Commercial disputes, 
commercially resolved.

Gather the contract, correspondence, invoices and notes of key conversations, and preserve electronic records. Early advice can identify the possible causes of action, urgent steps, likely value, evidence gaps and whether litigation is proportionate. Avoid sending an unconsidered demand or terminating an agreement before the legal position is assessed.

Cost depends on the issues, evidence, forum, urgency, procedural stage and the other party's response. An early negotiated resolution usually costs less than a defended hearing, but it is not available in every matter. We provide a staged estimate, identify the assumptions behind it and update it when the scope or procedural path changes.

The offer should be compared with the reasonably available outcome, litigation risk, legal cost, management time, delay and the prospects of enforcing any judgment. The strength of the evidence and any costs consequences of rejecting the offer also matter. The decision should be based on a realistic range rather than a single best-case figure.

The Competition and Consumer Act 2010 (Cth) sch 2 (Australian Consumer Law) prohibits misleading or deceptive conduct in trade or commerce and can apply to dealings between businesses, not only transactions with individual consumers. A commercial claim may include both contractual and statutory causes of action where the facts support them.

A demand is not compulsory in every matter, but it is often useful where it can define the claim, identify the evidence and create a structured opportunity to resolve the dispute. In some cases, urgent relief or a contractual notice process should come first. The content and timing should be chosen as part of the overall strategy.

A statutory demand under the Corporations Act 2001 (Cth) s 459E requires a company to address a debt at or above the statutory minimum within 21 days. Non-compliance can create a presumption of insolvency for a winding-up application. A demand may be set aside where there is a genuine dispute, an offsetting claim or another qualifying defect, so it should not be used as pressure for a genuinely disputed debt.

The timetable depends on the court, complexity, evidence, interlocutory applications, availability of hearing dates and the parties' approach. Some claims resolve after a demand or early conference; defended proceedings can take substantially longer. We explain the likely stages and update the timetable as directions are made.

Usually a successful party recovers a portion of its costs, commonly well under what was actually spent, so costs recovery should inform strategy, not drive it. Well-timed settlement offers, including offers of compromise and Calderbank offers, can significantly improve your costs position if the other side unreasonably presses on. We use them deliberately.

Urgent injunctions, freezing orders and confidentiality orders may be available in the right case, but the court expects strong evidence, full disclosure and a clear explanation of urgency. These applications are serious and can carry costs risk if brought without proper grounds. We assess whether urgent relief is justified before moving.

Preserve contracts, emails, text messages, invoices, meeting notes, file notes, board papers and financial records. Do not edit, delete or selectively forward records once a dispute is likely. A clean evidence set helps us test the claim, prepare correspondence and avoid surprises if proceedings are filed.