even if you do not retain our firm to act for you. This applies to new enquiries, including initial consultations, emails and phone calls with a lawyer from our firm. The information disclosed must be primarily for obtaining or giving legal advice, or in anticipation of legal proceedings.
Is mediation a good idea? How does mediation work?
Many business disputes can be resolved through mediation without going to court. Mediation helps both parties discuss the issues with the assistance of an independent mediator and work toward an agreement. Courts often require mediation before a matter goes to a final hearing because it can reduce cost, time and disruption.
Should I try to resolve the dispute myself first?
While informal discussions sometimes work, having legal representation early often leads to faster, better outcomes. There is a risk you may unknowingly compromise your claim during a negotiation. We can handle initial negotiations on your behalf, often resolving disputes before they escalate to expensive court proceedings. Early legal advice can also prevent you from inadvertently damaging your legal position.
How do I recover a debt?
The first step is usually sending a letter of demand. If payment is still not made, you may need to start court proceedings or, in some cases, issue a Creditor’s Statutory Demand to a company that owes you money. Early legal advice can help you choose the most effective approach.
How expensive is it to go to Court?
The cost of court proceedings depends on the court involved, the complexity of the dispute and whether the matter settles before a final hearing. Many disputes resolve before trial. Your lawyer can provide an estimate of likely costs and explain options to resolve the matter efficiently.
Can you tell me whether I will be successful if I litigate?
While we cannot guarantee you an outcome, we can advise you on the prospects of success and outline any significant risks you should consider before you commence proceedings. If your matter is complex, we may recommend engaging a barrister who specialises in that particular area of law to provide additional advice on prospects.
How do I start court proceedings for a business dispute?
Many disputes can be resolved before court action is needed. If court proceedings become necessary, a commercial litigation lawyer can guide you through the process, explain your options and help you protect your commercial interests.
What’s the difference between a solicitor and a barrister?
Solicitors are generally the first point of contact when you are facing a legal matter and are usually the day-to-day manager of your file. They can give you advice, take care of your legal paperwork, help you explore your options and guide you through the process. A solicitor can also appear in court; however, if your matter is complicated, we may advise that you retain a barrister.
A barrister is essentially an expert advocate who specialises in courtroom advocacy and complex advice in a particular area of law.
I have received a Magistrates’ Court complaint. What do I do now?
You may need to file a Notice of Defence or take steps to negotiate the claim. Strict time limits apply, so it is important to act quickly. Getting legal advice early can help you understand your options and avoid unnecessary risk.
My company has received a Creditor’s Statutory Demand. What do I do?
A statutory demand has strict deadlines, so you should seek advice immediately. If you dispute the debt, you may be able to apply to the court to set the demand aside. If the company cannot pay the debt, early insolvency advice can help you understand your options and protect directors from personal risk.
I have received a bankruptcy notice. What do I do?
Act quickly because a bankruptcy notice has strict deadlines. In most cases, you have 21 days from the date you were served to either pay the debt, enter into a suitable payment arrangement with your creditor, or apply to the court to set the bankruptcy notice aside if you dispute the amount claimed. If you do nothing within this timeframe, you may be taken to have committed an “act of bankruptcy”, and your creditor may ask the court to make you bankrupt. Bankruptcy has serious consequences, so you should contact our firm immediately for advice.