Commercial disputes

In business, commercial and contractual disputes are inevitable. But we don’t believe that the best dispute resolution technique is always to rush to court. 

After all, commercial disputes are often complex and litigation can sometimes be time consuming, costly and, ultimately, counter-productive to existing relationships. Very often you’ll get a better outcome through less formal and less confrontational means.

That’s why our approach to dispute resolution is to first try to negotiate a working solution that minimises disruption, maintains relationships and lets you get on with business.

We can do this because we understand the pieces that make up complex commercial disputes, and can devise a strategy that cuts through to the real issues. But negotiation also requires the other party to be reasonable too. So we back up our efforts to engage early with them with a willingness to take your claim to a court or tribunal when it’s in your interests to do so.

It’s by taking this approach that our commercial disputes team doesn’t simply help you reach an outcome that makes legal sense. We help you reach an outcome that makes commercial sense too.

 

We can help you:

  • See a clear path through complex commercial disputes.

  • Apply alternative dispute resolution techniques that give you the best chance to settle a claim quickly and informally, and give you the best commercial outcome.

  • Manage the way contracts are performed so that another business, person or government department keeps their end of the bargain.

  • Terminate contracts when you need to or enforce a breach of contract where it‘s in your commercial interests to do so.

  • Defend a claim that you’re breaching a contract and help you avoid unfair or unreasonable terms of contracts.

  • Bring a claim based on false, misleading or deceptive conduct and misrepresentation, both alone and in conjunction with a contract claim.

  • Bring a claim that a person or business has accessorial liability for someone else’s wrongful conduct, especially where there’s been a breach of directors’ duties.

  • Enforce your property rights, such as establishing rights of access and easements, avoiding or enforcing mortgages or guarantees, maintaining or removing caveats and managing conflicts in commercial and retail leases.

  • Enforce intellectual property (IP) rights such as copyright, trademarks, designs and patents or defend a claim that you’re misusing someone else’s IP rights.

  • Protect your confidential information, including client lists, company or trade secrets and enforce restraints and non-competition clauses.

  • By representing you in the Supreme Court, Federal Court, District Court, NSW Civil and Administrative Tribunal (NCAT), Land and Environment Court and other courts and tribunals.

Our team