Business & Contractual Disputes

Commercial disputes can disrupt operations, strain business relationships and expose companies, directors and owners to financial risk. HOCW’s commercial litigation lawyers in Melbourne, led by Matthew Hicks, advise businesses on contractual disputes, debt recovery, shareholder and director conflicts, insolvency-related claims and other complex commercial disagreements.

We help clients resolve disputes through early strategic advice, negotiation and mediation where appropriate, and provide robust representation in Victorian and Federal courts when litigation is necessary. Our focus is on managing risk, protecting your legal position and pursuing a commercially sound outcome.

• 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 related disputes – We assist businesses with letters of demand, recovery proceedings, creditors’ statutory demands and disputes arising in an insolvency context. Where payment is disputed, we advise on practical recovery options and the risks of escalation.

• Employment & workplace disputes – Handling sensitive conflicts, including breaches of employment agreements and 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

How we approach commercial disputes

Every commercial dispute requires a strategy that reflects the legal issues, available evidence, urgency and commercial objectives. Depending on the circumstances, we can assist with:

• Reviewing contracts, correspondence and key evidence

• Advising on rights, obligations, prospects and commercial risk

• Preparing letters of demand, responses and without-prejudice settlement communications

• Negotiation, mediation, arbitration and other dispute-resolution processes

• Urgent applications, including injunctions where appropriate

• Commencing, defending or managing court proceedings

• Briefing counsel where specialist advice or advocacy is required

Resolving disputes before court proceedings

Court proceedings are not always the first or best step. In many business disputes, early advice, clear correspondence, negotiation or mediation can help clarify the issues and create an opportunity for resolution. Where a negotiated outcome is not possible or does not adequately protect your position, we can advise on the appropriate court or tribunal process and represent you through litigation.

When to seek legal advice

It is sensible to obtain advice promptly if you have:

• Received a letter of demand, statutory demand, court complaint or subpoena

• Been accused of breaching a contract or refusing to perform an agreement

• Experienced non-payment by a customer, supplier or business partner

• Entered a shareholder, partnership or director dispute

• Been threatened with urgent court action or an injunction

• Identified a dispute that may affect your business operations, reputation or cash flow