Practical Advice for Commercial Disputes
Commercial Litigation Lawyers in Sydney
COMMERCIAL LITIGATION
Commercial disputes can be expensive, distracting and time-consuming. They often affect cash flow, business relationships and management focus. Led by Principal Solicitor Bryan Wong, CG Gillis & Co advises companies and individuals carrying on businesses, investors and high net worth individuals across a wide spectrum of commercial disputes and litigation ranging from debt recovery and contractual disputes to insolvency related claims and tax.
Our focus is on helping clients understand their options and to achieve the most practical outcome. As a boutique commercial legal practice, we offer clients direct access to experienced solicitors and advice grounded in commercial realities.
What Is Commercial Litigation?
Commercial litigation involves litigating and defending commercial disputes in courts of competent jurisdiction in Australia. We act for clients in all matters involving:
- Contractual disputes and claims arising from misleading and deceptive conduct under the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)Â
- Seeking specific performance of contractual obligations or other declaratory reliefÂ
- Shareholder disagreements and derivative actions under the Corporations Act 2001 (Cth) Â
- Debt recovery and statutory demands under the Corporations Act 2001 (Cth)Â
- Director disputes and other claims arising from the Corporations Act 2001 (Cth)Â
- Tax related disputed with the Commissioner of Taxation
- Insolvency-related disputes and defending claims from a liquidator or trustee in bankruptcyÂ
Not every dispute requires court action. In many situations, early legal advice and intervention can help parties resolve issues through negotiation or mediation before formal proceedings become necessary.
Common Commercial Disputes We See
Companies and individuals carrying on businesses seek litigation advice for a wide range of disputes, including unpaid invoices, breaches of contracts, shareholder disagreements, partnership breakdowns, director conflicts and disputes arising from business sales or acquisitions.
Many disputes start as disagreements but can escalate quickly if obligations are unclear, communication breaks down or significant financial interests are involved. Obtaining legal advice early can help clarify your position, preserve important evidence and identify opportunities for resolution before costs increase.
How We Work
When Should You Speak to a Commercial Litigation Lawyer?
Early legal advice often provides more options than waiting until a dispute escalates. You may benefit from legal advice if:
- A contract has been breached or repudiatedÂ
- Payment obligations have not been met
- A shareholder dispute has emerged
- A business partner relationship has broken down
- You have received a Letter of Demand or statutory demandÂ
- Court proceedings have been threatened
- A dispute is affecting business operations
Seeking advice early may help preserve your position, reduce costs and improve the likelihood of an efficient resolution.
Our Litigation Process
Commercial disputes vary significantly, but most follow a similar pathway.
Before formal proceedings commence, we assess:
- Contractual rights and obligations
- Available evidence
- Commercial objectives
- Potential risks
- Cost considerations
- Alternative dispute resolution opportunities
This stage is often where businesses can achieve the most cost-effective outcome.
Where proceedings become necessary, we prepare and review:
- Statements of Claim
- Defences
- Cross-Claims
- Replies
- Court Applications
Our focus is on presenting a clear and strategic case from the outset.
Some disputes require urgent action before a final hearing. This may involve:
- Injunctions
- Urgent applications
- Preservation orders
- Discovery-related applications
These applications can significantly affect the progress and outcome of a dispute.
Proper preparation helps ensure important evidence is identified, preserved and available when needed. This stage may involve:
- Discovery processes
- Notices to Produce
- Subpoenas
- Witness statements
- Expert evidence
Strong preparation often influences both settlement discussions and litigation outcomes.
Many commercial disputes resolve before trial. We represent clients during:
- Settlement negotiations
- Mediations
- Without-prejudice discussions
- Alternative dispute resolution processes
The objective is to achieve a practical commercial outcome while minimising unnecessary costs.
Not every commercial dispute requires court proceedings. Depending on the circumstances, disputes may be resolved through:
- Direct negotiation
- Mediation
- Without-prejudice settlement discussions
- Expert determination
- Other forms of alternative dispute resolution
In many cases, resolving a dispute early can reduce costs, minimise business disruption and preserve commercial relationships. Where court proceedings become necessary, we help clients understand the risks, costs and likely pathway before moving forward.
Where settlement is not possible, we continue to represent clients through:
- Directions hearings
- Interlocutory hearings
- Final hearings
- Court trials
We work closely with specialist barristers where appropriate and maintain a clear litigation strategy throughout the matter.
Jurisdictional Scope
CG Gillis & Co acts for plaintiffs and defendants across major New South Wales and Australian jurisdictions.
Local Court of New South Wales
Smaller commercial claims and debt recovery matters.
District Court of New South Wales
More substantial commercial disputes and contractual claims.
Supreme Court of New South Wales
Complex commercial litigation and significant business disputes.
Federal Court of Australia
Complex legal disputes involving tax and insolvency
NSW Civil and Administrative Tribunal (NCAT) and the Administrative Reviews Tribunal (ART)
Selected commercial, tax and other matters within NCAT and ART jurisdiction.
Why clients choose CG Gillis & Co
Established in 1973
More than fifty years advising businesses and commercial clients across New South Wales.
Boutique Commercial Law Focus
Dedicated to commercial transactions, governance matters and business protection.
Practical Transaction Advice
We focus on identifying risks early, protecting value and helping transactions proceed efficiently.
Acquisitions & Sales Experience
Supporting clients through ownership transitions and commercial transactions.
Talk To Our Team
If you are buying a business, selling a business, negotiating an ownership transfer or considering an acquisition, an initial consultation can help identify risks and clarify the most appropriate pathway forward.
Frequently Asked Questions
What is the commercial litigation process?
Most disputes begin with assessment and negotiation before progressing to formal court proceedings if necessary. Many matters resolve through mediation before trial.
How long does commercial litigation take?
Timeframes vary significantly. Some disputes resolve within weeks through negotiation, while others may take months or longer if court proceedings are required.
What are my options besides court?
Alternatives may include negotiation, mediation, settlement discussions and other dispute resolution processes. Court proceedings are not always necessary.
What types of commercial disputes do you assist with?
We advise clients on contract disputes, shareholder disputes, business partner disputes, debt recovery matters, director disputes, commercial property disputes and a range of other business-related conflicts.
Can a commercial dispute be resolved without going to court?
Many commercial disputes can be resolved through negotiation, mediation or other forms of dispute resolution. Whether court proceedings are necessary depends on the circumstances of the matter and the willingness of the parties to reach an agreement.
When should I litigate instead of mediate?
The answer depends on the strength of your position, your objectives, the urgency of the matter and the willingness of the other party to negotiate.
How much does commercial litigation cost?
Costs depend on the complexity of the dispute, the amount of work required and whether court proceedings become necessary. We discuss likely costs during the initial consultation wherever possible.
Can you assist if court proceedings have already started?
Yes. We regularly advise clients who seek legal representation after proceedings have already commenced.