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The Role of Commercial Litigation Lawyers

Do you need help in resolving a business dispute or tax issues? Perhaps, you are facing commercial litigation and you need someone to represent you. 

Whatever your difficulties are regarding the business, corporation, investments, debts and other financial concerns, obtaining legal help from an expert, specifically tax lawyers in Sydney, will help you traverse the complications of commercial law.

What Is Litigation and Dispute Resolution?

As a business owner, you need to be aware of the legal aspects of running your business. You are vulnerable to conflicts like a breach of contract, employment disputes and professional negligence claims among others, so there is the need to hire a tax lawyer. You may be well-versed in several business legislation laws, but there are special areas of commercial law that require extensive knowledge and experience.

Litigation and dispute resolution are two different things. The former is the process involved in presenting a case, and the latter can be done to resolve an issue outside the court.

Commercial litigation is not only complex but also time consuming. What’s more tiring is that litigation comes with a high cost, especially when parties decide to file the dispute in court. Hence, selecting the best tax lawyer in Australia, like lawyers in Madison Marcus, is a must.

​​What Do Commercial Litigation Lawyers Do?

Commercial litigation lawyers not only protect the rights and interests of their clients but also shield the intellectual property of their client’s businesses. 

Litigators are specialists or generalists that are typically hired to represent and guard the best interest of a business and most importantly, defend the case if they go to court. Hence, they represent their clients in litigation and dispute resolution.

What Is the Role of a Commercial Lawyer?

In running your business, you essentially need the help of a commercial litigation lawyer because somewhere along the way, you will run into legal problems that could be damaging to your business.

There are two essential roles of a commercial lawyer:

  • One, in case you come across unwanted legal issues. Before any dispute can occur, your commercial lawyer ensures to qualify any transactional work that involves preparing and reviewing various contracts and documents.
    When contracts and other legal documents are established, your lawyer then negotiates with other parties. For example, these negotiations are seen in mergers and acquisitions, establishing the IPO of a new company or delivering a building and construction project. Having a professional commercial lawyer will lessen that specific burden and will keep all the things in order.

    When the time comes for tax returns, individuals can file them without experiencing any interruption or issues. A taxation lawyer will guide and assist the business owner for them to get a good idea of what they are dealing with and how long it will take to end.
  • Second, commercial lawyers are equipped to represent you in court to settle disputes. It is your lawyer’s role to manage the risks and to respond with a defence that ultimately resolves even the most complicated legal problems. 

What Are the Disputes That May Be Encountered in a Commercial Litigation?

Commercial litigation is a broad term and may include different types of topics and disputes. Hence, it is an advantage if one would be able to know what type of dispute he or she is dealing with to properly communicate it with his or her lawyer.

  • Debt Recovery/Insolvency Dispute
    This happens when a debtor does not pay for the goods or services rendered and argues his or her obligation to pay. In such a case, you, as a creditor, may need to commence proceedings to recover the outstanding debt. Such other recourse may also be needed like insolvency proceedings, be it winding up or bankruptcy proceedings.
  • Contract Disputes
    This occurs when both parties to an agreement have different interpretations concerning such terms in their contract or either or both of the parties refuse to fulfil their obligations under a contract. In these circumstances, the other party may seek termination of the contract and therefore, seek the help of a lawyer to claim damages and losses resulting from the breach of the contract.
  • Property Disputes
    Property disputes include those about the business interests in land or personal property. It may involve matters arising from a landlord–tenant, lessor–lessee and seller–buyer relationship. It may also contain disputes over a business’ ownership or interests in property, as well as issues arising under the Personal Property Securities Act.
  • Corporation Disputes
    These disputes can arise between the shareholders and/or corporate officers of a company with regard to the management of the company’s business, distribution of profits and the election of the board of directors. Potential claims may also arise with respect to the company’s takeover or merger or the winding up of activities.
  • Intellectual Property Disputes
    Intellectual properties, such as trademarks, patents, copyright and designs, are the business’s most valuable assets, and comprehensive intellectual property laws are in place to protect such rights. If a business is using the intellectual property of another business without its permission, the latter will have to commence proceedings to protect its intellectual property rights.
  • Competition and Consumer Act Disputes
    Competition and consumer law encompass a wide range of issues arising under the Australian Consumer Law, which aims to promote fair trading and competition in the field of business and commerce. It also protects the rights and privileges of the consumers. It could include unfair contracts.

How Madison Marcus Can Help You

Whatever your circumstance, finding the right lawyer to protect your business is a need. If you need a commercial litigation lawyer or a taxation lawyer, consider Madison Marcus. Our team can guarantee expert knowledge and experience in all state courts and tribunals, as well as in all Commonwealth courts. We make our service advantageous to move your case forward.

For all enquiries or to book a free 15-minute consultation, contact us today.


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