Litigation & Dispute Resolution Lawyers Ringwood

Many commercial disputes resolve without a final hearing. The task at the start of a matter is to understand the facts, identify the cause of action and the defences, assess the strength of the evidence, and match the dispute to the resolution path that best serves the client's commercial position. Sometimes that is a carefully-drafted letter of demand followed by negotiation; sometimes it is early mediation; sometimes it is proceedings issued to preserve a limitation period or secure evidence.

The forum matters. As a general rule, the Magistrates' Court of Victoria hears general civil claims up to $100,000; the County Court has unlimited civil jurisdiction; and the Supreme Court (including its Commercial Court list) hears matters within its jurisdiction, often including larger or more complex commercial disputes. Choice of forum turns on jurisdiction, the relief sought, complexity, applicable legislation and strategy — not simply the dollar value. Some disputes have a specialist forum: retail-tenancy disputes governed by the Retail Leases Act 2003 (Vic) typically begin with a mediation referral to the Victorian Small Business Commission (VSBC) with unresolved matters heard in VCAT, although urgent injunctive relief may still require a court application. Certain owners corporation and consumer matters are dealt with in VCAT, but not every dispute in those areas belongs there.

Preliminary steps and dispute-resolution requirements are matter-specific. There is no universal Victorian pre-litigation protocol requiring exchange of documents and a genuine settlement offer before every proceeding. Contractual dispute-resolution clauses, particular legislation, court rules and practice directions may impose preliminary steps in a given matter, and parties should always consider proportionate early resolution and preservation of their rights. The overarching obligations under the Civil Procedure Act 2010 (Vic) apply to civil proceedings in the Supreme, County and Magistrates' Courts (and certain other prescribed contexts) and require participants to act honestly, use reasonable endeavours to narrow and resolve disputes, and ensure costs are reasonable and proportionate.

The first task in a commercial dispute is a clear-eyed assessment of merits, cost and time. That means identifying the legal and factual issues, testing the strongest cause of action against the available evidence, mapping the likely defences, and estimating the realistic recoverable position on a net basis after costs. We record that assessment and revisit it as the matter develops so decisions are made against a current view, not the first impression.

Evidence needs to be secured early. Contemporaneous documents, correspondence, invoices, meeting notes and electronic records often determine outcomes; loss of evidence — whether through routine deletion policies, staff turnover, or destruction of devices — is one of the most avoidable litigation risks. Where a document-preservation obligation may arise, we advise on immediate steps.

Limitation periods are strict and are set by the Limitation of Actions Act 1958 (Vic) and other statutes. Many contract claims and some tort claims in Victoria are subject to a six-year period running from accrual of the cause of action, but deeds, personal injury, defamation, statutory causes of action and other claims can have materially different periods and different accrual and discoverability rules. In respect of judgments, section 5(4) of the Limitation of Actions Act addresses actions upon a judgment after 15 years; separately, particular enforcement processes and court rules may require leave to enforce, or compliance with other requirements, after materially shorter periods. Missing an applicable period may bar the claim or the remedy, subject to any extension or postponement rules that apply. Where a deadline is close, we prioritise steps to preserve the position.

Contract and commercial disputes are the largest single category — disputes over the interpretation or performance of supply, distribution, services, IT or construction contracts; alleged misleading or deceptive conduct under the Australian Consumer Law; and claims for damages, restitution or specific performance. Careful attention to the contract, the relevant admissions, and the loss actually suffered usually drives the strongest position.

Debt recovery — whether an undisputed liquid debt or a contested claim raising set-off or counterclaim — is handled proportionately. For clear liquid debts, we manage letters of demand, pre-issue negotiation, and, where appropriate, court proceedings. A creditor's statutory demand under Part 5.4 of the Corporations Act 2001 (Cth) is a corporate insolvency procedure available where the debtor is a company and the debt is due and payable and not genuinely disputed; it is not an ordinary substitute for debt-collection litigation and should not be used where there is a genuine dispute or offsetting claim, because the debtor can apply to set it aside with costs consequences.

Business, shareholder and partnership disputes require particular care because they typically involve continuing relationships. We advise on shareholder oppression, buy-out mechanisms, breach of directors' duties, deadlocks and dissolutions, and on partnership dissolution and account, with an eye to preserving value in the underlying business where that is achievable.

Property and commercial-leasing disputes cover a range of matters. Retail-tenancy disputes governed by the Retail Leases Act 2003 (Vic) are typically referred to the VSBC for mediation, with unresolved matters heard in VCAT; other commercial leases and disputes involving possession, mortgage enforcement, caveats and equitable interests are typically dealt with in the Magistrates', County or Supreme Court depending on the nature of the dispute and the relief sought. Owners corporation and off-the-plan issues are handled by our conveyancing and property team, with our litigation lawyers stepping in where proceedings are needed.

Direct negotiation and mediation can resolve many commercial disputes without a final hearing. A well-prepared mediation, with the right decision-makers in the room and a realistic assessment of the range of outcomes, is often the single most cost-effective step in the matter. Mediation is ordinarily conducted on a confidential and without-prejudice basis, subject to the terms of the mediation agreement, any court order or rule, any applicable legislation and limited exceptions (for example, where evidence of an agreement reached at mediation is needed to enforce that agreement). Agreements reached at mediation are usually recorded in a deed of settlement that provides certainty on payment, releases and confidentiality.

Where proceedings are needed, we prepare and file the originating process in the appropriate court or tribunal, manage discovery and interlocutory steps, brief counsel where the matter warrants it, and progress the matter to mediation, trial or resolution. Throughout, we consider and make written offers of compromise under the applicable court rules and Calderbank offers, both of which may affect the court's discretion on costs depending on their terms, timing, reasonableness and the eventual result at trial. There is no automatic costs consequence for refusing an offer.

Costs, proportionality and the overarching obligations under the Civil Procedure Act 2010 (Vic) are treated as a live consideration at each step. We aim to run matters in a way that matches the level of resource spent to the amount and importance of what is genuinely at stake.

Some disputes require the court's intervention before final rights are determined — most commonly to preserve the subject-matter of the dispute, prevent misuse of confidential information, restrain a breach of a restraint of trade, or preserve assets that would otherwise be dissipated. The Supreme Court and County Court both have relevant power, and applications may be made on short notice (or, in genuinely urgent cases, without notice) where the criteria are met.

Interlocutory relief is discretionary and demanding. The applicant must generally show a serious question to be tried, that damages would not be an adequate remedy, and that the balance of convenience favours the order. The applicant must also give the usual undertaking as to damages — an important commercial commitment. On any without-notice (ex parte) application the applicant is subject to a strict duty of full and frank disclosure of all material facts, including matters adverse to the application. Urgent relief is never guaranteed; not every dispute warrants an interlocutory application, and where the circumstances do warrant it, prompt action is essential.

This page addresses civil and commercial litigation only. Family-law disputes (including property, parenting and intervention orders) are dealt with by our family-law team. Criminal and traffic matters listed at Ringwood Magistrates' Court are handled by our criminal and traffic team. Family provision claims and other estate-litigation matters — will challenges, executor disputes and beneficiary disputes — are handled by our estate-litigation team.

Where a matter straddles more than one area (for example, a shareholder dispute that also has a separation angle, or an executor dispute over a business), we co-ordinate internally so the client is served by the right combination of practitioners without duplication.