Disputes & Litigation

Always in your corner

Disputes & Litigation

A commercial dispute occurs when two parties are unable to agree on the resolution of a contentious business issue. Litigation is the process of resolving a dispute through the court system.

Aditum Lawyers has extensive experience across all areas of commercial law and are well placed to assist you in the resolution of commercial disputes. We can assist with formulating your arguments, negotiating a settlement, initiating court proceedings and representing your interests at court. 

Some examples of common business disputes you may encounter include:

Breaches of Contract

Shareholder & Partnership Disputes 

Property & Building Disputes

Debt Recovery

Insolvency

False or Misleading Representations

 

How can Aditum Lawyers help you?

Our highly experienced Sydney business lawyers can assist you with negotiating a settlement of your commercial dispute or where a settlement cannot be reached, litigating the matter through the appropriate court or regulatory authority. 

We will take the time to understand your matter and work with you to achieve a strategic outcome.

Contact us today for a confidential, obligation-free discussion about your legal needs.

Call 02 8593 8326 or submit an online enquiry here.

Disputes & Litigation FAQs

Resolving a business dispute can range widely in complexity. Some issues can be resolved with basic communication, while others require complex legal arguments and litigation. The risk, cost and energy spent on litigation should always be a factor of consideration when attempting to resolve a dispute. It is in both parties’ interest to resolve disputes together. Involving a commercial lawyer in your negotiations can assist in formulating your argument and will often lead to a settlement of the matter without the need for a lengthy court battle. 

If negotiations break down and you are unable to reach a resolution, you may want to consider proceeding to litigation. You should obtain legal advice from a commercial lawyer before proceeding as you risk incurring legal costs if you have not followed the correct procedure or formulated your arguments carefully.

In situations where you are unable to negotiate a settlement or resolve your commercial dispute, you may want to consider alternatives to litigation as this can be an expensive, lengthy and stressful process.

Alternative Dispute Resolution (ADR) options include mediation, where an impartial third party guides the parties through further negotiations in an attempt to reach a mutually acceptable resolution, or arbitration, where both parties agree to be bound by the decision of an arbitrator.

While you are entitled to represent yourself and your business in court, commercial litigation is a highly technical and specialised area of law and you should always seek legal advice from an experienced, specialised legal practitioner. 

Commercial lawyers are specialists in the areas of law that pertain to business and are better able to navigate the complexities of your dispute.

Generally, you will have 28 days to file a defence from the date you are served with notice. Seeking legal advice immediately will allow for enough time to prepare your response and file a defence in time. 

If you fail to respond to the notice then you may have a default judgement entered against you, which can be very difficult to get reversed.

If you disagree with the judgement of the court you may be able to appeal the decision to a higher court. Appealing a decision can be costly and you must consider the risk that the higher court will dismiss your application or even impose a harsher decision.

You should seek legal advice before deciding to appeal a court decision as the issues can be complex and require detailed consideration.