Commercial Litigation

Commercial disputes often arise at critical moments — when relationships break down, obligations are contested or commercial pressure escalates. We assist individuals, companies, directors, founders, SMEs and not‑for‑profits in litigation before the County Court of Victoria, the Supreme Court of Victoria and the Federal Court of Australia. Our work focuses on disputes where the issues, stakes or urgency require structured litigation strategy, disciplined preparation and commercially grounded decision‑making.

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Where we make an impact

We assist clients across Melbourne and Victoria in commercial disputes where clarity, preparation and strategic positioning are essential. Our matters often involve contract and business disputes, shareholder and partnership conflicts, allegations of misleading or deceptive conduct, urgent applications and injunctions, and disputes arising in financial distress or insolvency.

These disputes frequently involve contested commercial relationships, governance and control issues, professional obligations and situations requiring rapid assessment and decisive action. We help clients understand their position, assess risk and navigate the litigation process with confidence and purpose.

Our litigation capability

We provide structured, strategic support across the full spectrum of commercial disputes. Our work is defined by early issue identification, disciplined preparation and a clear understanding of the commercial and legal dynamics that shape litigation outcomes.

We assist clients in managing complex factual scenarios, contested negotiations, urgent applications, regulatory engagement and matters involving financial distress. Our approach is grounded in clarity, commercial judgment and a focus on achieving outcomes that reflect the realities of the dispute.

Contract & Business Disputes

We assist clients at critical moments in commercial relationships — when performance is contested, obligations are unclear or commercial pressure escalates. Our focus is on identifying leverage, shaping negotiation dynamics and positioning clients for the most effective outcome, whether through resolution or litigation.

Common issues include breach of contract, repudiation, variation and termination disputes, joint venture and franchise disputes, and supply chain or commercial leasing disputes.

Shareholder & Partnership Disputes

We advise on disputes that affect control, value and governance. These matters often involve competing commercial interests, breakdowns in trust or strategic deadlocks. We bring clarity to complex corporate dynamics and guide clients through decisions that protect their position.

This includes oppression claims, buy‑out and valuation disputes, access to books and records, fiduciary breaches, partnership dissolution and profit‑sharing disputes.

Misleading or Deceptive Conduct

Claims involving misleading or deceptive conduct require careful analysis of commercial behaviour, evidence and market context. We assist clients in assessing exposure, developing a defensible narrative and preparing for the strategic implications of these claims.

Our work includes disputes arising from negotiations or representations, business‑to‑business conduct, claims under the Australian Consumer Law, and damages or causation analysis.

Urgent Applications & Injunctions

When timing is critical, we act decisively. We assist clients in assessing whether urgent relief is necessary, preparing targeted evidence and managing the procedural demands of applications that can materially alter the course of a dispute.

We assist with freezing orders, search orders, urgent injunctions, interlocutory applications and urgent enforcement or restraint matters.

Insolvency‑Related Disputes

We advise directors, creditors and insolvency practitioners on disputes arising from financial distress. Our work includes assessing risk, understanding competing stakeholder interests and navigating the legal and commercial consequences of insolvency events.

This includes statutory demands, winding‑up applications, proofs of debt, liquidator claims, insolvent trading allegations and public examinations.

Who we support

We advise individuals, companies, directors, founders, not‑for‑profits and professional advisers across Melbourne and Victoria.

Our clients include small to medium businesses and organisations facing commercial disputes that require clear, practical guidance.
We are engaged both by prospective plaintiffs and defendants before proceedings are commenced and after litigation is underway.

Regulatory and legal framework

Commercial litigation often requires navigating the interaction between contractual obligations, statutory duties, equitable principles, governance standards and the procedural realities of the courts in Melbourne and Victoria. These frameworks shape strategy, evidence, timing and the options available to parties in dispute.

Our work frequently involves:

  • the Corporations Act 2001 (Cth), including directors’ duties, shareholder rights, corporate governance and insolvency‑related consequences

  • the Australian Consumer Law, particularly allegations of misleading conduct, unconscionability and statutory remedies

  • equitable principles, including fiduciary obligations, duties of confidence and remedies arising from trust or partnership structures

  • regulator expectations and professional standards relevant to commercial conduct and organisational decision‑making

  • the approach taken by the Supreme Court of Victoria, the County Court of Victoria and the Federal Court’s Melbourne Registry to evidence, interlocutory relief and the management of commercial disputes

Some matters resolve through negotiation or targeted engagement with counterparties or regulators. Others proceed to court, where strategic preparation, evidentiary discipline and an understanding of how judges manage commercial disputes in Victoria’s superior courts become central to achieving a favourable outcome.

Key litigation questions

Clients often seek clarity on issues such as:

• the defensibility of their position

• commercial risks and opportunities

• negotiation versus litigation strategy

• evidence requirements

• timing and procedural steps

• cost implications

We provide direct, commercially grounded answers to help clients make informed decisions at critical moments.

  • We assess the legal position, evidentiary strength, timing pressures, cost exposure and the likely conduct of the other party. This helps clients understand whether litigation, negotiation or another strategy best aligns with their commercial objectives.

  • We review key documents, identify evidentiary gaps, preserve communications, assess risk and prepare a clear strategy. Early preparation often shapes the trajectory of the dispute and can influence whether proceedings are necessary.

  • We analyse the representations made, the context in which they were given, reliance, causation and loss. These matters often turn on evidence and timing, so we focus on clarity, documentation and strategic positioning.

  • Jurisdiction depends on the nature of the claim, the legislation involved, the value of the dispute and the relief sought. We advise on the most appropriate forum and the implications for timing, cost and strategy.

  • We map the relationships, identify the key issues, assess contribution and indemnity risks, and develop a coordinated strategy. Multi‑party disputes require careful sequencing and clear communication to avoid unnecessary complexity.

  • Urgency can determine whether an injunction, freezing order or other interim relief is required. We act quickly to prepare the necessary material and ensure the court has what it needs to intervene when appropriate.

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If you are facing a commercial dispute or require guidance on litigation strategy, we’re here to assist.

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