Litigation refers to the process of dispute resolution through the court system.
Commercial litigation is a complex area of the law and is a process that is often necessary when business disputes cannot be settled through negotiations alone. So, what kind of disputes can a commercial litigator resolve?
What disputes can be resolved?
A commercial litigation team can provide a range of services when it comes to business-related disputes. These include negotiations and mediations, as well as adjudications, arbitrations and litigation proceedings. Business disputes related to commercial contracts, trade practices, and insurance claims can all be resolved through commercial litigation. Other disputes that can be addressed by a commercial litigator include trade practices; insolvency and debt recovery; construction projects; property and lease agreements; employment contracts; business partnerships; taxation issues; and investigations by regulatory authorities.
What are the areas of commercial litigation law?
Commercial litigation is an umbrella term that covers various areas of the law, including contract disputes; property disputes; consumer law; debt recovery; intellectual property disputes and corporate disputes.
Contract disputes can occur when a business does not fulfil its contractual obligations or when there is a disagreement about how a contract should be interpreted. Property disputes, on the other hand, refer to disputes that relate to the sale or purchase of property; disagreements between landlords and tenants; and business ownership.
When it comes to competition and consumer law, a number of matters are covered under the Australian Consumer Law. Disputes in this area of law relating to misleading conduct, unfair contract terms, and breach of consumer warranties.
Intellectual property disputes relate to patents, copyright, designs, and trademarks of a business; while corporate law deals with the management of companies and any disputes that concern the shareholders or distribution of profits, for example.
What does a commercial litigator do?
A commercial litigator is qualified to assist in any dispute that occurs in a business context. As part of this service, they will assess a dispute and scale a defence or prosecution that best suits the business needs of the client.
The process generally begins with other forms of dispute resolution, but if these prove unsuccessful, it may be necessary to involve the court system. Your lawyer will provide you with all the information you need about your court litigation matter and guide you through the entire process.
Fortunately, most of Australia’s superior courts have streamlined their processes, so many cases can be resolved quickly and efficiently. Seeking the help of an experienced commercial litigation lawyer ensures that the process runs smoothly and that all areas of your case are properly dealt with.
As part of their services, your commercial litigation lawyer will provide you with expert advice, which will ensure that mistakes are not made throughout the process; protect your interests and the interests of your business by making informed decisions; provide you with a range of options relevant to your dispute so that you understand the possibilities that are available to you; and determine if litigation is, in fact, the best choice for you.
How can we help?
At TY Lawyers, our team is available to represent your interests and protect your rights during commercial and civil matters. We can assist throughout the litigation process, from the pre-trial stage to the settlement or appeals.
We also assist with will disputes; debt recovery; building and property disputes; intellectual property disputes; dividing fence disputes; breach of contract and breach of contract.