A commercial litigation lawyer Sydney can help in the field of business or corporate law. These lawyers typically focus on laws that handle commerce, trade, sales, and merchandising. They can also provide legal advice to clients who want to achieve commercial transactions or commercial litigation.
The Corporations Act of 2001 governs Australian commercial law which outlines the legal requirements for the organisation of companies. This Act also provides details that helps companies conduct internal interactions, as well as interactions with other organisations. The Australian Securities and Investments Commission is responsible for enforcing this law. A commercial lawyer in Sydney typically handles the following:
- Contract Law
- Intellectual Property Law
- Data protection law
- Employment Law
- Corporate Law
An experienced commercial litigation lawyer in Sydney is responsible for handling paperwork and achieving solutions for their disputed clients. This article will discuss commercial litigation and the role of a commercial litigation lawyer in Sydney.
What is Litigation?
Litigation is the legal way of resolving conflicts through the courts. Generally, litigation is a way for parties to protect or enforce their legal rights against another party. The term “litigation” is frequently used interchangeably with the word “lawsuit”.
However, a lawsuit is typically just one aspect of a litigation matter. In fact, there are numerous alternative actions that are used to defend a party’s legal rights before, during, or after a lawsuit. Litigation adheres to a set of rules despite its complex and expensive nature.
In general, one party must file a statement of claim or an originating process. Only then will the matter escalate through the courts or tribunal process. There are factors that determine whether a litigation case is heard in a court or tribunal. These are the:
- Proposed cause of action;
- Relevant statutes; and
- Monetary thresholds applicable to courts and tribunals in each state or country.
Additionally, civil litigation is a legal disagreement between parties that seek resolution instead of criminal sanctions. The anticipated results are either monetary or tackle the form of a court order that benefits the litigants.
Conflicts between two or more legal entities are the main causes of civil litigation. People, organisations, or a combination of both are involved in civil litigation procedures. With all of the legal implications on the line, entities should seek a commercial litigation lawyer in Sydney.
Commercial Litigation Lawyer Sydney: The Litigation Process
1. UNDERSTANDING
Firstly, litigants must comprehend their goals, limitations, and available resources. They must also comprehend the main disputed facts and issues. Litigants should try to comprehend the goals and claims of all other parties involved. Skipping this step will likely result in unsuccessful and expensive results.
2. ASSESSMENT
This step aims to translate complaints into legal resolutions through:
- Identifying legal issues;
- Evaluating risks and obstacles; and
- Coming up with plans to improve and achieve favourable results.
3. ARTICULATION AND DISCLOSURE
This phase’s goal is to ensure that all parties are able to comprehend each other’s position. Parties will need to understand, persuade, and disclose any facts to make knowledgeable resolutions. A commercial litigation lawyer in Sydney can help in making these knowledgeable decisions.
4. NEGOTIATION
Then, in this phase, parties will make reasonable and knowledgeable decisions through negotiations. The goal of this step is to ensure litigants are in a position to make business decisions that adequately balances their goals. These goals may, however, involve risks and costs. This is a vital and ongoing phase during a commercial dispute.
5. DETERMINATION
At this point, litigants are asking a court, tribunal, or arbitrator to make a decision. Planning, preparation, and execution are key throughout this phase if litigants want the best result. The effectiveness of all prior phases will determine how successful this phase is.
It should represent the integration and conclusion of the work completed at each earlier step, not duplication and recasting. The goal of every stage of the litigation process is to efficiently position for the decision phase.
6. POST DETERMINATION
Finally, this stage deals with the:
- Fallout from judgements
- Costs associated with enforcement; and
- Lessons learnt to help prevent or better prepare for future disputes.
Which Qualities Should a Commercial Lawyer in Sydney Possess?
A good commercial litigation lawyer in Sydney should have the ability to work well with others. It involves more than just getting along with others, but being able to function in a setting where they collaborate with other lawyers. A commercial litigation lawyer in Sydney should focus on the ultimate result and anything that goes beyond each person’s individual contributions.
Lawyers with strong collaboration skills are able to see others’ needs and work with others to bring out the best in each other. Every commercial attorney needs to be emotionally intelligent. Empathy grounds a lawyer even though they are trained to disengage emotionally from the issues they handle in corporate law.
Lawyers who have a personal connection in their work can clearly explain the case and succeed with their clients. A commercial litigation lawyer in Sydney needs to have the financial literacy to handle business transactions. These lawyers may find difficulty in certain situations unless they are familiar with terminologies and surrounding circumstances.
They might need knowledge about managing the company, paying taxes, and figuring out profit margins while addressing business cases. Whatever the type of case, hiring a commercial lawyer is beneficial for a company or an individual. Furthermore, these lawyers have the experience to make a difference in businesses and perform litigation professionally.
Our Commercial Lawyers at JB Solicitors
Whether it’s litigation or starting out a business, it’s important to hire a qualified professional for the job. JB Solicitors has commercial litigation lawyers that can aid in the litigation process and protect litigants’ best interests. We can also help litigants in managing and listing their objectives to ensure successful litigation processes.
Are you looking to start a business or a company? Our commercial law subscription model can aid you with the requirements of starting a company. Some of these requirements may include complying with relevant laws and regulations. With our legal advice, we can also prevent any potential litigation proceedings in the future.
Message us and hire a commercial lawyer Sydney today.
