Commercial Litigation FAQs

September 18, 2019 / by bethel / Litigation / 0 Comments

What is commercial litigation?

Commercial litigation is where a business or company is involved in a dispute that arises in the business context these include shareholder disputes, partnership disputes, breach of contract cases as well as trade practice claims. Generally, the commercial dispute involves two or more businesses or individuals that disagree about a certain fact, matter or situation, and they have been unable to come to a resolution of the dispute through negotiations or their general business dealings. It is at this junction when one party may decide to commence legal proceedings in Court to enforce its rights (or what it thinks its rights are), so that the Court can determine the dispute.


What is alternate dispute resolution?

Generally, alternate dispute resolution is the process of resolving commercial disputes (without Court intervention) between parties via negotiations or alternative dispute resolution (ADR) processes such as mediation or arbitration. Many commercial agreements tend to provide that the parties to that agreement should first try to resolve a dispute through dispute resolution processes prior to commencing litigation or filing Court Proceedings by way of Claim and Statement of Claim, or Originating Application.


What do commercial litigation lawyers do?

A commercial litigation lawyer is a qualified solicitor who has particular expertise in Court processes and the relevant Rules of Court. a Litigation lawyer knows how to navigate the intricacies and demanding timelines imposed by the rules of Court, and acts for a party to legal proceedings where there is litigation on foot.


Is Dispute Resolution the same as Litigation?

Litigation is where parties to a dispute are engaged in current and ongoing legal proceedings in a Court. Dispute Resolution is a method of settling a dispute (without Court intervention) between parties. Quite often, as part of the litigation process, the parties will be ordered by the Court, to engage in Dispute Resolution such as a mediation, prior to a trial of the matter or dispute.


Is there an alternative to commercial litigation?

This will largely depend on the circumstances of your matter, and whether or not you are the plaintiff or defendant, and for example if legal proceedings have already been commenced.

It is important that you immediately obtain legal advice if you are in a dispute or being taken to Court, or being threatened with legal proceedings, or considering commencing legal proceedings, so that you understand your rights and obligations. Rostron Carlyle Rojas Lawyers can assist with all commercial litigation matters.


What is the first step in commercial litigation?

The first step in commercial litigation is generally the filing of a Claim and Statement of Claim in the relevant Court jurisdiction. This is where a Court file number is allocated to the particular matter and a series of events and obligations are triggered on each of the parties to the dispute.

However, parties to commercial litigation will generally have engaged with each other either by correspondence, or at least verbal discussions prior to legal proceedings being filed or commenced – either on their own account, or through their lawyers. Such correspondence or discussions will likely (and usually) foreshadow the pending litigation including the fact that there is a dispute between the parties.


How much does commercial litigation (or going to Court) cost?

Litigation is an inherently uncertain process and the cost of commercial litigation can vary greatly depending on the complexity of the dispute, the willingness of the parties to negotiate, and the type of fee agreement you establish with your solicitor.
Facts to consider when esitmating legal fees:
1) Complexity of the matter
2) Quantum of the amount in dispute
3) The number of parties involved
4) Whether expert evidence is required
5) The attitude of the defendant
6) The nature of the claim/dispute
7) The facts of the case
8) The evidence to be relied upon
9) The jurisdiction of the parties and witnesses
10) The strength of the case in general


Do you offer no-win no-fee type of arrangements for commercial litigation?

Whether it is No Win-No Fee, No Win-No Charge or No Win-No Pay, in legal terms these agreements are known as contingent-costs agreements. That is, payment is contingent on a successful outcome of your litigation matter. A contingent-costs agreement potentially allows a person with limited funds access to justice, or defend against frivolous claims or enforce their rights when they are a party to legal proceedings.


How long does it take to resolve a commercial dispute?

The time taken to resolve a commercial dispute by way of commercial litigation can vary greatly depending on the complexity of the dispute, and the willingness of the parties to negotiate or reach a settlement.

For example, simple uncomplicated commercial disputes may resolve in a few months, while it is not uncommon for complex disputes to last for several years.


I have a dispute with a client, customer or supplier – what are my options?

Each matter varies, and it is important that you get help and assistance as soon as possible. You should take legal advice so that you do not for example compromise your position or make inadvertent admissions or disclosures that may be used against you in future legal proceedings.

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