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Commercial Litigation & Dispute Resolution
Effective legal advice is a crucial first step in resolving commercial disputes. Our lawyers provide no-nonsense impartial opinion and counsel to clarify your legal standing and guide you through the challenges you face. Get the frank advice you need from our experienced commercial solicitors across NSW with offices in Newcastle, Maitland, Central Coast, Edgeworth, and Port Macquarie.
Commercial Litigation Lawyers NSW
Commercial litigation should be a last resort option for resolving disputes between two or more companies or business people. Wherever possible, we will look to leverage alternative dispute resolution to resolve commercial disputes and avoid costly litigation.
Where litigation cannot be avoided, our experienced commercial solicitors will provide legal counsel and represent you in Court to reach the best possible outcome for your situation.
Do I have a cause of action that the law will recognise?
We will identify your legal rights and advise you whether the law has a remedy. The appropriate remedy may be monetary compensation, an injunction, orders for specific performance, reinstatement etc.
Have I identified and located the correct defendant?
There is no value in suing the wrong party, a party you cannot locate or a party that is worthless. We can help you to identify all potential defendants, and whether there's more than one of them. We will help you analyse your costs and your benefits, before deciding whether the potential defendant is worth pursuing.
Do I have sufficient admissible evidence to make my case?
Our dispute resolution lawyers will help you uncover evidence to support your case and advise you frankly whether your evidence is sufficient to rely on in court. If necessary, we can recommend experts for essential reports or valuations and for explaining financial records.
How do I prepare my claim and file it with the correct court?
Your defendant may only take your claim seriously once you begin court action. Our lawyers have the expertise to commence your action by preparing a legal summons or statement that concisely states your case to the court. Often, defendants then take action which can lead to settlement before the hearing.
What do I need to invest and what happens if I lose?
If your dispute cannot be resolved by negotiation then we advise our clients to analyse expected costs against potential benefits, as well as risk analysis before making the decision to sue. If you sue and win, the defendant may have to pay part of your costs. If you sue and lose then you can expect to be ordered to pay the defendants costs as well as your own. Our Lawyers have the experience to estimate these amounts for your individual situation and support you through your decision process.
How do I serve court documents on the Defendant?
There are strict rules regarding service of court documents on parties. We will assist you through this process to ensure that your court papers are served properly, and your matter proceeds without unnecessary delay.
Is the defendant likely to defend the matter or cross claim against me?
There are two sides to every story. Accordingly, if you sue then prepare yourself to be read the defendant's version of events. Additionally, you may find that the defendant wishes to counter-sue you. Cross-claims are sometimes used by defendants as a form of shock tactics. We will provide unbiased advice on whether you should reconsider your claim in light of the defendant's version of events.
What do I do if the Defendant files a defence with the Court?
If the defendant wishes to dispute your claim, he must file a court document stating his case, called a defence. Our Lawyers will help you to evaluate the defence, and if appropriate, challenge its validity. If deemed invalid, the court may be prepared to strike out the defence.
What can I do if the Defendant does not file a defence?
If the defendant does not file a defence in time, then you may seek a default judgement without the need for a hearing. Judgement entitles you to proceed to collect the debt by: having the sheriff seize the defendant's property; by garnishee orders; by winding up in the case of a company; by bankruptcy or by instalment orders.
How can I improve the chances of settling before the hearing?
Court rules tend to reward parties that make a genuine effort to settle out of court. Our lawyers are skilled at finding opportunities for settlement, and every step of the way we will be looking for ways to settle, but only on reasonable terms to suit you.
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