Commercial Litigation

Practice Profile

Resolution at the earliest possible time is a cornerstone of our litigation practice. We represent the diverse needs of our clients across all jurisdictions and in a range of specialized tribunals.

In all litigated matters our team provides a balanced forensic analysis of the merits of each case and a strong commitment to alternative dispute resolution in protecting the interests of our clients.

We always look to advance our clients’ interests in context with their broader commercial imperatives.

Practice Strengths

As a natural adjunct to our commercial law and commercial property sections, Bartier Perry’s commercial litigation lawyers act for our clients in all manner of real property and building and construction disputes. These range from the performance and termination of contracts for sale and purchase of land to establishing rights of access and other easements, removal of encroachments and avoidance and enforcement of mortgages and guarantees as well as strata titles issues. Conflicts which arise in the context of commercial and retail leases, and the maintenance and removal of caveats are within this area of expertise.

We also have extensive experience in building and construction litigation, acting for builders, proprietors and other associated professionals in both a commercial and residential context. Our lawyers regularly appear in the construction lists of both the District and Supreme Courts and specialist Tribunals such as the Consumer, Trader and Tenancy Tribunal.

Commercial and Corporate Disputes, IP and Trade Practices

The well drafted commercial contract may not always avoid disputes over performance or payment of damages. Often it will be necessary to take or defend proceedings to recover losses for a breach of contract. We regularly represent our clients in commercial contract disputes and have considerable experience in judging the most effective remedy. Our solicitors are adept in applying both common law and equitable principles as well as appropriate statutes.

We understand the need to act quickly and where necessary will move promptly to restrain adverse conduct, freeze assets or obtain security for our client’s costs.

As enterprises come to appreciate more and more the value of their intellectual property there is a greater preparedness to take steps to protect it from misappropriation. Our team assist clients with a range of services to assert and defend their intellectual property rights. We have successfully taken and defended proceedings against competitors and ex-employees on the grounds of infringement of trademarks, breach of copyright and confidentiality obligations as well as common law passing off and the Trade Practices Act.

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