General Commercial Litigation
We will spend time with you to assess your dispute to a point where we can advise you of the options available.
The first thing to be decided is whether or not you have the basis for commencing a legal proceeding that will result in a positive benefit to you. This process requires a cost/benefit analysis of the value of your claim, compared with the legal costs you might incur for undertaking the litigation.
Question: Will it cost you more than you might recover from the court proceeding?
Sometimes commercial litigation is undertaken for the purposes of marketing. This is often the case when you are dealing with a regular class of clients who talk to each other. If you take proceedings against one of them, and you believe the action will be discussed, this is a great way for them all to understand you are serious about enforcing your rights under your terms of trade.
If you currently do not have written Terms of Trade by which you and your clients are bound, we can assist you with their preparation.
In Victoria there are courts and the Victorian Civil and Administrative Tribunal (VCAT) where commercial disputes can be resolved. We have many examples of disputes we have managed for clients in the past. Please ask us or view these examples on our blog.
A word of warning - taking legal proceedings is a serious business. We cannot inform the opponent of how you intend to win in the litigation. To do so is waiving your legal professional privilege and is opening your strategy (Case Concept) up to your opponent, which will simply jeopardise the success of your case.
DO NOT tell the other party, or show or give the other party any correspondence or documents exchanged between you and your lawyer!