CharterLaw Legal Commercial Litigation        

Commercial disputes are a reality of business life. Whilst litigation can erode margins and profits and reduce business focus, if a dispute is unavoidable, then it’s important to win or resolve the litigation on commercially workable terms – and to do so in a timely manner. Issues such as your valuable time and the tax impact of the litigation on the business needs to be factored in. Litigation does not exist in a vacuum, rather it exists inside a commercial setting, must always serve a purpose and your objectives in commencing litigation must be carefully thought through. CharterLaw will assist by removing the emotional charge that often drives litigation allowing you to focus on it being an objective business decision.

Commercial Litigation Team of Lawyers
Peter McCrohon

Peter McCrohon

Commercial Litigation Director
Darrell Kake

Darrell Kake

Special Counsel, Accredited Specialist in Commercial Litigation

How you deal with a dispute can have a significant effect on your business, your personal assets and your financial situation. A wrong move can have drastic results leading to an unexpected and undesirable outcome. When disputes become litigious you need specialist lawyers who can give you the advice you need to make timely and wise decisions leading to the best result possible. Every commercial dispute is different and our expertise allows us to tailor a solution which is right for you and your situation.

Ownership Disputes

Ownership Disputes

Regardless of your business structure, the commercial stress involved in establishing and running a business can lead to disagreement. We can assist business clients to resolve shareholder disputes (oppression), disagreement between directors and director breaches, partnership and trust disputes in a commercially informed and tax aware manner.

Misrepresentation Disputes

Misrepresentation Disputes

The Australia Consumer Law (ACL) prohibits misleading and deceptive statements and conduct. Where you feel the line has been crossed, we can advise whether specific statements or conduct are actionable and recover any loss or damage you may have suffered in a commercially informed and ‘tax aware’ manner.

Contract Disputes

Contract Disputes

Written and oral contracts are unavoidable in business. An oral contract can lead to messy disputes. A dispute arising from a partnership, shareholder agreement, joint venture, licence or franchise agreement may result in the business becoming unviable. A dispute over a share or business purchase or sale contracts can be disastrous. If this occurs, the need for advice that is both commercially and tax aware is essential.

Taxation of Litigation Damages

Taxation of Litigation Damages

Most litigation lawyers are clueless about tax. All too often, litigation lawyers will conduct and settle commercial disputes/litigation in a tax vacuum. Receiving timely tax advice from one of our tax lawyers in respect of a potential or ongoing case may result in a decision not to litigate in the first place (because of the tax payable) or to litigate and settle in a legal tax effective manner.

Building and Construction Disputes

Building and Construction Disputes

Problems often occur when residential or commercial buildings are constructed, renovated, repaired or demolished. We can assist you with these problems and issues relating to the connection of services to buildings, licensing and permits, defective or negligent work, prosecution by government authorities and insurance.

Insolvency and Bankruptcy

Insolvency and Bankruptcy

We regularly assist liquidators, company directors, shareholders, debtors and creditors with the conduct of liquidations as well as the management and restructuring of debts under the Corporations Act 2001 as well as trustees in bankruptcy and financially stressed individuals in the Bankruptcy Act 1966.

Negligence by Professional Advisers

Negligence by Professional Advisers

If you receive negligence advice, recovering your loss can be time-consuming. We are experienced in recovering from negligent solicitors, accountants, tax advisers, financial planners, engineers and other professionals and can assist you with rectifying the error, receiving just compensation and getting on with business.

Trade Restraints and Intellectual Property Disputes

Trade Restraints and Intellectual Property Disputes

Trade restraints restrain former employees, business sellers and former business owners from competing with the businesses. Intellectual property includes your copyright, trademarks, knowhow, confidential information and patents. We can assess whether a trade restraint or your intellectual property rights have been breached and what action to take.

Real Estate Disputes

Real Estate Disputes

Our commercial litigation team can assist you with disputes concerning property ownership, access rights, option agreements, leasing issues, co-ownership and other disputes related to buying, selling, owning and using property in NSW.

Who is CharterLaw

CharterLaw Legal has extensive experience in dealing with businesses that find themselves out of pocket because of a commercial dispute. CharterLaw can not only protect your rights but ensure that those you do business with hold up their end of the bargain.

CharterLaw Legal is part of a professional services group that includes CharterLaw Accounting, and this gives us immediate access to chartered accountants who can become part of the litigation team to provide financial and accounting practice assistance as and when required.

This allows CharterLaw Legal to control the entire process and to maintain confidentiality, no other parties are involved apart from yourself and your CharterLaw adviser. CharterLaw Legal offers sound technical confidential and technical advice and will ensure that your rights are protected.

CharterLaw Legal has considerable commercial and business expertise which assists litigation clients as this allows us to facilitate the CharterLaw approach to litigation.

The CharterLaw approach to litigation

Litigation does not exist in a vacuum. Rather, it exists inside a commercial setting. Litigation must always serve a purpose and your objectives in commencing litigation must be carefully thought through. Whilst your case must be as thoroughly prepared as possible, you must always be prepared for the unexpected and if good business and common sense dictated a change in direction, then you must be prepared to change direction approach. One of our objectives is not just to win your case but to assist you in making informed commercial decisions – but not to make these commercial decisions for you.

You may find the “heartache” case study interesting, click here to read.

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