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Business & Contractual Disputes
Commercial disputes can seriously disrupt business operations, damage professional relationships, and expose directors to significant financial risk. Our commercial litigation lawyers provide strategic advice to Melbourne and Mount Waverley businesses, resolving contractual disagreements efficiently through negotiation, mediation, or robust advocacy in Victorian and Federal courts. We focus on mitigating risk and protecting your commercial bottom line.
Contractual Disputes – Resolving breaches of contract, including disagreements over terms, performance, and termination. We act to enforce your rights or defend against liabilities to prevent long-term business loss.
Debt Recovery & Insolvency – Recovering outstanding commercial debts through letters of demand, Statutory Demands, and court proceedings. We help businesses maintain cash flow by resolving payment disputes swiftly.
Employment & Workplace Disputes – Handling sensitive conflicts, including unfair dismissal claims, general protections, and breaches of employment agreements or post-employment restraints.
Shareholder & Director Disputes – Resolving internal conflicts between business owners, including issues of corporate governance, control, profit distribution, and oppression claims.
Intellectual Property (IP) Disputes – Protecting your brand and innovation by addressing unauthorised use or infringement of trademarks, copyright, and confidential information.
Insurance & Indemnity Disputes – Assisting with denied insurance claims, policy interpretation disputes, and coverage issues to ensure your business is protected when it matters most.
Trust & Unitholder Disputes – Navigating complex disagreements over trust administration, trustee obligations, and the rights of beneficiaries or investors in unit trusts.
Franchise & Licensing Disputes – Representing parties in disputes arising from franchise agreements, focusing on compliance with the Franchising Code of Conduct
FAQs: Common questions about contract breaches, debt recovery, and commercial disagreements are answered below.
Frequently Asked Questions About Business and Contractual Disputes
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.
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. The information disclosed must be primarily for obtaining or giving legal advice, or in anticipation of legal proceedings.
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 for your specific situation.
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.
Can you tell me whether I will be successful if I litigate?
While we cannot guarantee 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 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.
What’s the difference between a solicitor and a barrister?
Solicitors are generally your first point of contact and the day-to-day managers of your file. They give advice, handle paperwork, and guide you through the process. A barrister is an expert advocate who specialises in courtroom advocacy and complex advice. If your matter is complicated, we may advise that you retain a barrister to work alongside your solicitor.