Litigation & Disputes
Commercial disputes, resolved commercially
Litigation is a means, not an outcome. We start from what the dispute is worth, what it costs in time and attention as well as fees, and whether a court is genuinely the best route to the result you want.
Since 2013 · Minerva Law
162
Disputes resolved at mediation
399
Business sale & acquisition transactions
584
Lease matters negotiated
What we do
The disputes we run
Commercial disputes, in the Victorian and Federal courts and tribunals, and at mediation wherever mediation can do the job.
01
Contract disputes
Enforcement and defence
Recovery of payment, enforcement of obligations, termination disputes and damages claims arising out of commercial contracts, supply arrangements and services agreements.
02
Business and partnership disputes
When the people fall out
Disputes between directors, shareholders and partners, commonly about exit, valuation, contribution and control. Oppression claims, deadlock, and the mechanics of getting one party out without destroying the business.
03
Franchise disputes
A specialist subset
Breach, termination, territory, supply, misleading conduct and restraint claims within franchise systems, and mediation under the Franchising Code.
04
Leasing and property disputes
Landlord and tenant
Rent and outgoings disputes, make-good claims, retail lease disputes at VCAT, and disputes about assignment and options to renew.
05
Aviation disputes
A narrow field we work in
Disputes arising in aviation: leasing and finance, maintenance and repair, cargo, and liability arising from incidents.
06
Mediation and ADR
Usually the better answer
Most commercial disputes should not reach a courtroom. We prepare properly for mediation and, separately, Tsungai is engaged as an accredited mediator by other firms.
How we run a dispute
Four things, in this order
01
Position and exposure
What the documents allow, what the evidence supports, and what each realistic outcome is worth, before any letter goes out.
02
Strategy and cost
A plan with a cost attached, including the cost of doing nothing. Where the economics do not justify the fight, we say so.
03
Execute, and reassess
Run the plan, and revisit it when the facts move. Positions taken for their own sake are how disputes become expensive.
Client feedback
Voices of excellence
Live rating and reviews from the firm’s Google Business Profile.
Common questions
Dispute questions, answered
Should I sue, or settle?
That is a commercial calculation, not a legal one: the value of the claim, the probability of success, the recoverable costs, the time, and what the dispute is costing you in attention. We give you those numbers before you decide.
How long does commercial litigation take?
Longer than most clients expect, commonly a year or more to hearing in the Victorian courts, and considerably longer for complex matters. Mediated resolutions typically take weeks to months.
Will I recover my legal costs if I win?
Usually only part of them. Costs orders are made on a scale that rarely matches what was actually spent, and recovery depends on the other side being able to pay.
Which courts do you appear in?
The Victorian courts and tribunals and the Federal jurisdiction, including VCAT for retail lease and smaller commercial matters.
Also relevant
Related services
Related reading
On disputes
Articles and briefings from the firm on this area. Plain English, no lecture.
Next step
In a commercial dispute?
The first conversation is about what it is worth and what it will cost, not about whether you have a case. Initial consultation is complimentary.