Commercial litigation denotes a legal procedure which involves making a court mediated commercial claim. The process has multiple business people or companies in dispute who cannot find a resolution for their dispute. One of the involved parties usually issues legal process to enable dispute resolution via a judge.
Some common commercial litigation areas found in a business field include:
- Employment disputes
- Contract disputes
- Disagreements in relation to tenancy and landlord
- Debt recovery
- Mergers and acquisitions
- Corporate governance
Execute resolution of disputes by using any of the following three ways:
Informal discussion or negotiation is a simple and easiest way to resolve a dispute. The parties involved in the dispute negotiate to find a satisfactory resolution that avoids formal or court mediation. However, if such a negotiation occurs, we recommend establishing a written agreement.
Arbitration or Mediation:
In case of failure in informal negotiation, consider mediation for resolving of a dispute. This is a quicker and cheaper way when compared to court resolution. Arbitration process can be initiated voluntarily by the parties involved in the dispute.
The ACDC (Australian Commercial Dispute Centre) is involved in arbitration. It requires the disputing parties to submit the matter of dispute. An arbitrator will provide a ruling that is legally binding.
They possess plenty of leeway in dealing with disputes including:
- Active participation in proceedings
- Deciding suitable remedies after questioning witnesses
- Accepting evidence
This is the final resort and used when the above two approaches fail. The court’s jurisdiction to hear a commercial dispute depends on the monetary value of the claim.
Some common dispute situations and our advice:
Non-paying tenant: If talks with tenant have failed, produce Notice of Breach detailing the fault of the tenant. You can give a 14 day notice to the tenant for paying rent. If the tenant still does not pay, terminate the lease. Lease termination does not affect your rights to sue your tenant.
Landlord not fixing a repair: If your landlord does not fix an urgent repair, under the Retail Leases Act 2003, you can complete the urgent repairs with the cost being payable by the landlord. You can issue a notice detailing the repairs and cost within 14 days of doing the repairs.
There are several other such situation involving suppliers, customers, contractors, business partners, dispute in a business sale, rent review and similar others that need to be handled with care.
In such situations being assisted by a professional and experienced team of lawyers like Melbourne Commercial Lawyers will help you resolve the commercial dispute in the best manner and with minimum time, effort and money.
How we can help with your commercial dispute?
It is common for businesses to face commercial disputes. Our Melbourne Commercial Lawyer team has the experience and expertise in dealing with all types of commercial litigation and dispute resolution. We offer appropriate legal advice and take necessary steps on behalf of the client and provide an effective and speedy resolution.Our exceptionally skilled lawyers provide all-out benefits in cases related to expensive and complex litigation.
- We listen to client issues, answer their questions related to the dispute and provide advice.
- In case of litigation we possess the expertise and are equipped to provide client advice and proceed to hearing the case at court if needed.
- In case of a court hearing, our professional lawyers gather necessary evidence, interview witnesses and other qualified experts.
- We give you option related to resolution and the approximate costs. When possible we give you alternative resolution choices like mediation.
Get in touch with Melbourne Commercial Lawyers to learn how we resolve your commercial dispute in the quickest and most economical way.
Contact us now!