Commercial Dispute Resolution

We have a track record of success assisting businesses in resolving disputes earlier and cost effectively through negotiation or ADR mechanisms (Alternative Dispute Resolution) in a cross section of industries including: retail, 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 Local Courts, the New South Wales Supreme Court and the Federal Court.

Debt recovery
Defamation claims
Intellectual Property disputes
Contract and commercial disputes
Alternative Dispute Resolution: mediation and arbitration
Corporations Law proceedings
Negligence litigation
Trade Practices Act litigation
Building disputes
Partnership/business disputes
Sale of Goods disputes.

Commercial Dispute Resolution FAQs

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

Don't ignore a letter of demand from a creditor or debt collection agency for monies owing. It is a formal request and if you fail to pay the money back within the timeframe stipulated there is a real risk of legal proceedings being taken against you. If you disagree with the debt, you should talk to one of our business lawyers about managing the dispute, the earlier the better.

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. 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.

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 instalment plan. 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.

Someone is refusing to pay an invoice. What can I do?

You should start by contacting the person who owes you the money and attempt to agree on a date by which they will pay you. 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. 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.

The next step may well be to commence Court proceedings to recover the debt owed to you. The paperwork and processes involved will depend on the type of claim you are making as well as the amount claimed. It is not mandatory for you to be legally represented in the Small Claims Division of the Local Court which deals with straightforward claims of less than $10,000. Prior to commencing 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?

If you fail to respond to a Statement of Claim within 28 days of its issuance by a Court, the claimant can apply to the Court for default judgment against you and then take steps to recover the debt from you such as an order for seizure of goods or an order for sale of your real estate including your home.

If you believe you do not owe any money to the claimant or at least not the entire amount claimed, you may file a formal defence in the Court. 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.

The matter will be listed before a Magistrate or other Court officer 6 weeks after you file your defence, for pre-trial review or call-over to determine the procedures that will apply to the preparation and hearing of the case. You should speak to a lawyer before filing a defence and to discuss your possible options. Certainly with claims greater than $10,000 involving a more formal court procedure, 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 pertaining to your particular situation, please contact us today and talk to a business lawyer.