Different Areas of Commercial Litigation Law in Australia

Different Areas of Commercial Litigation Law in Australia

Commercial Litigation is a broad term that describes the various types of disputes that can arise in a business context.

Contract Disputes:

Contracts govern almost every aspect of a business’ dealings, including with its clients, vendors and suppliers, business partners, employees, landlord, insurers, financiers etc. If a business fails or refuses to fulfil its obligations under a contract or there is a disagreement about how to interpret the contract, the other party may seek to terminate the contract and/or commence proceedings for breach of contract seeking damages for losses resulting from the breach and other remedies.

Property Disputes:

Property disputes encompass those disputes that arise in respect of a business’ interests in land or personal property. It includes matters arising from the sale or purchase of property, disputes between a landlord and a tenant, disputes over a business’ ownership of or interests in property, and issues arising under the Personal Property Securities Act.

Competition and Consumer Law:

Competition and consumer law covers a wide range of matters arising under the Australian Consumer Law, which is aimed at promoting fairness and competition in business dealings and protecting consumers. It includes actions for misleading or deceptive conduct, unconscionable conduct, unfair contract terms and breach of consumer warranties (i.e. fitness for purpose, merchantable quality).

Debt Recovery/Insolvency:

If a debtor does not pay you for goods provided or services rendered or disputes their obligation to pay the same, then you may need to commence proceedings to recovery the outstanding debt. Recourse may also need to be had to insolvency proceedings, such as winding up or bankruptcy proceedings.

Intellectual Property Disputes:

Intellectual property, such as patents, trademarks, copyright and designs, are often a business’ most valuable asset and comprehensive intellectual property laws are in place to protect such rights. If another business is using your intellectual property without your permission you may need to commence proceedings to protect your intellectual property rights.

Corporation Disputes:

Corporate law deals with the governance and management of companies, both internally and in their dealings with third parties. Disputes can arise between the shareholders of a company in respect of the management of the company’s business or distribution of profits, which require the input of the Courts to resolve. Potential claims may also arise in respect of the conduct of a company’s directors, the take-over or merger of a company or the winding up of a company.