Commercial litigation · Australia

Commercial litigation lawyers in Australia.

Contract disputes, debt recovery, shareholder oppression, partnership breakdowns, breach of fiduciary duty. Find verified commercial litigation lawyers and understand what the process looks like.

6 yearsStandard limitation period for contract claims
$750kFederal Court small claims jurisdictional limit
12-24 moTypical time to trial in commercial matters

What commercial litigation covers

What commercial litigation lawyers handle.

Commercial litigation covers business disputes that aren’t resolved through negotiation. Most matters fall into one of these categories.

Contract

Breach of contract

Claims arising from non-performance, defective performance, or wrongful termination of commercial contracts. The most common form of commercial litigation.

Debt

Debt recovery

Recovering money owed under invoices, loan agreements, or judgment debts. Statutory demands ($4,000+ threshold), Local/District Court proceedings, and bankruptcy/winding up petitions.

Corporate

Shareholder oppression

Section 232 Corporations Act claims by minority shareholders against oppressive conduct. Remedies include buy-outs, winding up, and corrective orders.

Partnership

Partnership disputes

Dissolution, accounting, and disputes between partners. Governed by partnership agreements and state Partnership Acts.

Fiduciary

Breach of fiduciary duty

Claims against directors, partners, trustees, and others in fiduciary relationships for breach of duty, conflicts of interest, or misappropriation.

Misrepresentation

Misleading conduct

Claims under the Australian Consumer Law (ss 18 and 29) for misleading or deceptive conduct in business-to-business contexts. No fault element required.

Typical cost

What commercial litigation typically costs.

Indicative range

$15,000 to $500,000+

Costs scale with the matter size and court. A $50,000 contract dispute in the Local Court will run very differently from a $5m corporate dispute in the Federal Court.

Demand letter & settlement negotiation: $2,500–$8,000. Local Court / Magistrates’ Court claim ($100k): $15,000–$45,000. District/County Court ($750k): $40,000–$150,000. Supreme / Federal Court matter: $80,000–$500,000+.

Litigation funding is available for larger commercial claims. Discuss with your lawyer whether it’s appropriate.

How a matter typically unfolds

How a commercial dispute typically resolves.

The path varies widely with court, complexity, and parties. This is an indicative shape.

  1. Pre-action correspondence

    Letters of demand, statements of claim, and without-prejudice negotiations. 60-70% of commercial disputes settle here, before any court filing.

  2. Pleadings & defence

    If unresolved, a statement of claim is filed and served. The defendant has 28 days to file a defence. The court’s case management directions follow.

  3. Discovery

    Mutual disclosure of relevant documents. Often the longest and most expensive stage in commercial matters — can take 3 to 9 months.

  4. Mediation

    Court-ordered or party-arranged mediation. Most jurisdictions require parties to attempt mediation before trial. Around 50-60% of commercial matters that reach this stage settle here.

  5. Trial

    If unresolved, a final hearing with evidence, cross-examination, and submissions. Commercial trials typically run 3 to 15 days.

  6. Judgment & enforcement

    If successful, you have a judgment. Enforcing it (recovering money) is a separate process — garnishee orders, writs of execution, examination of debtors, and where appropriate, bankruptcy or winding up.

Frequently asked

Common questions

When should I engage a commercial litigation lawyer?

Earlier than you think. The strongest commercial cases are built before proceedings start — through careful evidence preservation, well-drafted demand letters, and strategic without-prejudice negotiations. Once the matter is filed, costs escalate quickly.

Can I claim my legal costs back?

In most Australian commercial litigation, the unsuccessful party pays the successful party’s costs. The order is typically for "party-party" costs (50-70% of actual costs) rather than full indemnity. Discuss the costs risk both ways before you commence.

How long until I get my money?

For a defended commercial matter that reaches judgment: 12 to 24 months in the Local/District Court, 18 to 36 months in the Supreme/Federal Court. Settlement is usually faster — weeks if pre-litigation, months once filed.

What about arbitration?

If your contract has an arbitration clause, the dispute may be arbitrated rather than litigated. Arbitration is typically faster, confidential, and produces a binding award. Costs are usually similar to or slightly lower than litigation.

Find a commercial litigation lawyer.

Verified commercial litigators across Australia. Most firms offer a fixed-fee initial advice followed by a written cost estimate before any further work.

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