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Commercial Litigation

Commercial litigation requires commercial decisions. Disputes need to be considered in the context of the business as a whole, including its cash flow, demands on staff and ongoing profitability.

We seek to take a strategic approach to all the disputes we handle. After considering the potential impact of the dispute on the organisation or people involved, we will work with you on resolving the matter expediently. Sometimes this requires unrelenting litigation. In other situations, it requires a more pragmatic or subtle approach.

We always do our best to contain the fallout so that the reputation, resources and staff of the business can be intact.


We also like to work closely with our clients after the dispute has been resolved so that they can move forward with confidence.  We do this by identifying the source of the dispute and focusing on how the situation could have been avoided.  This process helps a business to grow, rather than simply moving on and making the same mistakes.

If you think that you have a commercial dispute brewing, we suggest that you follow the following steps:
Contact Us

The first step is for you to call us.  We will take the time to get to know you and your business, and understand the background of the claim.

Get Advice

We will then give you advice on the various options that are available to you, the cost of each option, and how to recover your money in the most commercially viable way.

Take Action

We will then work with you to resolve the dispute, whether through negotiation or litigation. Litigation is but one way to resolve a dispute and our team is also adept at other forms of dispute resolution such as negotiation, mediation or arbitration, depending on the nature of your dispute.

Examples of commercial disputes that we often resolve are:

      • Disputes between service providers and their clients
      • Partnership and joint venture disputes
      • Debt recovery
      • Banking and finance
      • Insolvency concerns (see our separate page relating to insolvency)
      • Insurance claims against insurance policies
      • Intellectual property disputes
      • Cyber-crime
      • Property transactions such as leases, purchases of real estate and the like (see our page here)
      • Contract interpretation 
  • Property dispute involving $40 million of property assets in the Czech Republic: Talacko v Talacko [2018] VSC 751, Talacko v Bennett [2017] HCA 15 and associated cases
  • $16 million dollar claim in the Federal Court involving allegations of breaches of director’s duties: CellOS Software Ltd v Huber [2018] FCA 2069
  • Allegations of breaches of director’s duties within a group of property development companies;
  • International contractual dispute concerning provision of electrical equipment to Dubai
  • Enforcement of judgment sum in Poland
  • Dispute between property developers regarding misleading a deceptive conduct during the sale of land, and breach of contract
  • Dispute between mining companies relating to copper deposits on Bougainville Island
  • Transportation dispute between a pharmaceutical wholesaler and its courier company
  • Dispute regarding a business name: RJB Wolfe v Mornington Peninsula Eye Clinic [2019] VSC 27

Partnership disputes including for software start-up companies, logistics providers, hospitality businesses, agribusiness, property developments and pharmaceutical companies.

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