Commercial Litigation

When business disputes cannot be resolved by discussions, you have to approach the Courts to do it. This forms part of commercial litigation and includes contractual, franchising and lease disputes. This is when you need our guidance to take you through the process in order to resolve the matter as cheaply and efficiently as possible. If we believe you will benefit by it, we would engage in alternate dispute resolution.

Although our focus will always be to act in your best interest, it is more often than not in your best interest to achieve a quick painless settlement, instead of getting bogged down in expensive lengthy legal proceedings. This is where our alternative dispute resolution comes in. Instead of having your matter heard in court, you either engage in informal discussions and offers trying to reach an agreement which can then be set out in writing and will bind the parties or you can have an impartial mediator appointed that facilitates bringing the different viewpoints of the parties together and ultimately achieving an outcome that is preferable to lengthy court proceedings.

At our firm we are acutely aware that although the law aims to deliver justice between parties, this does not always happen and it is quite often better to be realistic and choose an outcome that will be ultimately more beneficial.

We are ideally placed to guide you in choosing the best option for every circumstance and our Mr Harry Jordaan, who leads the commercial litigation team, is an accredited specialist by the Queensland Law Society in this field and has more than 35 years-practical experience.

This includes the following matters:

 

Contractual Disputes

The best drawn contract may be open to different interpretations and this gives rise to parties trying to bend the normal rules of interpretation for a better outcome. We will quickly and efficiently advise you of the best course of action and how to achieve it.

 

Franchising Disputes

The relationship between franchisors and franchisees are set out in a franchise agreement. The law has strict requirements with regards to disclosure and whether facts may have been misrepresented. We will guide you through this difficult process and when a dispute arises, exercise your rights accordingly.

 

Leasing Disputes

Lessors and lessees quite often put their own interpretation on the terms of the leasing contract and what they may or may not do and the consequences of it. We will advise you about your rights and entitlements and the importance of strictly sticking to time limits and legal obligations so that you may not lose out on valuable business opportunities. We are also able to advise you about your rights to compensation under the Retail Shop Leases Act 1994 when the Landlord undertakes building works to the centre.

 

Body Corporate Issues

Quite often we are approached by our clients where the body corporate has acted unlawfully and they have been required to do things that the law does not allow. We will take the matter further for you and assist you with adjudication and conciliation proceedings pursuant to the Body Corporate and Community Management Act 1997 (BCCMA). We will also advise you of your rights and obligations when you have trouble with your neighbours under the BCCMA.