Commercial litigation encompasses broad and wide ranging areas of law. Not to be confused with criminal law and its evidentiary standard proving matters ‘beyond reasonable doubt’, commercial litigation involves an examination of facts ‘on the balance of probabilities’ to aid in the resolution of a dispute.
Governed by a variety of processes and procedures depending upon the nature of the dispute, commercial litigation is a very technical area of law that can, unfortunately, be both time consuming and expensive.
Here at Potts Lawyers, we focus on resolving disputes as efficiently as possible, with a view to minimising our clients’ costs. We implement strategies seeking a timely resolution to the dispute via informal discussions or submissions between the parties or in the alternative, negotiating successful outcomes at a settlement conference or mediation.
Sometimes, these practices may be at the direction of the court, depending whether you are suing a party, or being sued. In rare instances, a trial may also ensue.
If you are in dispute with another party, contact Potts Lawyers for advice as to how we can assist you.
If you have been served with a court claim, it is very important you seek legal advice straight away. While you may prefer to simply bury your head in the sand, strict court processes require you to file a defence within 28 days of being served with the claim.
At best, you may hold appropriate insurance that will respond to the claim on your behalf. Certainly, we are able to liaise with your insurer on the issue of indemnity and argue your coverage under the insurance policy.
In the event you are uninsured however, and do not file and serve a defence with the prescribed time limit, then the party who is suing you may apply to the court seeking default judgment against you. This means that without filing an appropriate defence, the court may simply deem the amount claimed as payable by you, as well as interest accrued and legal costs incurred. The default judgment may then be enforced against you by deducting your wages or company drawing, or even by forcing the sale of assets.
In order to protect your interests, it is imperative you seek legal advice as soon as you are served with a claim.
Litigation is often not the most cost effective way to resolve commercial disputes.
If you have suffered a loss as a result of another party’s actions, our team will advise you whether it is appropriate for you to get on the front foot by commencing court proceedings, or whether your dispute may be resolved via settlement discussions or mediation at an early stage. At the outset of your matter we will discuss the likely outcome of your dispute with you and what further evidence might be needed to strengthen your negotiating position or to succeed in court.
We have successfully represented both individuals and companies in their respective commercial disputes, with our client focused approach and upfront, straight forward advice making us the clear choice to assist you resolve your legal problem.
Partnership & Director Disputes
At the very outset of a partnership, you do not expect to come into conflict with with your colleagues. Unfortunately, there are many instances where the relationship between business partners has disintegrated so far as requiring lawyers to step in and resolve the dispute. Such disputes are disruptive and can cause detriment to the profitability of your business.
At Potts Lawyers, our aim is to avoid costly litigation court processes, in favour of negotiating or mediating a resolution to the dispute in a timely manner.
Should a dispute with your business partners arise, we urge you to contact our litigation team for strategic advice as to how we can quickly resolve the dispute, so that you can get back to business.
All of us, in the course of our everyday lives, will enter into numerous contracts, whether as consumers, employees, or business owners.
Thankfully, most of the time agreements are honoured and any disputes can be sorted out by those involved. When things do not go to plan however, our skilled solicitors and dispute mediators at Potts Lawyers can assist by providing you with your legal options in resolving contractual disputes.
Our litigation lawyers are practiced in advising:
- the identification of contractual parties;
- express and implied terms of the contract;
- circumstances affecting a contract’s legality;
- any breach or potential breach (failure to honour the terms) of contract;
- whether a contract has been discharged; and
- available remedies for breach of contract (eg. Damages).
Most importantly, our lawyers will offer practical advice and consider the economic viability of pursuing various rights you may have.
If you have provided goods or services to a client or customer, and have not been paid, Potts Lawyers can assist by advising you of your options and arranging debt collection of the monies owed to you.
Depending on the terms of contract and the value of the debt, options can range from the following:
- A solicitors’ letter of demand;
- instituting court proceedings;
- enforcing court judgments;
- commencing bankruptcy or insolvency proceedings; and
- arranging the seizure of assets by court order.
Obtaining timely legal advice can prevent costly financial and business decisions. Nobody wants to ‘throw good money after bad’.
If you, your business, or company, has become involved in a contractual dispute of any kind, please contact us to discuss your options.