Commercial Litigation

Commercial Litigation & Business Disputes in NSW

Commercial disputes can disrupt a business, affect important commercial relationships and result in significant financial and legal consequences.

Russell Kelly & Associates provides advice and representation in commercial disputes and litigation in New South Wales. We assist businesses, business owners and individuals in identifying their legal position and determining an appropriate strategy for resolving the dispute.

Where possible, an early commercial resolution may avoid the cost and uncertainty of court proceedings. Where litigation is necessary, we can advise and represent clients throughout the process. Learn more about court appearances and litigation representation.

Contract Disputes

Disputes frequently arise over the interpretation, performance or termination of commercial contracts.

Issues may include failure to perform contractual obligations, non-payment, termination rights, alleged breaches of contract, warranties, representations and claims for loss or damage.

We can review the relevant agreement and surrounding circumstances, advise on the parties’ rights and obligations and assist in determining an appropriate course of action.

Business and Shareholder Disputes

Disputes between business owners can affect the management and continued operation of a business.

These disputes may involve shareholders, directors, partners or other participants and can concern management and control, financial arrangements, ownership interests, business decisions or the proposed departure of an owner.

The company’s constitution, shareholders agreement, partnership agreement and other commercial documents can be important in determining the parties’ respective rights.

Learn more about Companies, Trusts and Partnerships.

Debt Recovery and Unpaid Accounts

Unpaid debts can have a significant effect on business cash flow.

We can advise creditors about recovering commercial debts and the options available depending upon the amount owed, the documentation supporting the debt and the circumstances of the debtor. Learn more about payment by instalments and unfair preference claims when a company is in financial difficulty.

Where a debt is disputed, it may be necessary to consider the underlying contractual or commercial issues before commencing recovery proceedings.

Property and Leasing Disputes

Commercial disputes can arise in relation to property transactions and landlord and tenant arrangements.

Issues may concern contractual obligations, rent, outgoings, repairs, lease options, assignments, breaches of lease, termination or make-good obligations.

Learn more about Commercial and Retail Leases.

Building and Construction Disputes

Building and construction disputes can involve contractual obligations, payment, defects, delays, variations and disagreements about the scope or standard of work.

The appropriate approach will depend upon the contract, the nature of the dispute, the parties involved and the remedies available.

Resolving Commercial Disputes

Commencing court proceedings is not always the first or best solution to a commercial dispute.

Depending on the circumstances, a dispute may be addressed through correspondence, negotiation, mediation or another form of dispute resolution. These processes can sometimes produce a commercial outcome without the time and expense associated with a final court hearing.

Learn more about Alternative Dispute Resolution.

Where a negotiated resolution is not achievable, court proceedings may be necessary to protect or enforce a client’s legal rights.

Commercial Court Proceedings

If litigation becomes necessary, the appropriate court or tribunal will depend upon the nature and value of the dispute and the orders being sought.

Litigation involves procedural requirements, evidence, legal costs and commercial risk. Obtaining advice at an early stage can assist in assessing the strength of a claim or defence and the practical options available.

Responding to a Commercial Claim

If your business receives a letter of demand, statement of claim or other formal notice of a dispute, it is important to obtain advice promptly.

Legal proceedings and contractual notices can be subject to strict response periods. Delaying a response may affect the options available to you.

Commercially Focused Dispute Advice

The legal merits of a dispute are only part of the decision about how it should be handled. The amount involved, legal costs, disruption to the business, commercial relationships and prospects of recovery can also be important considerations.

Russell Kelly & Associates aims to provide practical advice that takes both the legal and commercial circumstances into account.

Learn more about our Business & Commercial Law services.

Speak to Russell Kelly & Associates

If you are involved in a commercial dispute, have received a claim against you or are considering taking action to enforce your rights, contact Russell Kelly & Associates to discuss your circumstances.