Commercial Litigation and Dispute Resolution

When business disputes arise, you need quality legal advice and a dedicated experienced litigation lawyer to guide you through the process. ADVIILAW is a dynamic, boutique law firm specialising in commercial, property and dispute resolution law. With years of experience, we’re confident we can resolve your commercial dispute in a cost-effective and risk-conscious manner.

If you’re facing a commercial dispute, speak to a professional commercial litigation lawyer at ADVIILAW. Explore our dispute resolution process and get in touch with us today for a consultation.

Where we can represent you and your business 

At ADVIILAW, we understand how important it is to have an accomplished and highly skilled lawyer by your side during court proceedings. While we will attempt to resolve your matter through mediation or dispute resolution, rest assured that as highly experienced commercial 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 Court of Appeal 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, trusts, sole traders, organisations, associations or other entities, have a dispute and cannot negotiate an agreement to resolve the issue/s. The person who wants the dispute resolved may commence a legal process so that it can go through the Court, where a Judge will make a final determination in the matter.

There are a number of reasons why a commercial dispute can arise, from minor contract miscommunications or misinterpretations to major supply chain errors or performance issues. Rest assured, ADVIILAW can assist you with your matter.

As commercial law specialists, our commercial litigation lawyers 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 relation to your commercial properties. We assist clients with contract breaches, lease terminations, property law disputes, domestic or commercial building contracts, settlements and commercial landlord-tenant disputes. Our commercial litigation lawyers can also review your existing contracts and provide recommendations on how to strengthen your legal position and minimise future 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 obligations, non-payment of services rendered or goods delivered, or in relation to any other issues arising from, or relating to, the contract. Our commercial litigation lawyers are well-versed in the legal principles and regulations that shape commercial law and can provide insights into the latest movements within your industry.
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. We strive to ensure your matter remains out of Court and is resolved in a cost and risk-effective manner.
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 may have the right to terminate the contract, seek damages and other remedies. Our commercial litigation 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 litigation 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 some internal disputes may be resolved through mediation or other less formal dispute resolution processes, some cases require Court intervention in order 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).

Civil and commercial 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 litigation 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. Not everyone is an expert in legal terminology or the procedures of managing commercial disputes. Your commercial litigation lawyer should be able to simplify complex information to clients.

• 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 litigation 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, our commercial litigation lawyers have the technical expertise to take on a commercial litigation case and the compassion to ensure that you feel supported throughout the proceedings.

FAQs

What do commercial litigation lawyers do?

Commercial litigation lawyers represent businesses or individuals in legal disputes related to commercial matters, such as property leasing disputes, intellectual property disputes or debt recovery. They advise on legal rights and obligations, negotiate settlements, draft legal documents and, if necessary, represent clients in Court proceedings.

What are the different areas of commercial litigation?

Commercial litigation involves a wide range of legal areas, including contract disputes, shareholder or partner disputes, corporate law disputes, property and commercial leasing disputes, intellectual property disputes, competition and consumer law disputes and debt recovery. 

No matter your commercial litigation matter, our experienced commercial litigation lawyers thoroughly understand the challenges and complexities of commercial law and can provide clear, practical advice while ensuring you feel supported at every stage of your case.

What is the process of commercial dispute resolution?

While the process of commercial dispute resolution will depend on the nature of the dispute and its urgency, it typically follows a similar procedure:

• Pre-dispute planning — This may involve drafting clear contracts with dispute resolution clauses, such as mediation or arbitration.
• Negotiation — We facilitate direct communication between parties to reach a mutually agreeable solution.   
• Mediation — We facilitate the engagement of a neutral third-party mediator, to encourage communication and assist the parties to find common ground.   
• Arbitration — A neutral arbitrator hears both sides and makes a binding decision.   
• Litigation — If other methods fail or are not available, the dispute is resolved through Court proceedings where one of our commercial litigation lawyers presents your matter.