Commercial litigation Sydney exists for business disputes. Due to its complexity, commercial litigation in Sydney will require proper legal advice. Litigation is the process of conducting legal proceedings before a court.
While this is a time-consuming procedure, commercial litigation in Sydney should still achieve the best outcomes. Depending on the type and gravity of the dispute, commercial litigation Sydney can take months or years to resolve. This article will discuss commercial litigation in Sydney.
Commercial Litigation Sydney and Civil Litigation
Commercial litigation Sydney is closely related to civil litigation. Civil litigation is a kind of legal proceeding that does not involve criminal charges. Additionally, some issues that fall under civil litigation are probate law, personal injury, family law, and contract law. A lawyer handles these types of litigation by:
- Pursuing discovery, research, investigation, and fact-finding;
- Resolving legal matters for a client;
- Researching the law to determine if there are breaches or liabilities;
- Drafting letters, settlements, negotiations, and/or suits; and
- Participating in pre-trial and post-trial motions and paperwork.
Contracts are agreements that set out terms and conditions for specific needs. Anyone who has worked for a company might have signed a contract. Essentially, contracts also exist for property exchanges.
Businesses or individuals failing to fulfil a contract’s terms and conditions may be engaging in breach of contract. While other parties may seek damages and losses resulting from the breach and may terminate the contract.
Commercial Litigation Sydney: Disputes Under Building And Construction Law
This section includes disputes between interests in lands or personal property. Still, contracts are involved in property disputes. Property disputes may arise from disagreements over property boundaries, construction repairs, blocked views, rights, zoning issues, and property damage.
There are several people that are involved in a property dispute such as:
- Property visitors and trespassers
- Family members
- Homeowners’ associations
- Government agencies
Purchasing real estate will involve contracts and legal documents. The landlord will be responsible in making repairs and allowing tenants to use a property. Tenants, on the other hand, will pay rent on time and follow the landlord’s guidelines.
Also, homebuyers will agree to a property’s sale price in exchange for rights over the property. Anyone showing non-compliance within these agreements may enter into a property dispute. The suffering party can pursue damages for losses and may impose penalties. Real estate fraud can also happen in any industry.
Sellers may present false reports and advertisements to a buyer that cause damage and injury to a buyer. This is called real estate fraud. Boundary disputes can happen between neighbouring houses. For example, a homeowner building a fence over the boundary line of the neighbouring house.
More than one person can own a property. Co-tenants and partners disagreeing on property decisions may result in a co-owner dispute. For instance, a co-owner may pay more than their share of the property’s expenses.
Competition and Consumer Law
Commercial litigation in Sydney can assist in competition and consumer law disputes. The Australian Consumer Law aims to promote fairness and competition between businesses and protects consumers. The Law also covers actions for fraudulent or misleading behaviour, immoral behaviour, unfair contract conditions, and breach of consumer warranties.
Debt Recovery and Insolvency
Debt collection occurs when a debt – such as a credit card amount – remains unpaid. Importantly, debt recovery immediately affects the credit score. A debt collection service contacting a person indicates there is a record showing they have delayed paying back a loan and now have missed payments.
Hence, these missed payments are reported to credit agencies, lowering their credit score and perhaps risking future possibilities to obtain loans. When the debt reaches the collection agency, the creditor will provide the debt collector with the claim information and supporting paperwork.
This contains information concerning the debtor’s failure to pay in accordance with the agreement’s conditions. The debt collecting service then reviews and accepts the claim. Finally, the recovery procedure begins with the debtor receiving a demand letter and the customer receiving an acknowledgement letter.
Intellectual Property Disputes
Intellectual property disputes involve trademarks, copyrights and designs. This might be a business’s most valuable asset as it represents its identity and character. A classic case in Australia is “The Battle of the Ugg Bot”. The American company Deckers Outdoor Corporation owns the iconic brand UGG. However, the term ‘ugg’ is not recognised in Australia because it was too generic.
Deckers have been protecting their trademarks against Australian companies from exporting their local ‘ugg’ boots. Hence, after several filed lawsuits, Australian Leather reported that they have lost $20 million by not being able to sell its ugg boots overseas.
Corporation disputes are on a much higher level as it involves the governance and management of companies. Profit distribution and shareholders all play a big factor in corporation disputes. Essentially, it will require a court’s input to resolve a corporation dispute.
How We Handle Commercial Litigation In Sydney
Firstly, starting a business or managing a corporation can be daunting without the help of a commercial litigation lawyer. A business owner can’t start by focusing on his/her products or services without navigating the possible legal setbacks. Hence, hiring a commercial litigation lawyer will be beneficial for business owners.
Our commercial litigation lawyers in JB Solicitors can help you define your business’s legal structure. This is what you typically see with companies ending in LLC, Corp, etc. Essentially, this is a good start for business owners. Next, we can review agreements that will protect your best interests for your business and prevent contract breaches.
Essentially, contracts and other relevant documents play a big role in starting or managing a business. Courts will often need legally binding contracts between entities from businesses and companies. Partnerships may also result in a breakdown and can get stressful and confusing.
As a result, we provide civil dispute and litigation services even for businesses in Sydney. Also, small or large businesses can view our commercial law services subscription model for further legal advice.
Contact our lawyers today for commercial litigation in Sydney matters.