Commercial Litigation
Commercial disputes can escalate quickly and often at critical moments for a business. We assist companies, directors and not‑for‑profits with commercial litigation in the County Court of Victoria, the Supreme Court of Victoria and the Federal Court of Australia. Our work focuses on intermediate to larger commercial matters where the issues, stakes or urgency require structured litigation strategy and experienced guidance.
We provide clear advice and measured strategy in matters involving contracts, misleading conduct, partnership issues, complex disputes and urgent court applications.
We assist clients in commercial disputes where clarity, preparation and strategic decision‑making are essential. Our work often involves contested business relationships, allegations of misleading conduct, governance issues, professional obligations and matters requiring urgent court intervention. We help clients understand their position, manage risk and navigate the litigation process with confidence and purpose.
Where we make an impact
Our litigation capability
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Disputes arising from commercial contracts, supply arrangements, service agreements and other business relationships, including matters requiring enforcement or damages claims in the County Court, Supreme Court or Federal Court.
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Claims involving alleged false representations, unfair conduct or disputes under the Australian Consumer Law, often involving significant commercial consequences.
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Higher‑value disputes involving unpaid invoices, disputed debts, security enforcement and related financial matters where court proceedings are required
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Injunctions, freezing orders and other interim relief where immediate action is required to protect assets, preserve rights or prevent commercial harm.
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Claims involving alleged negligence by accountants, advisers or other professionals in a commercial context, including matters involving financial loss or reputational impact
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Disputes arising from franchise relationships, termination, performance, restraint clauses or compliance issues.
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Litigation involving multiple parties, competing claims, high‑value commercial issues or matters requiring coordinated strategy across several areas of law.
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Commercial disputes involving federal legislation, federal causes of action or matters commenced in, or transferred to, the Federal Court of Australia.
Who we support
We advise individuals companies, directors, founders, not‑for‑profits and professional advisers.
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
Governance matters typically sit at the intersection of governing documents, statutory duties and regulator expectations.
These matters often involve the Corporations Act, the Associations Incorporation Reform Act (Vic), ACNC governance standards and guidance from Consumer Affairs Victoria.
Some issues resolve through negotiated governance changes, while others proceed to court, including applications in the Supreme Court of Victoria or the Federal Court’s Melbourne Registry.
Key litigation questions
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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.
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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.
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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.
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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.
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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.
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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.
