Business Disputes:

Business disputes can take many forms. A dispute between individual engaged in some business enterprise or commercial transaction, if not resolved in a timely and efficient manner, can develop into serious claims which are litigated before the courts. Litigation can be a very costly affair and it is always better to seek a negotiated settlement of any dispute than to do battle before a court judge or magistrate.

Irrespective of the outcome of a court case, litigation will likely ruin the business relationship between the parties in dispute, it will prevent or hinder future business dealings between those parties, and it may result in severe financial liability for one o both of the litigants. Business legal disputes may be categorised in the following general categories:

(a)   Conflict between certain types of business individuals:

• Directors disputes (in incorporated and unincorporated businesses).
• Partnerships disputes and litigation (between partners).
• Franchise disputes and litigation (between franchisors and franchisees).
• Disputes between contractors and subcontractors.
• Disputes between agents and their principals or third parties.

(b)   The interpretation of corporate constitutions, articles of association and memoranda of understanding.

(c)    Disputes in relation to the terms and conditions of contracts and agreements:

• The rights and liabilities of parties.
• The duties and responsibilities of parties.
• Disputes concerning the enforcement of rights.
• Disputes relating to the termination of an agreement or contract:

i.     Allegations of repudiation.

ii.     Claims in rescission.

(d)   Disputes in relation to the enforcement of rights between business parties.

(e)   Disputes in relation to the apportionment of profits or claims against business assets.

(f)     Disputes in relation to the liability of partners at the dissolution of a business enterprise.

(g)    Winding up and insolvency.

(h)   Debts, cross-claims and offsets.

(i)     Workers rights (employees, contractors and the like).

(j)     Confidentiality issues, intellectual property and goodwill.

A business dispute solicitor should be retained by a potential litigant so that the essential terms of the dispute can be ascertained and so the fundamentals of the problem can be clearly articulated. The business dispute lawyer will then take steps to present the facts of the case, with the relevant applied law, to the other side with an invitation for a negotiated resolution of the matter. Should that resolution not take place, further steps may be needed for court litigation. The business law litigator will first need to consider any mandatory alternative dispute resolution processes that apply as between the parties (this may be mandated under statute or the contract under which the parties are doing business). Where appropriate, these will be pursued before any claims are filed in court.

If you require assistance with a business law litigation matter you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au  and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.