Litigation Attorneys in Australia: Commercial Disputes

Information on the aspects of litigation cases in Australia can be provided by our team of company formation agents in Australia with the help of our local lawyers. Our team is comprised of litigation attorneys in Australia who have the necessary legal expertise to resolve any cases.

Can your team offer litigation assistance?

Yes, our team of litigation attorneys in Australia can assist clients in litigation cases. We are specialized in providing legal services to corporate clients, in matters such as:

commercial litigation;
shareholders disputes;
breanch of contracts;
debt recovery;
international litigation;
any other dispute that can appear in corporate environments.

Quick Facts
What is litigation?	Litigation refers to the legal procedure through which a dispute is brought in front of a court.
Types of litigation	– corporate, – commercial, – civil, – criminal
Responsible courts	At state/territorial levels there are local, district, supreme courts and courts of appeal. At a national level, Australia has Federal courts.
Right to appeal (yes/no)	Yes
Key elements of a trial	– the evidence provided by the two parties involved in the case, – the allegations brought by a party, – witnesses testimony, – cross-examination, – ruling, – appeal (if necessary), – enforcement
International litigation (yes/no)	Yes
Recognition of foreign litigation judgements	Certain foreign litigation rulings can be recognized and enforced in Australia as per the rules of the Foreign Judgments Act 1991 and the Foreign Judgments Regulations 1992.
Legal framework for cross-border litigation	The Hague Evidence Convention 1970, which is applied in civil and commercial matters.
What are the out-of-court options?	Mediation and arbitration
Duration of the proceedings	At least 12 to 18 months
Limitation periods	It depends on the territory and the type of litigation (it can vary from 1 to 6 years).
How do courts establish the jurisdiction over a case?	Based on the nature of the case, the claims and the geographical location/residency.
Are litigation cases public?	Yes. It must be noted that the general public can have access to litigation cases, therefore it is best to request the services of our litigation attorneys in Australia, who can offer professional legal representation.
Is it mandatory to appoint a legal representative in litigation?	No, individuals have the right to represent themselves in front of courts. However, this is not recommended, given that that it is important to have in-depth knowledge on the law and the legal system in order to increase the chances of winning a trial (it is always advisable to be represented by litigation attorneys in Australia).
Can Australian authorities initiate legal investigations against businesses?	Yes, authorities such as the Australian Securities & Investments Commission, the Australian Competition and Consumer Commission, the Australian Prudential Regulation Authority can start legal investigations against businesses operating in this country, provided that unlawful beheviour is observed. Our litigation attorneys in Australia can offer assistance in corporate matters.

What is the court structure in Australia?

The Supreme Court of each state/territory is the highest court of that jurisdiction (below the High Court of Australia)that deals with commercial claims in the first instance, mostly large commercial disputes. The monetary claims are dealt with the Courts of Appeal which have supervisory and appellate jurisdiction in Australia. As for the inferior courts, these are the District Courts and the Local Courts (Magistrates’ Courts as they are known).

What are the main court proceedings in a commercial dispute in Australia?

When dealing with a commercial dispute in the court of law in Australia, the proceeding starts with the presentation of the case and the claim. The following steps are linked to the proceedings in commercial cases in Australia:

complete evidence provided by the parties involved in a dispute is presented in the court;
an affidavit showing the allegations in the pleadings are true might be necessary;
a judicial relief might enforce other courts to impose a specific order;
if special particularities are met in a commercial dispute, these need to be presented in the court.

What is the law for cross-border litigations?

We remind that in the cases of cross-border litigations, the proceedings involved will respect the Hague Evidence Convention 1970. Our litigation attorneys in Australia can provide further information.

What does commercial litigation include?

Commercial litigation refers to the legal manner in which disputes arising in the business sector are resolved. Thus, if you plan to open a company in Australia, you might want to know what a commercial dispute can be under the applicable law (our consultants in company formation in Australia can provide more information). Currently, a commercial dispute can refer to:

disputes arising between shareholders;
intellectual property infringements;
breach of commercial contracts;
commercial debt recovery, etc.

Are there any alternative to litigation?

Yes. Regardless of its type, litigation can have 2 simpler alternatives (in terms of duration, costs, etc.). These are:

mediation;
arbitration.

What is mediation?

Mediation refers to an out-of-court procedure through which two parties that have a dispute can reach a mutual resolution. The mediator simply represents a third party who tries to find suitable mechanisms to settle the case, but the mediator does not have the right to impose a solution to the case.

What is arbitration?

Arbitration is also an out-of-court procedure which has the same purpose as mediation – to reach a common resolution for the 2 parties. It is recommended to address an arbitrator provided that mediation failed to provide a solution. Please mind that the arbitrator has superior rights compared to the mediator, in the sense that the solution offered is legally binding for the parties.

Are arbitrators judges?

No. While the solutions issued by the arbitrators are legally binding, it must be noted that arbitration is an out-of-court, private body, accredited to issue resolutions for specific cases (commercial, in this case). They are legal specialists (they can be retired attorneys, judges, or industry professionals) who are specialized in a specific branch of law.

Who is responsible for commercial arbitration in Australia?

Commercial disputes in Australia can be handled through arbitration where the international arbitral verdicts are applicable in this country. The arbitration in Australia is administered by bodies such as ACICA and the Australian Disputes Centre (formerly ACDC), under the supervision of the courts.

We invite you to contact our team of consultants for more details if you want to resolve a commercial dispute. Our litigation attorneys in Australia can provide the legal support you need and can offer guidance for court and out-of-court procedures. Our team has an in-depth experience in resolving litigation cases in Australian courts and can also assist in international litigation.