Commercial Dispute Resolution

Why choose us to represent you in your commercial dispute:

• We are experienced commercial litigation lawyers committed to assisting you to resolve a business dispute quickly and efficiently.
• We have a track record of success assisting businesses in resolving disputes earlier and cost effectively through negotiation, mediation or other ADR mechanisms (Alternative Dispute Resolution) in a cross section of industries including: retail, hospitality, publishing, IT, accountancy firms, building and construction and transport.
• Where a negotiated settlement is not possible, we litigate a dispute promptly and rigorously in courts including the NSW Consumer Trader and Tenancy Tribunal, Local Courts, the NSW District Court, the NSW Supreme Court and the Federal Court of Australia.

Contact us with any questions you may have about a business dispute, including:

• Debt recovery
• Contract and commercial disputes
• Partnership disputes
• Business disputes
• Intellectual Property disputes such as copyright infringement or trademark infringement
• Sale of Goods disputes
• Sale of Business disputes
• Consumer and trade practices litigation
• Misrepresentations, misleading and deceptive conduct
• Defamation claims
• Commercial Lease disputes, Retail Lease disputes
• Alternative Dispute Resolution (ADR): mediation and arbitration
• Corporations Law proceedings
• Negligence litigation
• Building and construction disputes.

Commercial Dispute Resolution FAQs

Someone has sent me a letter of demand. What should I do?

1. Don't ignore a letter of demand from a creditor or debt collection agency for monies owing.
2. If you fail to pay the money back within the timeframe stipulated there is a real risk of legal proceedings being taken against you.
3. If you disagree with the debt, you should talk to one of our business lawyers about managing the dispute, the earlier the better. We can then consider the possibility of a counterclaim or cross-claim. 
4. If you do not dispute the claim, contact the creditor and try to negotiate a compromise on a “without prejudice” basis. This means you reserve the option of possibly defending the matter later should the creditor commence debt recovery proceedings against you.
5. If it is not possible for you and the creditor to agree upon a compromise of the debt and you are unable to immediately repay the total amount owing, you can propose repayment by instalments.
6. If the creditor does not agree to an installment plan, a formal application can be made to the Registrar of a Local Court for orders allowing you to pay off debts less than $60,000 by an installment plan.
7. If the Registrar refuses to make the instalment orders for which you applied, you can lodge an objection preferably with the assistance of an experienced business lawyer. That objection will be decided by a Court as will any objection by your creditor to the instalment orders made.

1. Start by contacting the person who owes you the money. Ask them to provide a date by which they will pay you what is owed.
2. If that is unsuccessful in recovering the debt you may wish to issue a Letter of Demand to the person or company who owes you the money, with a warning that you may commence legal action if the debt is not paid by the deadline. We can do that for you. Debtors tend to take more notice of a letter of demand sent by a lawyer than one sent by a private individual. For a form of letter of demand please click here and go to our Our Free Forms.
3. The next step may be to commence Court proceedings to recover the debt owed to you. The Court, paperwork and processes involved will depend on the type of claim you are making as well as the amount claimed. Prior to starting any Court case however it is best to obtain legal advice so you can formulate a strategy guided by an experienced business lawyer.

I've been served and need to appear in Court over a debt. What is going to happen?

1. You have 28 days to lodge a defence to a Statement of Claim. You may also file a Cross Claim at the same time against the claimant or any other person if you believe you have the grounds to make a claim against them.
2. When you file a Defence the matter will be listed 6 weeks later before a Magistrate or other Court officer. This is for pre-trial review or call-over to determine the procedures that will apply to preparing the case for hearing.
3. If you fail to file a Defence on time, the claimant can apply to the Court for default judgment against you. Then they can take steps to recover the debt from you (an order for seizure of goods, a garnishee order for deducting the debt from your wages, or an order for sale of your real estate including your home).

You should speak to a lawyer before filing a Defence and to discuss your possible options. If the amount is more than $10,000, it is best handled by an experienced business lawyer.

N.B.  These FAQs are general information only and are not intended to be definitive advice on the subject area. For legal advice relevant to your particular situation, please contact us today on 02 9789 3221 and talk to a business lawyer.