Commercial Litigation

Business disputes can arise even when parties act in good faith. Contract breaches, unpaid debts, shareholder disagreements and property disputes can quickly impact your operations. Navigating the legal system without guidance is stressful and costly.

Revolance Legal is your strategic partner in resolving commercial disputes. We explain your options, attempt negotiation first and, if needed, represent you in court with efficiency and professionalism.

What is Commercial Litigation?

Commercial litigation involves resolving business‑related disputes through the court system. It is a subset of civil litigation where at least one party is a business entity. Common disputes include:

• Breach of contract.
• Property and leasing disputes.
• Debt recovery and unpaid invoices.
• Competition and consumer law issues.
• Intellectual property infringement.
• Partnership and shareholder disputes.

Litigation is usually a last resort. Courts expect parties to attempt alternative dispute resolution (ADR) first. ADR methods include negotiation, mediation, conciliation and expert determination. These processes are quicker and less costly than court proceedings.

Steps in Commercial Litigation

1. Pre‑action negotiations: The parties exchange correspondence and try to resolve the dispute. A letter of demand may be sent outlining the claim.
2. Alternative dispute resolution: Mediation or conciliation sessions are held with an impartial third party to reach agreement.
3. Commencing proceedings: If ADR fails, the claimant files a statement of claim in the appropriate court. The other party files a defence.
4. Discovery and evidence: Parties exchange relevant documents and prepare witness statements.
5. Trial: The court hears evidence and arguments. A judge then makes a binding decision.
6. Appeal: In some cases, parties may appeal the decision to a higher court.

Advantages and Disadvantages

Advantages of litigation:

• Provides a final, binding decision.
• Can enforce rights where negotiation fails.

Allows access to court remedies such as damages or injunctions.

Disadvantages:

• Time‑consuming and costly.
• Public process; court proceedings are usually on the public record.
• Can damage commercial relationships.

Alternative Dispute Resolution

ADR offers many benefits. Mediation and conciliation involve a neutral facilitator who helps parties reach a voluntary agreement. These methods are confidential, less formal and often preserve business relationships. Expert determination involves an independent expert who makes a determination, often used for technical disputes.

How Revolance Legal Can Help

Our commercial litigation services include:

• Early advice: We assess your claim and advise on the strengths, weaknesses and likely outcomes.
• Negotiation and ADR: We represent you in negotiations and mediations to achieve settlement quickly and cost‑effectively.
• Court proceedings: If litigation is necessary, we prepare pleadings, gather evidence and present your case in court.
• Enforcement: We assist with enforcing judgments, including garnishee orders or property seizure.
• Risk management: We help you identify and manage legal risks to prevent future disputes.

We combine strategic thinking with direct communication so you always understand the process and your options.

Frequently Asked Questions (FAQs)

Resolve Your Dispute with Confidence

Commercial disputes require careful management to protect your business. Revolance Legal is committed to resolving disputes efficiently and effectively. Contact us on 02 9266 0688 or email [email protected] to discuss your matter.