A commercial or civil dispute can place your finances, business operations, and important professional relationships at risk. Obtaining clear legal advice early can help you understand your position, know your options, protect your rights, and make informed decisions before the dispute escalates and causes significant stress to the parties involved.
Hassall’s Litigation Services provides strategic advice and legal representation to individuals, business owners and companies involved in disputes across Melbourne and Victoria.
Our team of experienced litigation lawyers will assess the legal and commercial issues involved, explain the options available and develop a resolution strategy aligned with your objectives.
Where possible, we seek to resolve disputes efficiently through direct negotiation, mediation and other forms of alternative dispute resolution. Where court or tribunal proceedings are necessary, we provide experienced representation, guide you through each stage of the litigation process and explain your options.
If a dispute is already escalating, or you have received formal legal documents, contact Hassall’s promptly to discuss the appropriate next step for your circumstances.
Commercial and Civil Disputes We Assist With
The first step is determining whether the dispute falls within Hassall’s areas of experience and what legal or commercial interests are at risk.
No two disputes are identical. The appropriate strategy will depend on the terms of any agreement, the available evidence, the conduct of the parties and the outcome you are seeking.
Our Melbourne litigation and dispute resolution lawyers can assist with matters including the following.
Commercial and Contract Disputes
Contract disputes can arise when one party fails to perform an obligation, disputes the meaning of a term or seeks to terminate a commercial relationship.
Hassall’s advises clients in relation to:
- Breaches of contract
- Contract interpretation
- Termination and repudiation
- Failure to provide goods or services as agreed
- Payment and performance disputes
- Enforcement of contractual rights
- Disputes arising from commercial agreements
- Claims for financial loss or damage
We examine the agreement, correspondence and surrounding circumstances before advising on your rights, options, risks and available remedies.
Learn more about our Commercial Law services.
Shareholder, Director and Partnership Disputes
Disagreements between business owners can affect decision-making, cash flow and the future of the business itself.
Hassall’s assists with disputes involving:
- Shareholders and unitholders
- Company directors
- Business partners
- Management and control of a company
- Alleged breaches of shareholder or partnership agreements
- Access to business records and financial information
- Profit distributions and financial management
- Business exits and ownership changes
- Breakdown of trust between business owners
- Oppression claims
- Derivative actions
- Alleged breaches of directors’ duties
- Disputes arising from the sale or purchase of a business
Early advice can help clarify the parties’ legal rights and determine whether the matter can be resolved commercially before positions become entrenched.
Misleading or Deceptive Conduct and Consumer Law Disputes
Businesses and individuals may have legal options where they have relied on inaccurate representations or where another party’s conduct has caused financial loss.
Hassall’s advises on disputes involving alleged misleading or deceptive conduct, contractual representations and obligations arising under Australian consumer law.
Commercial and Retail Leasing Disputes
Disputes between landlords and tenants can arise over the interpretation of a lease, payment obligations, repairs, maintenance, permitted use, rent reviews, defaults or termination.
Our lawyers can assess the lease and relevant correspondence, advise on the parties’ rights, options and obligations, and assist with negotiation, mediation or legal proceedings where required.
Property Disputes
Property disputes can involve significant financial costs and may become more difficult to resolve if action is delayed.
Hassall’s advises on a range of residential and commercial property disputes, including matters involving:
- Co-ownership disputes
- Adverse possession
- Easements
- Restrictive covenants
- Property rights and obligations
- Planning objections and disputes
- Owners corporation matters
Learn more about our Property and Owners Corporation Disputes.
Building and Construction Disputes
Building and construction disputes can involve defective work, water leaks, delays, contract variations, payment issues, incomplete work or disagreements about contractual responsibilities.
Hassall’s has longstanding experience in domestic building disputes. Where building defects are involved, we regularly assist clients through the VCAT process in working towards resolution.
We also assist clients with building contract disputes, including disagreements about variations, and help owners, builders and other parties understand their rights and pursue an appropriate resolution.
Learn more about how we assist with Domestic Building Disputes.
When Should You Contact a Litigation Lawyer?
Whatever the nature of your dispute, timing can significantly affect the options available and your ability to protect your position.
It is generally better to obtain advice before a dispute reaches a crisis point. Early legal guidance may give you more options, reduce avoidable risk and help you communicate with the other party from a clearer position.
Consider speaking with a litigation lawyer when:
- You have received a letter of demand, breach notice or legal correspondence
- You have been served with court or tribunal documents
- Another party has failed to comply with a contract
- Negotiations have stalled, or communications have broken down
- A shareholder, director or business partner dispute is affecting operations
- You believe you have suffered financial loss because of another party’s conduct
- You are considering terminating a contract or commercial relationship
- You are being threatened with legal proceedings
- Important evidence, documents or assets may be at risk
- You are considering a settlement and need advice about its consequences
Strict time limits can apply to legal claims and responses. The relevant deadline will depend on the nature of the matter and any documents you have received.
How Hassall’s Approaches Litigation and Dispute Resolution
Once the immediate risks and objectives are understood, Hassall’s develops a tailored strategy suited to the circumstances rather than applying the same approach to every dispute.
Effective dispute resolution requires more than identifying a legal issue. We consider the strength of your position, the available evidence, the likely costs and risks, and the outcome that matters most to you.
1. Assessing Your Position
We begin by reviewing the circumstances of the dispute, the relevant agreements, correspondence and supporting documents.
We identify the key legal and factual issues and explain the strengths, weaknesses and risks involved in your position.
2. Defining Your Objectives
The best legal result will not be the same for every client because circumstances differ. You may want to:
- Recover a financial loss
- Enforce an agreement
- Defend a claim
- Preserve a commercial relationship
- Exit a business arrangement
- Prevent further loss or damage
- Protect property or business assets
- Resolve the matter without prolonged legal proceedings
Understanding your priorities allows us to recommend a strategy suited to the outcome you are seeking.
3. Developing a Resolution Strategy
We explain the practical options available, which may include:
- Direct negotiation
- Formal legal correspondence
- Mediation
- Other alternative dispute resolution processes
- Court or tribunal proceedings
- A negotiated settlement incorporating appropriate protections
The most appropriate pathway will depend on the urgency, complexity, value and commercial context of the dispute.
4. Negotiation and Mediation
The fact is that many disputes can be resolved without a final court hearing where the parties are willing to explore an alternative resolution.
Negotiation or mediation may provide greater flexibility, privacy and control over the outcome. These processes can also reduce the time, cost and disruption associated with prolonged litigation.
We prepare carefully for settlement discussions and advise you on the legal and commercial consequences of any proposed resolution.
5. Court and Tribunal Proceedings
When proceedings are necessary, Hassall’s prepares and advances your matter strategically. This may involve:
- Considering settlement offers
- Responding to claims
- Reviewing and gathering evidence
- Preparing affidavits or witness statements
- Managing procedural requirements
- Briefing barristers
- Engaging appropriate expert witnesses
- Participating in interlocutory hearings
- Preparing for mediation or trial
- Representing your interests throughout the matter
Hassall’s regularly acts in:
Magistrates’ Court of Victoria
County Court of Victoria
Supreme Court of Victoria
Victorian Civil and Administrative Tribunal (VCAT)
6. Clear Advice Throughout Your Matter
Litigation can involve uncertainty and important decisions that can easily become daunting for all parties involved. We want to make the process as simple as possible for you and all our clients.
We explain developments in clear language, keep you informed about your available options, and clearly discuss costs and risks as the matter progresses.
Our aim is to help you make considered decisions at every stage of your matter.
Litigation Experience You Can Rely On
Delivering this kind of strategic guidance requires experience across both contested proceedings and the commercial issues underlying them.
Hassall’s Litigation Services brings together decades of experience across litigation, commercial law, property and building disputes.
Principal Michelle Cupples has more than 15 years’ experience as a litigation, property and commercial lawyer. Her experience includes work in suburban and top-tier law firms and State Government.
The firm’s litigation experience includes matters involving:
- Enforcement of rights under Contracts of Sale of Land
- Commercial and retail landlord and tenant disputes
- Domestic building disputes
- Commercial building disputes
- Disputes about insurance claims and proposed payouts
Hassall’s commonly represents commercial and retail landlords and tenants, owners’ corporations, builders and trades, and business people. Depending on the matter, the firm acts for applicants or plaintiffs as well as respondents or defendants.
This combination of litigation and commercial experience allows Hassall’s to consider both the legal issues and the practical consequences of a dispute.
Examples of Complex or High-Value Disputes
Examples of matters Hassall’s has assisted with include:
- Assisted a client with the settlement of a long–running court case about termination and breach of contract of sale of land for the development of the land for commercial purposes.
- Successfully assisted a client with a town planning application through the VCAT process for the removal of a restrictive covenant which allowed the client’s development to proceed.
- Assisted a client with settling a dispute about termination of an employee’s employment, reaching agreement on a commercial settlement early and so the client could move on with running their own business.
Representative Matter: Early Advice and Negotiation
- Assisted a client with a dispute about an insurance claim and the proposed payout. Early intervention and advice, and examination of the issues and negotiations with the insurer led to the client receiving a larger payout than initially anticipated.
Why Engage Hassall’s Litigation Services?
Our litigation and dispute resolution experience is supported by a practical and personal approach designed to help clients make informed and proportionate decisions. We are a boutique law firm and can give more personalised service.
Strategic Rather Than Reactive Advice
We assess the broader context of your dispute and recommend a course of action based on your legal position, available options, commercial priorities and tolerance for risk.
An Emphasis on Early Resolution
Court proceedings are not automatically the best first step.
We consider whether negotiation, mediation or another resolution process can achieve an appropriate result before your dispute escalates.
Experienced, Personal Service
As a well-established boutique Melbourne law firm, Hassall’s provides direct, responsive advice and takes the time to understand the circumstances behind the dispute.
Commercially Proportionate Decisions
We help you weigh the potential benefit of each step against the likely time, cost and risk involved.
Litigation Supported by Related Legal Experience
Our experience across commercial law, property and building disputes helps us identify issues that may be missed when a dispute is considered in isolation.
Frequently Asked Questions (FAQs)
A litigation lawyer advises and represents clients involved in legal disputes. This can include assessing the strength of a claim or defence, reviewing evidence, corresponding with the other party, negotiating a settlement, participating in mediation and conducting court or tribunal proceedings. A litigation lawyer should also help you understand the commercial risks, costs and possible outcomes before major decisions are made.
You should seek advice as soon as you become aware of a serious dispute or receive formal legal correspondence. Prompt advice is particularly important if you have received a letter of demand, breach notice, court documents or a tribunal application, as response deadlines may apply. Failure to comply with the deadlines can result in the dispute being escalated, which may result in additional costs and penalties. You may also miss the opportunity to defend the claims being made against you. Obtaining advice early may also improve the prospects of resolving the matter before proceedings become necessary.
Many commercial disputes are resolved through negotiation, mediation or another form of alternative dispute resolution. Whether this is appropriate will depend on the parties’ positions, the available evidence, the urgency of the matter and whether a commercially acceptable resolution can be reached. Where settlement is not possible, or urgent legal protection is required, court or tribunal proceedings may be necessary.
Bring any documents that help explain the dispute, including:
Contracts or agreements
Letters of demand or legal notices
Court or tribunal documents
Emails, letters and text messages
Invoices, payment records or financial documents
Meeting notes
Photographs or reports
A timeline of significant events
Details of previous settlement discussions
Organising the documents chronologically can help your lawyer assess the matter more efficiently.
During the initial consultation, the lawyer will ask about the background to the dispute, review the most important documents, and discuss the outcome you are seeking. You may receive preliminary advice about your legal position, immediate risks, possible resolution pathways, and the information needed to assess the matter further. The precise advice available at the first meeting will depend on the complexity of the dispute and the documents provided.
The duration of litigation varies considerably. It may depend on the complexity of the issues, the number of parties, the court or tribunal involved, the evidence required and whether the parties are willing to negotiate.
Some disputes resolve through early negotiations or mediation. Others continue through interlocutory steps (temporary) and a final hearing. Hassall’s will discuss the likely stages of your matter and update you as it progresses.
The cost will depend on the complexity and value of the dispute, the amount of evidence involved, the steps required and whether the matter resolves early or proceeds to a hearing. Before substantial work begins, Hassall’s will explain the proposed scope of work and the applicable cost arrangements. We continue to discuss proportionality, risks and costs as the matter develops.
Hassall’s represents clients in relevant Victorian courts and the Victorian Civil and Administrative Tribunal where appropriate. The correct jurisdiction depends on the type and value of the dispute and the legal remedy being sought. We work across: Magistrates’ Court of Victoria, County Court of Victoria, Supreme Court of Victoria and Victorian Civil and Administrative Tribunal.
Discuss Your Dispute with Hassall’s
If you are facing an actual or potential dispute, obtaining advice early can help you understand your rights, know your options, manage risk and determine the most appropriate way forward. Contact Hassall’s Litigation Services Today to arrange a Consultation with an Experienced Melbourne Litigation Lawyer. Alternatively, fill out the enquiry form below.
Hassall’s offers in-person consultations as well as telephone and video consultations.
Phone: (03) 9555 7233
Email: admin@hls.net.au
