Commercial Litigation
Litigation arises when one or both parties to a dispute feel incapable of resolving their differences without the assistance of an outside authority. When one party to the dispute is not genuinely facing the issues of seeking a solution, often threatening and bringing litigation is the only option to bring matters to a head.
Commercial litigation involves any potential or actual Court dispute involving a company. Examples include:
- Building Disputes
- Disputes over Commercial Contracts
- Trade Practices Claims
- Debt Recovery
- Bankruptcy and Insolvency
- Make-good and other Lease related disputes
- Directors disputes
- Breaches of Copyright and Trademark
Many companies rely upon our advice in dealing with commercial litigation matters. When taking instructions in any such matter, we consider the following issues:
- Is the dispute caused by one or other party misunderstanding their legal obligations and rights? If so, we attempt to educate the parties involved so that they can understand their respective positions and therefore have the best opportunity of resolving the conflict.
- What is in the best long term interests of our client? For example, should the dispute with the other party been seen in the context to a wider commercial relationship, which partially dictates how the dispute should be dealt with?
- What is the likely cost of litigation if pursued, and is pursuing the matter commercially viable in light of such potential costs?
- What evidence is available to support our client's position should the matter ultimately have to be determined by a Judge?
It is our experience that most commercial disputes are resolved without the Court hearing the matter and imposing a decision. This is for several reasons:
- By preparing a matter for hearing, the parties are forced to think deeply about the issues in dispute and assess objectively the strengths and weaknesses of their position. This encourages compromise.
- A known outcome, being a compromise between the respective parties original positions, is normally a preferred outcome to the uncertainty of a final decision by a Judge, which may be totally unfavourable.
- Often the sheer act of commencing proceedings against another party is sufficient to bring the other party to the negotiating table to resolve the dispute.
If you would like an objective assessment of a commecial dispute that you or your company is involved in, we would welcome your enquiry.
The following articles may by of interest:
Key contact
Rod Berry
rberry@atkinvin.com.au | 
