It is not uncommon for people to often have disputes about the payment of debts or the clauses and conditions of contracts. Unfortunately, it is also not uncommon for these disputes to end up in Court.
This type of litigation is generally known as Commercial Litigation.
Commercial Litigation can involve small claims for unpaid debts through to multi million dollar claims for breach of contract. This litigation can be fought out in your Local Court right through to the Federal Court of Australia.
Any litigation can end up getting expensive. This is especially true of Commercial Litigation. It is therefore important that if you are contemplating commencing such litigation or if you are sued.
To any such litigation you need to get competent experienced legal advice. If you choose the wrong Lawyer to represent you, your costs involved in trying to finalise the matter can be substantially more than what you would have otherwise needed to pay.
This may be because they do work that is not necessary or fail to do work that is required in a timely or efficient manner. Before engaging any Lawyers to act on your behalf, you should make sure they properly understand your objectives and have discussed possible outcomes with you to resolve the matter. The Lawyer should also be prepared to give you independent objective advice and not just tell you what you want to hear.
We often hear our clients tell us that they don’t care what it costs to resolve the matter, it’s the principle of the thing. Sometimes it is much cheaper to take a commercial approach to the matter and make an offer at an early stage to try and resolve the matter. A commercial settlement achieved early in the proceedings can often be the most cost effective way to resolve a dispute.
You also have to consider whether it is economic for you to pursue the matter. Sometimes the legal fees can end up being significantly more than the amount of money that was originally in dispute. Often the only winners in this type of litigation are the Lawyers for each respective side. We encourage our clients to be pragmatic and weigh up the costs/benefits of litigation as opposed to settling.
Sometimes a dispute cannot be resolved by negotiation and the matter simply has to run and be determined by an independent decision maker. Evidence will need to be carefully collated to be put before the Court.
Before advising you to commence litigation your Lawyer should explore with you the possibility of settlement and of pursuing an Alternative Dispute Resolution. They should also discuss with you the potential costs involved in litigating the matter or trying to settle it.
If you need assistance in any type of Commercial dispute please do not hesitate to contact our office on 1300 277 000