...

Litigation and Dispute Resolution

When you find yourself in a dispute, especially a commercial dispute, it can be stressful.

The harsh reality is that protracted commercial litigation can be costly and distracting. Even if you’re not cost-conscious, you will need to spend a lot of your time with your lawyer (much more than you want). Most of the time, you need a commercially viable outcome rather than a ‘big win’ in court.

When dealing with commercial disputes and litigations, our lawyers like to move quickly and work closely with you in order to minimise the impact on your business and costs to protect your reputation as well as your resources. TNS Lawyers is all about being strategic and delivering timely and cost-effective dispute resolutions to clients.

That being said, if a matter does become litigious, we use our technical expertise to achieve the best possible outcome for you. Most importantly, we work hard to explain the process and ensure you don’t receive any unwelcome surprises.

The TNS Lawyers team has extensive experience in running litigation not only in Melbourne but in all major Australian courts and tribunals, while also being experts in alternative dispute resolution techniques such as mediation and arbitration.

We can assist with:

  • Commercial disputes

    Commercial disputes cover just about any kind of deal between individuals and business entities. Our lawyers can help you identify dispute resolution options you can use to effectively deal with all kinds of commercial disputes involving contracts, property and leases, supply chains, intellectual property, business sales and acquisitions, and shareholders or directors.

  • Company, partnership, and trust disputes

    We offer comprehensive advice and support for disputes concerning warranty and indemnity claims, minority shareholders disputes (oppression conduct), and director's duties, to name a few.

  • Property disputes

    Our team can help you draft and implement both proactive and reactive measures so you can effectively deal with property disputes. We have the skills and resources to help you with conflicts related to purchase and sale of properties including enforcing specific performance, breach of contract issues, priority of security issues, caveat or mortgage issues, ownership issues, development issues, construction issues, etc.

  • Leasing disputes

    Our dispute lawyers are able to represent both landlords and tenants in leasing issues. We can assist you with resolving leasing disputes related to breach of contract issues, failure of disclosure issues, specific performance, and rent recovery amongst a few.

  • Automotive and manufacturer disputes

    We can help you protect your rights against dealers or manufacturers. We're well-versed in franchise law and can assist you in any franchise disputes.

  • Building and construction disputes

    We are able to represent builders, developers, subcontractors, consultants, suppliers, and homeowners in matters related to claims as well as adjudication determination. From defective building work claims to owners' corporations, our lawyers can help resolve your commercial or domestic issues as quickly as possible.

  • Priority of interest disputes

    Our lawyers can assist you with the enforcement of your security interest as well as provide good advice in disputing a registration of an interest on the Personal Property Securities Register (PPSR), or a mortgage, charge or caveat issue on your property.

  • Debt recovery

    If you have suffered financial loss in your situation, our lawyers can advise you on your legal position and assist you in recovering the debt. We can also help you make a claim or defend a claim seeking compensation for any loss or damages.

  • Acquisition, disposal or management of assets disputes

    Disputes are common with any acquisition or disposal of assets. Our team can help you with any of those disputes including breach of contract terms, acting in 'good faith' prior to completion of an agreement, specific performance and if the assets were sold at market value.

  • Insolvency and bankruptcy

    Our lawyers can represent and advise you on different insolvency and bankruptcy disputes from acting for liquidators and administrators to creditors and directors of companies in situations of a breach of directors' duties, insolvent trading claims, preference payments, and other voidable transaction claims.

If you need legal advice on a commercial dispute, connect with our dispute resolution practitioners by calling +61 3 9052 3214 or sending an email to info@tnslawyers.com.au

Frequently asked questions about litigation and dispute resolution

Alternative dispute resolution generally refers to out-of-court processes that you can enter into voluntarily or by court order in order to reach an agreement. Examples of ADR processes are mediation, arbitration, conciliation.

The duration of litigation proceedings would depend on the size and complexity of the dispute. It also often depends on how 'busy' the courts are. It's best to give us a call to see what the current situation is. Generally, to get a trial date, you're looking at over a year.

A litigator, although not necessarily a lawyer, is often one given it's the practice of litigation.

Why Choose TNS Lawyers

We are rated 4.8 stars on Trustpilot and 5 stars on Google Business Profile.

We specialise

We only do what we do best. We don’t dabble in areas that we don’t practice in every day.

We care about results

We are results-driven. People say you should focus on the journey but we disagree. We focus on the results we get for our clients.

We personalise

Ever wonder what it’s like being able to “phone a friend” and that friend happens to be your lawyer? We make sure you have a good experience with us every step of the way.

Recommended Articles

The Basics of Resolving Leasing Disputes in Victoria

In a perfect world, both landlord and tenant follow the lease agreement to a T. In reality, this is not …

Dealing with Debt: A Guide for Creditors on Insolvency

The definition of when a company goes insolvent is when it is unable to pay its debts as they fall …

man sitting at a table having a discussion with another man
A Guide to Litigation Terms You Need to Know

Legal professionals often use jargon or technical terms, so it can take a while for both clients and lawyers to …

Photo by Ricardo Esquivel: https://www.pexels.com/photo/people-along-hallway-of-concrete-building-1666667/
What is Insolvent Trading in Australian Law

In Australia, business entities and companies, are generally governed by the Corporations Act 2001 (the Act). One of the Act’s …

How Renewal of Lease Works in Victoria

When negotiating a lease, you may want the agreement to include an option to renew. With options to renew, landlords …

Ending a Tenancy: What You Need to Know About Lease Assignments

There are many reasons for a tenant to decide they want out of a lease agreement; it could be a …

Understanding Commercial Disputes and How to Resolve Them

Disputes, if not resolved quickly, often pose a threat to the continued success of a business. They can be a …

What You Need to Know About General Security Agreements

Looking to turn that business idea into a reality? Whether it’s to launch a startup or expand your existing operations, …

What Insolvency Means and How It Can Affect You

In the current economic situation, it’s not unusual for businesses to experience financial uncertainty. But what if it reaches a …

What a Binding Financial Agreement Is and How it Works

Thinking about getting married or entering into a de facto relationship? You might want to look at how you can …

How to Recover Debts Using A Statutory Demand

So, you are owed money and not sure how to go about recovering it. The first and most effective way …

Purchase Money Security Interest
Purchase Money Security Interest (PMSI) under the PPSA

Purchase money security interest (‘PMSI’) – sounds ‘perfect’, doesn’t it? Priority rules decide which secured party ranks higher (and thus …

statement of claim
Proceeding Commenced by Writ: What to Do When Served with a Statement of Claim

A statement of claim is the initial document, filed with a Court by a party making a claim (the Plaintiff) …

How to Remove a Caveat in Victoria

What is a caveat? Generally, a caveat’s purpose is to advise prospective buyers that a third party (a caveator) might …

The Minority Oppression Remedy

Company law historically relies on the principle of majority rule. Board and shareholder decisions of companies are usually determined by …

Our Services

We provide specialist legal services in a range of areas

    Seraphinite AcceleratorOptimized by Seraphinite Accelerator
    Turns on site high speed to be attractive for people and search engines.