Commercial Litigation

Commercial Litigation

Litigation basically means arguing your point of view in Court proceedings.

The Court proceedings might be seeking a declaration that your interpretation of a contract clause is correct, or that the damage (on a monetary basis) you have suffered is someone else’s fault, or you want to prevent someone from damaging your business.

Essentially you want to forcefully (through the Court process) put your point of view forward to expedite resolution of an issue, or be compensated for the outcome of a venture.

Assessment

Each matter is unique and an early detailed assessment of the facts and legal issues involving the application of a variety of legislation and case law precedent is vital to ensure a proper remedy suitable to your needs is undertake from the outset.

Timing and Costs

The Court process is lengthy (between 1 and 2 years depending on the relevant jurisdiction; District Court, Supreme Court, Federal Court, etc), strictly controlled and managed, and as a result, costly, no matter what the jurisdiction.

We believe that the best way to service your needs through commercial litigation is to assess your claim/issue and advise you on the most cost effective and efficient process to reach the realistic outcome.

Alternative Dispute Resolution (“ADR”)

This may not involve litigation at all, but rather what is known as Alternative Dispute Resolution strategies (“ADR”) such as mediation, arbitration, neutral evaluation. Each process has a different cost involved, but the main advantage of ADR is to try and settle any disputes as quickly as possible, or narrow the issues involved in the dispute, no matter how complex, to reduce the ongoing costs for the overall litigated resolution of the matter.

Settlement

We believe that at each stage of any proceedings continual assessment of whether the value of any claim/settlement offer is a “financially better off” proposition, is vital to maximising your resultant net equity, after payment of costs and considering any alternate available options. The saying “A bird in the hand is better than two in the bush” rings just as true in today’s uncertain litigation world.

Contact Us on 9908 1700 for advice.

Contact us for a realistic assessment of your matter and an outline of the most appropriate procedures and costs involved to maximise your claim and minimise the time for payment.

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