Litigation & disputes
Contract & commercial disputes in Victoria.
Breach of contract, a partnership breakdown, misleading conduct or a supplier who has let you down, commercial disputes are best assessed on the documents, quickly and unemotionally, so you can decide with a clear view of the merits and the likely cost. CMK Legal in Richmond advises businesses across Victoria on exactly that.
Merits assessed first
Merits and quantum assessed on the documents before any letter is sent.
Early resolution preferred
Position letters usually issued within days; urgent injunctions where value is at risk.
Costs kept proportionate
Fixed fee for the initial assessment, then a costs plan for each further stage.
Victorian courts & VCAT
Magistrates', County and Supreme Courts of Victoria, and the Australian Consumer Law.
What a commercial dispute involves.
Commercial disputes take many forms, breach of contract or warranty, misleading or deceptive conduct under the Australian Consumer Law, a partnership or joint-venture falling out, or a supplier that has simply stopped performing. Whatever the label, the same questions decide the outcome: what was actually agreed, who breached it, and what loss can be proven.
Litigation is rarely the first or best move. A well-argued position letter, backed by a genuine review of the documents, resolves a large share of commercial disputes without a proceeding ever being filed. Where the relationship is beyond repair and the amount justifies it, mediation is the next step, and courts will generally expect you to attempt it before a hearing.
Time limits and contractual notice requirements are easy to miss under commercial pressure. Some supply and construction contracts require a claim to be notified within a short window or it is lost altogether, and general contract claims are subject to a six-year limitation period in Victoria. Checking these at the outset protects a claim that might otherwise disappear.
Preserve documents and correspondence, emails, invoices, messages and file notes, as soon as a dispute arises, and be careful about informal conversations with the other side that could later be read as an admission or a variation of the contract.
How we approach a commercial dispute.
Test the merits on the documents
Contract, purchase orders, correspondence and conduct, read together to establish what was actually agreed and where the breach lies, before a position is taken.
Resolve it commercially first
A clear position letter and without-prejudice negotiation resolves the majority of commercial disputes for a fraction of the cost of a defended proceeding.
Mediate before you litigate
A structured mediation, confidential and without prejudice, allows commercial outcomes, payment plans, ongoing trading terms, that a court cannot order.
Run it properly if it must be run
Proceedings issued in the right court for the amount and issues, with urgent injunctions available where assets, customers or confidential information are at risk.
Talk to us if.
- A supplier, customer or contractor has stopped performing as agreed
- You believe you have been misled about a product, service or business
- A partnership or joint venture has broken down over money or control
- You have received a letter alleging you are in breach
- You are considering ending an agreement but are unsure of the risk
- Confidential information or customers appear to be being diverted
- A dispute has become urgent and you need injunctive relief
- You want a plain answer on what a dispute is realistically worth
Bring the contract or agreement, the key correspondence and a short chronology of events. Those three things usually shape the advice at the first meeting.
How a commercial dispute runs.
- 01
Merits assessment
We review the documents and correspondence and talk you through the strength of the claim and likely recovery.
- 02
Position letter
A clear letter setting out the position, the remedy sought, and a without-prejudice invitation to resolve it directly.
- 03
Negotiation
Proposals exchanged directly between the parties, often reaching a commercial resolution within weeks.
- 04
Mediation
A structured, confidential mediation where the amount and relationship justify it, most matters resolve here.
- 05
Proceedings
Issued in the appropriate court only where negotiation and mediation have not resolved the dispute.
Transparent dispute fees.
The initial merits and quantum assessment is a fixed fee, quoted before we start. Position letters are typically fixed fee. Negotiation, mediation and any court phase are estimated in writing stage by stage, so you always know the cost of the next step. Counsel and mediator fees are disclosed separately as third-party costs.
FAQs
Commercial dispute FAQs.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Should I start with a lawyer's letter?
Which court will hear my dispute?
How long will it take to resolve?
Can I claim interest and costs?
What if the other side ignores my letter?
Is mediation actually worth attending?
Related services.
Get a clear view of the merits.
Send us the documents, the correspondence or the notice you have received. Start online in a few minutes, or book a consultation and speak to a disputes lawyer the same business day.