Sometimes disputes are unavoidable. Stress doesn't have to be.
Dispute resolution is a complex area of law that deals with many types of legal disputes between individuals, businesses, government and administrative bodies. Each dispute will have its own set of unique variables so it is imperative to seek independent legal advice whether you're making or defending a claim.
Disputes that may arise in your personal and professional life could include breach of contract cases, business-to-business disputes, professional negligence, shareholder issues, defamation accusations, compulsory acquisition of land, franchising disputes, debt recovery, and more.
No matter your dispute, we can help
Disputes are a fact of life. Your first priority when dealing with a dispute will probably be to find a practical solution to the problem you are facing. Our dedicated team can help you develop an effective strategy to manage all the moving parts of your legal situation and provide you with support every step of the way. We have decades of experience in helping individuals and businesses address a wide range of issues and can help you resolve your situation at a reasonable cost.
We understand that no two cases are ever the same. Many types of claims fall under the broad umbrella of commercial litigation. There is rarely a one-size-fits-all approach to either enforcing or defending a person's legal rights. We are committed to achieving the best possible outcomes for you and exploring all the different possible outcomes and probabilities of success associated with your case.
Seek advice early
For most legal issues, there are strict time limits for you to pursue a claim. As with any type of commercial dispute, it's in your best interests to get independent legal advice as soon as possible so you know exactly where you stand. We can assess your matter and answer your questions in a clear and concise manner. We understand how important it is for you to know your options before you commit to anything and will provide you with all the information you need to determine the best course of action for you.
How we can help
At Slater and Gordon, we're experienced in dealing with many types of commercial litigation and can help you achieve the best possible outcome, no matter how complex your dispute is.
Business disputes take many different shapes and forms. They often involve a lot of money - whether owed, lost or mismanaged - and can escalate into a time-consuming and stressful situation for the parties involved if not expertly managed. Some of the most common business litigation issues we see are:
Professional negligence describes the failure of a professional to act with reasonable care and skill when working with a client. If the standard of service a professional has provided to you is below what they ought reasonably to have done, they may have acted in breach of their duty of care. You may be entitled to compensation if you have lost money or suffered financial harm as a result of that breach.
Common types of professional negligence include:
Certain government bodies and regulatory authorities are responsible for managing various industries. As part of their role, these government bodies and regulatory authorities make decisions. If you disagree with a decision made by a regulatory or government body, we may be able to help you to dispute it, which may result in a different decision being made.
If you're looking to apply for voluntary bankruptcy or recover debts owed to you by an individual that has declared bankruptcy, it's important to understand your legal rights and the processes.
Whether you have been defamed by someone else or you are the one being accused of defamation, we can help you make or defend a claim. We will equip you with a solid understanding of where you stand and what the merits or faults of your case are right from the outset.
Trust and asset disputes
Trust and asset disputes typically involve disagreements over the administration of a trust or estate. We can help informally resolve most disagreements using alternative methods of dispute resolution, including mediation and arbitration.
Insurance disputes can occur in a range of situations, including when an insurer rejects your claim such as a business insurance claim. We can help you challenge a decision, make a claim for payment, or investigate whether you are entitled to receive a death benefit.
Compulsory acquisition of land
If you or your business are adversely affected by a compulsory land acquisition, you may have a right to compensation that's higher than what the acquiring authority has offered you.
Know your entitlements
Depending on the unique set of circumstances that inform your dispute, there could be a number of possible outcomes for your case. Generally speaking, our team can help you to:
- Recover money or assets owed
- Put a stop to conduct that negatively affects you
- Receive fair and reasonable compensation for damages
- Set aside or vary a previous decision
- Access litigation funding so that you can pursue a claim.
Talk to us today so that we can start to assess your case and provide you with tailored legal advice. Our lawyers are well-versed in a broad range of commercial litigation issues and have a transparent approach to communication that help you know what you're entitled to.
We strongly believe that cost shouldn't be a barrier to obtaining professional legal advice and representation. If you have a viable commercial litigation case, we can help you access litigation funding from a third party funder and liaise with them on your behalf to help secure you the best possible terms. We can also offer flexible litigation funding solutions under certain circumstances, including No Win - No Fee*, disbursement-only funding and adverse costs insurance.
We know how to protect and defend your rights
Our team will always provide you with information about costs and the probabilities of success associated with your case before commencing any work on your behalf. We are committed to communicating openly and transparently during the lifespan of your case and will do our best to minimise the stress involved for you. Commercial litigation can be a tricky area of law, but our knowledge and expertise enable us to capably and confidently represent you.
We're a large nationwide firm
- With offices all over Australia, our team operates wherever our casework takes us. We have extensive experience in running cases across all jurisdictions. As a well-known and highly respected firm, we maintain the resources and reputation to protect and defend your rights.
We offer flexible litigation funding options
- We believe the confidence and comfort that comes from knowing you have the financial backing to see your case through cannot be underestimated. We can help you obtain funding for your case or arrange a flexible cost agreement for you if your circumstances are challenging.
We don't back away from a challenge
- We have over 30 years of experience handling many types of claims in commercial litigation. Our lawyers have fought tooth and nail for cases that other firms may have dismissed as too risky. We do our absolute best to achieve great outcomes for our clients and we strive to make the law accessible to all.
We prioritise transparency at Slater and Gordon. That's why we'll provide you with a full cost estimate at the get-go. You won't have committed to anything until you've signed and returned our cost agreement. This is so you have the time and space to consider your options carefully.
We offer a flexible range of funding options for our clients, including:
- Fee for service: You pay as you go.
- No Win - No Fee*: You pay your legal costs if we achieve a successful outcome for you. A premium will apply to your legal costs under this arrangement.
- Litigation funding through third parties: We can match you with a litigation funder who will cover your costs during your case. They will be reimbursed upon a successful outcome, plus a fee.
- A combined funding package: Flexible and tailored to suit your needs.
To find out what funding options are available to you and best suited for your needs, contact us today and we can discuss your options.
Can the other party pay my costs?
Under some circumstances, the other party involved in your dispute may be ordered to pay a portion of your legal costs when the matter is resolved. We can discuss this further with you once we have assessed your case.
What to expect
Each and every commercial litigation case is different. Even the length of time a case takes can vary greatly - depending on the nature of the dispute. We'll provide you with an estimated timeframe for completion once we've looked at the specifics of your case.
Generally, there are a number of steps you'll go through during your claim:
- We'll assess your case and provide you with initial advice.
- If appropriate, we'll initiate contact with the other party by sending either a letter of demand or responding to a letter you have received.
- We'll attempt to negotiate a resolution to the dispute with the other party.
Commence or defend court proceedings
- If the parties continue to be in dispute, we'll prepare the necessary paperwork to commence legal proceedings against the other party or defend any legal proceedings issued against you.
- Once proceedings have commenced, a number of processes will be completed, including the exchange of documents related to the dispute by both parties.
Mediation or pre-hearing conference
- Prior to trial, the parties involved will need to attend mediation or a pre-hearing conference. The purpose of the mediation or conference is for the parties to attempt to negotiate a settlement of the dispute.
Trial preparation (if the dispute remains unresolved)
- If the parties are unable to negotiate a settlement, we'll proceed to take your case to trial.
- A number of steps will need to be completed by the parties in preparation for trial, including the preparation and exchange of evidence.
Trial and judgment
- The Court will set a date for the trial. During the trial, the parties will present their case before a judge.
- Once the trial is finished, the judge will review the case and, at a later date, deliver their judgment (the outcome of the case) and the reasons behind the decision.
Meet our team
When you work with our Commercial Litigation team, we combine our skills, experience and resources to aim to deliver on your exact needs.
All of our cases are supervised by a senior lawyer to aim to get you the best possible advice, strategies and outcome.