Why Woods & Day Are Leading Commercial Lawyers in Melbourne?
Woods & Day Solicitors has a proven track record of providing sound, practical legal advice to businesses and consumers in complex commercial disputes, where we have obtained favourable results for our clients in areas of debt collection and other matters.
Our commercial lawyers pride themselves on their in-depth knowledge of the fundamentals of commercial law and have experience representing commercial clients in a wide range of commercial litigations, which they draw on to maximise our client’s chances of obtaining a commercial resolution to their matter.
Our commercial litigation experience in Melbourne includes:
- Acting for and advising a major car park operator in numerous complex leasing and other commercial transactions;
- Acting for and advising an international accountancy firm in numerous commercial litigation and debt recovery matters, including recently obtaining judgment in the County Court of Victoria for $194,000;
- Acting in an expert determination involving the interpretation and application of “make good” obligations under several car parking leases based in Melbourne;
- Representing and advising a major Melbourne based equipment hire company in a number of debt recovery matters;
- Representing and advising a number of Melbourne based insolvency practitioners, including recently settling a claim for insolvent trading against a company director worth over $200,000 in the Supreme Court of Victoria.
We use a holistic approach, which focuses not just on the legal problem at hand but also aims at understanding our client’s commercial needs so that we can tailor our approach to best suit those needs and seek a resolution in line with your business’ commercial interests.
We understand that commercial litigation is a costly and stressful process, and our commercial lawyers aim to provide a safe pair of hands to guide our clients’ through the process with minimum fuss, using an approach that strikes a balance of pursuing our client’s legitimate legal interests whilst at the same time, seeking a commercial resolution of the dispute, where appropriate.
Commercial law is the body of law which regulates the rights, conduct and obligations of businesses and businesspersons in their commercial activities and transactions with other businesses and members of the public.
Commercial litigation is the process where two or more businesses are unable to resolve a commercial dispute and engage commercial lawyers to take the matter to Court, where the Court will hear the parties’ evidence and legal arguments and make a binding decision in respect of the dispute.
The first role of a commercial lawyer is to review their client’s instructions and evidence and advise their client on their legal rights and position in respect of the dispute and whether it is appropriate to take the matter through the Court system. A commercial lawyer will also explore the possibility of whether the matter can be resolved without going to Court.
If the dispute does go the Court, commercial lawyers will:
- prepare the necessary court documents to commence court proceedings;
- obtain further instructions and documents from their client and prepare evidence in support of their client’s case;
- provide advice to their client on its legal rights and the Court process;
- develop and prepare their client’s legal arguments;
- appear in court on behalf of their client;
- engage in negotiations with the other side’s lawyer to see if the dispute can be resolved prior to the final hearing
Commercial law covers many different areas, including:
- Contract law, being the body of law regulating the formation, interpretation and breach of contracts;
- Corporations law, being the body of law regulating the ownership, management and conduct of corporations and their shareholders and directors;
- Property and leasing law, being the law regulating ownership and other rights in respect of real property (land) and personal property;
- Intellectual property law, including copyright, trademark, patent and design law;
- Trade practices and consumer law, being the body of law set out in the Australian Competition and Consumer Act and the Australian Consumer Law, including misleading or deceptive conduct, unfair contracts and consumer warranties;
- Equity and trusts, being the body of law regulated by equitable principles, including estoppel, trust law and breach of fiduciary duties;
- Debt recovery law, being the law regulating the recovery of outstanding debts;
- Unjust enrichment and quantum meruit;
- Insolvency law;
- Building and construction law;
- Partnership, franchise and joint venture law.
The purpose of commercial law is to regulate the way that businesses conduct their commercial activities and transact with each other and consumers, so that both businesses and consumers have certainty and efficiency in their dealings with each other and protection from certain unfair business practices. Commercial litigation provides a mechanism and to resolve disputes between businesses and/or consumers in the event that commercial relationships break down.
A good commercial lawyer should have the following attributes:
- Knowledge and experience in the relevant area of law;
- Commercial understanding and ability to see the bigger picture;
- Good communication skills and transparency;