Expertise

Litigation & dispute resolution lawyers in Richmond & Melbourne.

Debt recovery, contract and commercial disputes, property and building disputes, estate litigation and VCAT proceedings, run commercially, not emotionally, with a clear view of the merits before you commit.

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Merits assessed first

An honest view of prospects and cost before anything is filed.

Early resolution preferred

Most disputes settle, we aim to settle them sooner.

Court & VCAT experience

Magistrates' Court, County Court, Supreme Court and VCAT.

Costs kept proportionate

We tell you when further legal spend is not worth it.

Our dispute services.

Debt recovery & letters of demand

Get paid without burning the relationship first, demands, then proceedings if required.

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Contract & commercial disputes

Breach of contract, supply and partnership disputes assessed on the merits before you commit.

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Property & building disputes

Boundaries, easements, defective building work and failed property contracts.

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Estate litigation

Family provision claims and challenges to a will, handled with care for the family.

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VCAT & dispute resolution

Retail lease, owners corporation and building matters prepared properly for the right forum.

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Mediation & dispute resolution

Structured negotiation and mediation to resolve matters before costs escalate.

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Contract disputes

Breach, termination, damages and recovery when the other side does not perform.

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Shareholder disputes

Oppression, deadlock, exclusion and buy-outs between the owners of a company.

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Partnership disputes

Profit share, exit, dissolution and accounts between business partners.

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Leasing disputes

Rent, repairs, breach notices, make good and termination for landlords and tenants.

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Building & construction disputes

Defects, delay, variations, payment claims and domestic building matters.

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Owners corporation disputes

Levies, common property, by-laws, works and committee disputes at VCAT.

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How we help.

Assess the merits honestly

Before anything is filed you get a clear view of the strengths, the weaknesses, the likely cost and the realistic recovery.

Apply commercial pressure

A properly drafted letter of demand resolves a surprising number of disputes without proceedings.

Choose the right forum

VCAT, the Magistrates' Court or a higher court, the wrong forum wastes months and money.

Run it to conclusion

Pleadings, discovery, mediation and hearing, with counsel briefed where it adds value.

We give an estimate for each stage of a dispute, and we will tell you plainly when settling beats continuing.

How a dispute is run.

  1. 01

    Case assessment

    We review the documents and give you a frank view of prospects, cost and timeframe.

  2. 02

    Letter of demand

    A clear demand setting out the claim and the consequences of not resolving it.

  3. 03

    Negotiation

    Without-prejudice discussions aimed at a commercial resolution early.

  4. 04

    Proceedings

    If required, the claim is issued in the right forum and pleaded properly.

  5. 05

    Mediation

    Most matters resolve here, once both sides have seen the evidence.

  6. 06

    Hearing & enforcement

    Where necessary, the matter is heard and any judgment enforced.

Proportionate litigation costs.

Case assessments and letters of demand are fixed fee. Proceedings are charged at agreed rates with an estimate for each stage, so the cost of the dispute never gets ahead of what is at stake.

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FAQs

Litigation & disputes FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

How much does it cost to recover a debt?
A letter of demand is a fixed fee and resolves many matters on its own. If proceedings are needed, we give you a stage-by-stage estimate and, in most successful claims, a portion of your costs is recoverable from the other side.
How long does a dispute take?
A demand can resolve a matter in weeks. A defended Magistrates' Court claim typically takes six to twelve months, and higher court proceedings longer. We push for early resolution wherever it is sensible.
Will I have to go to court?
Most disputes settle before hearing, often at mediation. Court is the backstop that makes a settlement possible, not the default outcome.
What is VCAT and when does it apply?
The Victorian Civil and Administrative Tribunal deals with retail lease disputes, domestic building work, owners corporation matters and consumer claims. It is faster and less formal than court, but preparation still decides outcomes.
Can I recover my legal costs?
In court proceedings a successful party usually recovers a portion of its costs, rarely all of them. At VCAT, each party generally bears its own costs. We factor that into the commercial advice from the start.
What are the time limits for bringing a claim?
Most contract and negligence claims in Victoria must be brought within six years. Family provision claims against an estate must be made within six months of the grant of probate. Get advice early, limitation dates are unforgiving.
Can you challenge a will?
If you are an eligible person who was not adequately provided for, you may be able to bring a family provision claim, or challenge the will's validity where there are concerns about capacity or undue influence.
Do you offer a case assessment before I commit?
Yes. For a fixed fee we review the documents and give you an assessment of the merits, the likely cost and whether the claim is worth pursuing.

Related services.

Business & commercial

Contracts and terms of trade drafted to reduce the disputes before they start.

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Property & conveyancing

Property transactions handled properly, including defaults and failed settlements.

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Wills & estates

Estate planning that reduces the risk of a claim against your estate.

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Get a clear view of your dispute.

Book a case assessment with a CMK Legal litigation lawyer and find out where you really stand before you spend on a fight.

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