Dispute resolution and litigation
Doing business raises inevitable risks. While companies and businesspeople usually focus their efforts on running their business, sometimes disagreements arise.
Your dispute resolution and litigation questions answered
I have a dispute. What’s the first step?
Often, a resolution can be reached through a round table discussion, or an informal mediation. If these strategies don’t work, or aren’t an option in the first place, you could have a lawyer send a legal letter of demand on your behalf. The letter should explain the resolution that you are seeking, and provide a date for a response.
What if I’ve received a legal letter?
Firstly, don’t ignore the letter! Allowing a deadline to pass without taking any action could be a quick way to end up in a costly court proceeding. You should have a lawyer prepare a detailed response setting out your position. Working with a lawyer experienced in disputes and litigation could mean that an early resolution is reached, and that you avoid very significant expenses later on.
I’ve tried unsuccessfully to negotiate. How do I go to court?
It might be time to consider court proceedings, and Clearscope Legal can guide you through the process and protect your rights. The first step is a formal court document called a “statement of claim”, and the other side will then have a few weeks to submit a “defence”. Then both sides will exchange copies of all documents relevant to the dispute, and will need to participate in a compulsory mediation. If the dispute is resolved here, a “settlement agreement” will be signed and the court process will end. However even if a settlement cannot be achieved, the parties are still allowed to try to re-negotiate all the way up to the final court hearing.
Should I settle my dispute or fight for my rights?
It depends on what the other side is offering, if anything. If nothing is being put forward, there may be no option but to see the court action through to the end. However if there is any offer on the table, it’s always wise to fully explore the possibility of a settlement. Because even if you win at court, you will usually only recover about half of your legal costs.
The Clearscope difference
We are a boutique commercial law firm based in Melbourne. Our practice is built on deep specialisation in commercial law and intellectual property, backed by many years of experience gained in private practice and senior in-house counsel roles with Australian corporate groups and international businesses.
Responsiveness
We understand the pace and pressures of commercial life. When timing matters, your instructions receive immediate priority and you are kept fully informed at every step.
Precision
We are sticklers for detail. Every document, opinion, and piece of advice is prepared with rigorous care and clarity, delivering work that is accurate, thorough, and commercially focused.
Expertise
We draw on extensive experience advising at the highest levels – both in leading law firms and as trusted in-house counsel. This combination of technical depth and genuine commercial insight drives every outcome.
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