When commercial terms can’t be agreed and it is costing you money or opportunity you need the right advice. That doesn’t always mean rushing off to Court – but sometimes it does. Read our Client Reviews and then call us to speak with an Adelaide commercial litigation lawyer with specialist dispute resolution experience on a no obligation basis.
We have an excellent track record of significant Court room wins but out best achievements are the commercial disputes that are resolved quickly, efficiently and cost effectively with minimal disruption to the business in question or the relationship between the parties.
We know that most clients will fight if they have no choice but their strong preference is a solution that makes sense. We have the business know how and commercial experience to help find those solutions and we understand that there is often more than one. If we can’t find the solution through negotiation we have the Court room experience to vigorously pursue our client’s aims via litigation.
Our approach to resolving contractual disputes and commercial litigation includes the following:
- Consider our client’s aims;
- Provide our assessment of potential methods of resolution, outcomes and costs;
- Explore alternative dispute resolution;
- Court Proceedings
Consider our client’s aims
We make sure we understand our client’s aims and their business interests before we try to find a solution to their problem. That’s because we know that solutions must take into account each client’s specific circumstances. We make sure that based on our experience of resolving similar disputes and the relevant law that our client’s aims are reasonable and achievable.
Provide our assessment of potential methods of resolution, outcomes and costs
We provide our clients with all potential methods of resolving commercial disputes. We try to think outside the square and we will often round-table the issues to make sure we have considered all possible solutions.
We also provide our clients with likely outcomes and, most importantly, we provide clear recommendations – we don’t like to sit on the fence.
We discuss costs up front. We provide costs estimates and we update these regularly throughout the matter. We aim to be transparent about how we charge and what we think it will cost.
Yes it is called an order for "indemnity costs" but such an order is only given in limited circumstances. Find out more
Explore alternative dispute resolution
We believe first and foremost in exploring all viable alternative dispute resolution mechanisms provided they have reasonable prospects of success in achieving our client’s aims. In this sense one of our most valuable assets is our personal business experience (and that of our other clients). All of our lawyers are excellent negotiators – they bring all of their skill and experience to the table every time and they explore all opportunities of resolving disputes before and during Court proceedings. A large number of our matters resolve before the issue of proceedings and even where proceedings cannot be avoided, most resolve before the matter goes to trial.
Court proceedings
If it is not possible to avoid Court proceedings we provide our clients with an outline of the likely process, a proposed strategy (such as the pros and cons of security for costs applications) and further costs estimates as the matter proceeds. We also discuss with our clients the potential outcomes of litigation including the likelihood of any adverse costs orders for our client or the other party.
It is generally also appropriate at this stage to consider the ability of the other party to pay a judgement sum and whether our client has appropriate asset protection mechanisms in place.
One of the first things we do is to engage the best and most suited barrister to provide a detailed opinion to minimise the likelihood of surprises down the track. We have an excellent working relationship with many of Adelaide’s best barristers.
Read our Client Reviews and then talk to us about your commercial dispute or commercial litigation matter on a no obligation basis.
