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Velocity Legal

Level 43, 80 Collins Street, North Tower, Melbourne VIC 3000

Level 10, 580 George Street, Sydney NSW 2000

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Comprehensive Litigation & Dispute Resolution

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Disputes require decisive action. We provide strategic legal advice so that you can make the right decisions and move forward with confidence.

Disputes are an inevitable part of life. We help you to navigate them by providing clear, strategic and practical advice.

We assist with:

  • dispute resolution;
  • litigation and Court proceedings; and
  • alternative dispute resolution (e.g. mediation).

Examples of the types of disputes we manage include:

Approach

Our usual approach is to:

  • provide a clear and transparent quote;
  • develop a strategic plan based on your unique situation and objectives;
  • work tirelessly to achieve your desired outcome; and
  • regularly provide updates regarding our progress.

We tailor our approach depending on the nature of the dispute. Some disputes require collaboration and amicable commercial discussions. Others require a tenacious and robust approach. Whatever is required, we will adjust our approach to deliver results.

What is Commercial Litigation and How Could it Put My Business at Risk?

Setting up and maintaining a business is a great way to make money and work on your terms; however, it’s not always smooth sailing. Occasionally disputes occur, and you don’t always have time to prepare for them, especially when your plate is full. Read More

Commercial litigation involves two or more parties who are engaged in a business-related dispute and are taking legal action in an attempt to find a solution. Examples of disputes include:

  • Disagreements over contractual obligations.

If you enter into a contract with someone and they then go on to breach a clause in it, you may have a legal claim worth pursuing. The breach might include not supplying goods or services to you at an appropriate standard, failing to meet timing requirements or otherwise not doing what they promised.

  • Disagreements with business partners.

If you have a disagreement with your business partner (e.g. in relation to the direction of the business), legal action may be the best way of resolving it.

  • Passing off another business or individual’s intellectual property as your own.

Recently there’s been a spate of artists in the music industry who have taken legal action against fellow musicians and songwriters, claiming that they’ve ripped off their chart-topping hit. It can happen in commercial businesses too hence, the need for commercial litigation lawyers. If a competitor makes an exact replica of your product and starts selling it and making a profit, you might choose to take them to court.

What are the Benefits of Working with a Business Litigations Lawyer?

It’s not advisable to enter into a legal dispute without seeking advice and representation from a business litigation lawyer. If you were to end up going to court without one, you’ll struggle to make your case heard and could be on the receiving end of costly bills and potentially have to shut down the business you’ve worked hard to build. Our team of experts can help offer advice and be your voice in court during business dispute mediation so you don’t say or do anything that could cause further damage.

If you choose to work with a business dispute solicitor at Velocity Legal, they will take the time to understand how your business operates and what you would like to gain from any commercial litigation. Book a consultation with us today, and let’s get you back to business as normal as quickly as possible. Read Less

Contact

Fill in the form and someone from our team will be in contact shortly.

When can mediation be used for a business dispute? Can I force someone to attend a mediation?

Some business disputes have mediation as a mandatory stage in the dispute resolution process. For example, mediation is often a mandatory step in disputes between owners of a business before the matter can proceed to a formal Court hearing.

Other business disputes do not have a mandatory mediation as a part of the dispute resolution process. For these disputes, mediation can nevertheless be requested even though it is not mandatory.

Please contact us if you need assistance working out whether you can compel someone else to attend a mediation.

What if the business dispute isn’t resolved at mediation?

The best next step after mediation will depend heavily on:

  • the strength of your legal position;
  • the nature of the business dispute;
  • your unique pressure points, including any urgency to resolve the dispute;
  • whether the mediation came close to resolving the business dispute or not; and
  • other factors relevant to the dispute.

If the business dispute is not resolved at mediation, we can assist you to strategically plan the next steps.

What is business dispute mediation?

Mediation is a form of alternative dispute resolution. It involves an expert mediator facilitating discussions between the parties who are involved in the business dispute. It usually costs less and is less formal than Court.

Can I force my business partner to exit? Can my business partner force me out?

The ability to force out a co-owner depends on the relevant legal landscape that governs the relationship.

The documents that regulate the relationship between the co-owners (e.g. the Shareholders Agreement and Company Constitution) are key aspects of the legal landscape. The terms of these documents can be vastly different from situation to situation. Some of these documents provide a clear forced exit process, others do not. Looking at these documents is usually a sensible first port of call to understand what is and what isn’t possible.

If the documents governing the relationship between the co-owners do not contain a forced exit process, a forced exit can potentially be achieved with the assistance of the Court (e.g. via a winding up or oppression proceedings).

Alternatively, you can seek to negotiate a mutually agreed exit on appropriate terms. Some of the exit methods include:

  • an agreed sale of shares for a fair price;
  • a company buy-back of shares; and
  • a sale of the entire business to a third party.

We recommend obtaining tailored advice so that you can understand your legal position and strategic options.

How do you charge?

Trust is one of our core values. We pride ourselves on not causing 'bill shock'. Our usual approach is to provide you with a clear and transparent fee quote to ensure that there are no surprises. You can then make an informed decision about whether you want to proceed or not.

Do I have to go to Court?

Achieving a mutually agreed outcome outside of Court is usually the first port of call. If that is not possible, seeking the assistance of the Court may be an available option.

When should I get a lawyer involved?

Time is usually of the essence with disputes. We have seen situations in the past where issues have been caused due to clients coming to us too late after the dispute originally arose. So, it is usually sensible to get in touch with a lawyer once the dispute arises.

Team
Jess Hill

Jess Hill

Director

Seamus Ryan

Seamus Ryan

Director

Sascha Kenny

Sascha Kenny

Senior Associate

Daniel Urbans

Daniel Urbans

Associate

Leo Crnogorcevic

Leo Crnogorcevic

Law Graduate

Amy Debelak

Amy Debelak

Paralegal

Ben Kievit

Ben Kievit

Law Clerk