Our law firm, Stephen Wawn & Associates, is a commercial and civil litigation law firm in Sydney that assists you in getting the outcome your desire from your current dispute.
We understand that getting embroiled in the litigation process is not a simple manner. That’s why we have made it our responsibility to always provide our clients with clear and informative legal advice when disputes arise, so you can know what to expect.
Commercial Litigation in NSW is a legal dispute involving one or several business entities. It falls under commercial law.
Commercial law in Australia is a division of civil law that encompasses a spectrum of laws regarding businesses: corporations, trade practices law, securities, deviations, finance, banking, taxation, trade practices and consumer law.
Our commercial litigation lawyers in Sydney have in-depth knowledge and experience in providing legal advice and representation in the NSW Local Court.
Stephen Wawn & Associates can assist you in commercial disputes that go to court.
Navigating bankruptcy and insolvency can be overwhelming for any business owner. Our commercial litigation team specialises in this area of civil law and can help you understand your rights and obligations. We aim to protect your interests and provide effective strategies to resolve financial difficulties.
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Unpaid debts can significantly impact your business’s cash flow and financial stability. At Stephen Wawn & Associates, we offer tailored debt recovery services to help you retrieve what is rightfully yours. Our experienced team employs efficient legal methods to recover outstanding debts while maintaining professional relationships with debtors.
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Compliance with consumer law is essential for businesses that want to build trust with their customers. Our expert lawyers can assist you in understanding and complying with consumer protection laws, ensuring your business practices are fair and transparent.
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If your business deals with manufacturing or selling products, you must be aware of potential product liability issues. Our legal team is well-versed in product liability laws and can provide proactive advice to help you minimize risks and protect your business from potential lawsuits.
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Property disputes, including trespassing issues, can disrupt your business operations. Our lawyers have a deep understanding of property law and can help you enforce your rights or defend against trespassing claims.
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Facing a tribunal can be a daunting prospect. We have successfully represented numerous clients in various tribunals, and we can help you navigate these processes with confidence.
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Litigation can be time-consuming and costly. Our law firm encourages alternative dispute resolutions (ADR) when appropriate, providing you with efficient and effective options for resolving disputes outside of court.
Learn More About Alternative Dispute Resolutions
1. Pre-litigation Phase:
Before a lawsuit is filed, there is often a pre-litigation phase where parties may try to resolve the dispute through negotiation, mediation, or alternative dispute resolution methods. This phase aims to find an amicable solution and avoid the time and cost of litigation.
2. Initiating the Lawsuit:
If a resolution cannot be reached in the pre-litigation phase, the party seeking to pursue the matter in court (the plaintiff) will file a Statement of Claim outlining the allegations against the other party (the defendant). The defendant will then have an opportunity to file a formal response (Defence) to the allegations.
3. Pleadings and Exchange of Documents:
After the initial claim and defence are filed, both parties may engage in further exchanges of documents and information relevant to the case. This process is known as discovery and is intended to ensure that all parties have access to relevant evidence.
4. Court Appearances and Directions Hearings:
The court may schedule directions hearings to manage the progress of the case and set timelines for various stages, such as the exchange of evidence and expert reports. Depending on the complexity of the case, there may be several court appearances before the trial.
5. Settlement Opportunities:
Throughout the litigation process, settlement opportunities may arise. It is not uncommon for parties to reach a settlement before the trial, potentially avoiding the need for a lengthy and costly court proceeding.
6. Expert Witnesses:
In some cases, expert witnesses may be required to provide specialised knowledge or opinions on certain aspects of the dispute. They are often engaged to provide their expertise on technical, financial, or industry-specific matters.
7. Trial Preparation:
If a resolution cannot be reached, the case will proceed to trial. Both parties will need to prepare their case thoroughly, gather evidence, and determine which witnesses will be called to testify.
8. Trial and Judgment:
The trial will take place before a judge or judge and jury, depending on the nature of the case. Each party will present their arguments, call witnesses, and submit evidence. After considering all the evidence presented, the judge or jury will render a judgment.
9. Appeal:
If one party is dissatisfied with the outcome, they may have the option to appeal the decision to a higher court. However, appeals are generally limited to errors of law or procedural issues, rather than re-evaluating the evidence.
10. Cost Considerations:
Commercial litigation can be expensive due to legal fees, expert witness fees, court costs, and other related expenses. It’s crucial to be aware of the potential costs involved and to discuss fee arrangements with your legal representation.
It’s important to remember that each commercial litigation case is unique, and the process can vary depending on the specifics of the dispute. If you find yourself involved in commercial litigation, it’s advisable to seek the assistance of a skilled commercial litigation lawyer in NSW who can guide you through the process and advocate for your interests.
Learn more about how our lawyers can assist you in matters pertaining to commercial civil law.
If you are struggling to resolve a commercial dispute, contact our commercial litigation lawyers at (02) 9328 1000 to freely discuss your matter.
As highly experienced legal professionals with 80 years combined in the courts, providing legal advice, and working out alternative dispute resolutions, we understand that you are placing a lot of trust in who represents you. That is why you’re under no obligation to go through with us from the start, we want you to be comfortable with your commercial litigation lawyer.
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We’re happy to talk to you on video call, over the phone or face to face in our Sydney office.
If you need any help, please feel free to contact us. We will get back to you. Or if in hurry, just call us now.
office@stephenwawn.com.au Mon – Fri 09:00-17:00
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No part of these notes can be regarded as legal advice. Although all care has been taken in preparing all notes, readers must not alter their position or refrain from doing so in reliance on any of these notes. Stephen Wawn & Associates do not accept or undertake any duty of care to readers relating to any of these notes. All inquiries should be directed to Stephen Wawn & Associates.
