Commercial Litigation and Dispute Resolution

The word litigation comes from the Latin term meaning ‘dispute.’ Litigation is the process of taking legal action against another party. Commercial litigation touches upon various areas of law and arises when parties fail to act according to binding legal contracts or Australian law. 

Contract law 

Contracts govern the commercial world and all the businesses that make up its architecture. If a business fails to comply with the terms of the contract they are bound to or disagree as to the interpretation of a clause, the other party may seek to terminate the contract or commence proceedings to claim damages for losses arising out of a breach.

Property Disputes

Litigation in the context of the property will arise in respect of a business’s intercept in land or property. Matters arising from the sale or purchase of land, disputes between landlords and tenants, disputes over interests and ownership may give rise to litigation. Other issues arising from the Personal Property Securities Act also regularly give rise to litigation.

Competition & Consumer Law

Competition and consumer law are governed by the Australian Consumer Law, which aims to promote fairness and competition in business transactions and to protect consumers. The Australian Consumer Law includes actions for misleading or deceptive conduct, unconscionable conduct, unfair contract terms and breach of consumer warranties.

Debt Recovery/Insolvency

Recovering outstanding debt may require bringing a claim against a debtor. Recourse may also need to be had to insolvency proceedings such as bankruptcy proceedings to secure the assets of a creditor.

Intellectual Property Disputes

Intellectual property is often thought of as a company’s most valuable asset. Intellectual property is a broad term, encompassing assets such as trademarks, copyright, patents, and designs. Using the intellectual property of another party without their permission may give rise to the need to commence proceedings.

Corporation Disputes

Corporate law is the area of law dealing with the structure, governance and management of companies internally and externally.

In the context of commercial relationships, disputes may arise between its shareholders (for instance, in relation to the direction of the company’s business or distribution of profits) which may thus require resolution by the court system. 

Potential claims may also arise regarding the conduct of a company’s directors, the take-over or merger of a company or the winding up of a company.