Commercial Disputes
Contractual disputes, breach of contract claims, misleading and deceptive conduct claims and Australian Consumer Law matters.
A Business Dispute Is Affecting Your Operations
A dispute with a customer, supplier, contractor or business partner can drain time, cash flow and attention from running your business. You need to know early what your position is worth, what it will cost to pursue, and whether the sensible route is a negotiated resolution or proceedings.
Early Assessment of Your Legal and Commercial Position
We review the contract, correspondence and conduct to identify the real issues and the realistic strength of your case, giving you a clear view of where you stand before any significant costs are incurred.
Preserving Evidence and Protecting Assets
Emails, records and conduct need to be preserved early. Where there is a risk of assets being dissipated, urgent steps may be needed before a formal claim is even filed.
How We Approach a Commercial Dispute
Rights, Remedies and Negotiation
We identify what the contract and the general law actually entitle you to claim, and aim first for a commercial outcome through negotiation or mediation, recorded properly in a deed of release.
Urgent Protective Steps
Where assets or evidence are at risk, urgent applications such as injunctions may be necessary to protect your position while the underlying dispute is resolved.
Litigation Where Needed
Where settlement is not available, proceedings may be necessary. We give clear advice on the likely costs, timeframes and risks, including the risk of an adverse costs order, before recommending this course.
Enforcing the Outcome
A settlement or judgment is only useful if it is actually paid. We advise on enforcement options where the other side does not comply.
Our process
How a matter of this kind moves from first contact to outcome.
Assess the Position
We review the contract, correspondence and conduct to identify the real issues and the strength of your case.
Strategy and Costs
We set out the realistic outcomes, likely costs and recommended approach before any money is spent on litigation.
Letter of Demand
A properly framed demand puts your position on the record and often resolves the dispute at this stage.
Negotiation
Without prejudice discussions or mediation aimed at a commercial settlement on acceptable terms.
Proceedings
Where settlement is not available, we prepare pleadings and evidence and run the matter in the appropriate court.
Resolution or Enforcement
We document the settlement, or enforce judgment where the other side does not pay.
How Shah & Co Lawyers can assist
The work below is aimed at protecting your position at every stage, from the first letter to enforcement.
Early Case Assessment
A frank view of merits, likely recovery and cost before you commit.
Letters of Demand
Demands that state the claim clearly and preserve your position.
Breach of Contract Claims
Claims and defences arising from breach, repudiation and termination.
Mediation and Negotiation
Representation at mediation and in without prejudice negotiations.
Court Proceedings
Proceedings in the Local, District and Supreme Courts of NSW.
Consumer Law Claims
Misleading and deceptive conduct and unfair contract term claims.
Common issues and risks
- Limitation periods, generally six years for contract claims in NSW, and shorter for some statutory claims.
- Adverse costs orders if a claim or defence is unsuccessful.
- Counterclaims that change the commercial value of the dispute.
- Evidence lost because emails, records or devices were not preserved early.
- Steps taken before advice, such as terminating a contract, that weaken your position.
Possible outcomes
- Payment or performance secured through a letter of demand.
- A negotiated settlement recorded in a deed of release.
- Resolution at mediation with confidentiality preserved.
- Judgment for the amount claimed, with interest and a costs order.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other commercial law services
Business Purchases and Sales
Acting for buyers and sellers in the sale of goodwill, share sales, asset sales, due diligence, transition arrangements and restraints of trade.
Learn moreCommercial Contracts
Supply agreements, services agreements, distribution agreements, agency agreements, joint ventures and confidentiality agreements.
Learn moreContract Drafting
Drafting bespoke commercial agreements that reflect how the deal actually works and protect your position if things change.
Learn moreContract Reviews
Reviewing commercial contracts before signing, flagging risk allocation issues, unfair terms and points that should be negotiated.
Learn moreShareholder Disputes
Oppression proceedings under section 232 of the Corporations Act, deadlocks, share buy-outs and exit arrangements.
Learn morePartnership Disputes
Partnership disputes, dissolution, accounting between partners and disputes over partnership property and goodwill.
Learn moreGet a clear view of your position before the dispute escalates.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.