Commercial Litigation and Dispute Resolution

As highly experienced litigation lawyers, we commence or defend court proceedings before:

• The Magistrates Court of Queensland
• The District Court of Queensland
• The Supreme Court of Queensland
• The Federal Court or Federal Circuit Court

In addition, we assist clients before the Queensland Civil and Administrative Tribunal.

Commercial Litigation

Commercial litigation is a process where two or more companies have a dispute and cannot negotiate an agreement. The person who wants the dispute resolved will issue a legal process so that it can go through the Court, which shall be the one to determine the proper course of action.

As commercial law specialists, we can help you commence or defend any commercial disputes that you might be dealing with, such as:

1. Real estate disputes
   We can help you fight any disagreements you encounter in your commercial properties. We assist clients with contract breaches, lease terminations, property law disputes, domestic building contracts, settlements and landlord-tenant disputes.
2. Business contracts
   We can thoroughly review your contracts, ensuring their fairness and integrity. You can also count on us to handle contract disputes like non-fulfilment of duty, non-payment of services rendered, or any other way parties involved have not fulfilled their obligations.
3. Lease agreements
   Lease disputes can be a very complicated and laborious process. They typically involve the landlord and tenant, who have different interpretations of what should happen after an issue arises within their contract or termination by either party.
4. Supply chain management issues
   Problems in the supply chain affect various industries and businesses in Australia and the world. In case of a breakdown in services rendered, you might have the right to terminate the contract. Our lawyers can help you determine the best course of legal action.
5. Mergers and acquisitions dispute
   The sale of a business can be extremely complex with unforeseen complications. Regardless of the type of dispute you’re facing, our commercial litigation team is committed to delivering the best possible outcome.

6. Intellectual property disputes
   Your right to profit from your own copyright or trademark is protected by the law. Yet prosecuting or defending potential IP violations can be tricky, with different details and nuances that need to be considered. Our commercial lawyers at ADVIILAW can help you with IP disputes you might have.
7. Shareholder disputes
   Shareholder disputes are a common occurrence in the world of business and can happen for many different reasons. While most internal disputes can be resolved through arbitration or mediation, some cases require court litigation to be resolved. At ADVIILAW, we have the experience and expertise to handle all manners of shareholder or director disputes. 

If you find yourself involved in a business dispute, the commercial and court litigation team at ADVIILAW is prepared to take on your case. We can help whether you need to commence or defend court proceedings. 

Should you require legal advice, assistance or representation in the areas of dispute resolution, settlement negotiation or court litigation, or if you would like to arrange a consultation with an experienced litigation lawyer or disputes lawyer, contact us online. Alternatively, call us on 07 3088 7937 or email us at [email protected] today.

Is litigation the same as a lawsuit?

Litigation is not the same as a lawsuit — litigation is a legal proceeding that follows the filing of a lawsuit. Whilst the two terms are sometimes used interchangeably, a lawsuit generally forms only one part of a litigation matter, as there are many steps in the litigation process until a Judge makes a final decision.

What is the difference between civil and commercial litigation?

These terms are often used interchangeably.

They basically refer to a dispute between parties that falls to be determined within the civil jurisdiction of the Courts, as governed by civil procedure rules (and not procedural rules governing the criminal or family law jurisdictions, for example).

An individual’s rights, as a landowner, may be unlawfully impacted by the neighbour, in which case that individual may need to see a civil litigation lawyer.

On the other hand, a sole trader, shareholder, company, beneficiary or trust (to name just a few examples), may be having their contractual rights, or rights under the general law or legislation passed by parliament, being breached by another party, in which case they may need to see a civil/commercial litigation lawyer.

Civil disputes, whether personal or commercial in nature, vary in complexity (and can be very complex).

Litigation lawyers are qualified, and trained, to handle such disputes (including, in most cases, matters that end up before the Court).

In Queensland, civil disputes, by way of example, may end up before the Queensland Civil and Administrative Tribunal, the Magistrates Court, the District Court, the Supreme Court, or the Federal Courts of Australia.

What makes a good commercial litigation lawyer?

The commercial litigation lawyer is the person who helps you resolve disputes and deal with any legal issues. They’re an expert in applying the law to facts, evaluating claims for their merit or lack thereof based on applicable precedents or case laws, and giving advice about how best to handle your case.

Seek a commercial lawyer with the following qualities:

• Ability to quickly assess and assimilate information

A commercial litigator needs to be able to summarise the facts of their case quickly and accurately, often considering large numbers of documents in just minutes.

• Knowledge and experience in the industry

Court litigation is often a process of understanding the motives and dynamics in play for both parties. Thus, it’s essential that your commercial lawyer has deep insights and keeps up to date on the happenings in your particular industry.

• Tactical thinking and the ability to see the bigger picture

Strategic thinking is essential to a successful litigator. This means having the skills (and patience) needed for dealing with complicated cases while also being able to take an overview of your client’s objectives as a whole.

At ADVIILAW, we have the technical expertise to take on a commercial litigation case and the compassion to ensure that you feel supported throughout the proceedings.