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Litigation

Litigation

At Nicholas James Lawyers our team of litigation lawyers understand that for a business, legal battles may be costly, time-consuming, and stressful. Rather than going to court, it’s always a good idea to search for methods to settle a disagreement on business terms. If you are in a disagreement, try to find a lawyer who knows that litigation isn’t always the best course of action.

Business legal issues can ruin relationships and cripple businesses. Commercial litigation, regardless of which side you are on, can be costly, time-consuming, and unpleasant. Nicholas James’s commercial lawyers will fight for your rights in a way that is passionate, personable, and cost-effective.

Commercial claims are often complicated, which is why you need experienced practitioners on your side. We have a simple goal: to strive for the best outcomes for our clients. In many cases, this does not involve litigious action. Rather, it involves a business solution that satisfies you before the lawsuit. Our commercial lawyers are specialists in their fields, and we pride ourselves on working together – so no matter what the situation, you’ll always have the most experienced team on your side. 

We are committed to helping commercial, corporate, and private clients resolve various commercial disputes. Our team of litigation lawyers have a reputation for various areas of commercial litigation including:

  • Civil Disputes
  • Building & Property Disputes
  • Lease Disputes
  • Corporate & Personal Insolvency
  • Intellectual Property
  • Debt Recovery
  • Dispute Resolution

From privately owned family businesses and partnerships to publicly traded corporations, we deal with businesses of all sizes and settings. In large-scale commercial disputes, we also have the resources and experience to represent national clients. 

Our litigation lawyers can assist you in resolving your issue early on, allowing you to focus on the most critical aspects of your business. Our experienced team will also use their knowledge to help clients involved in litigation and other kinds of dispute resolution when appropriate.

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Why Nicholas James Commercial Litigation Lawyers?

We realise that a good, long-term partnership with a commercial law practice gives certainty and consistency to all organisations. As a result, we provide our corporate and commercial clients with pricing structures that are flexible and transparent and suited to their unique needs.We devote time to our clients’ matters to have a deeper understanding of their situations and legal needs. This allows us to anticipate potential difficulties from the start, give timely and relevant advice, and collaborate with each of our clients to produce accurate and appropriate solutions delivering positive outcomes for your business. For experienced commercial lawyers and litigators in Essendon, call Nicholas James Lawyers today.

Why Choose Nicholas James Lawyers?

We realise that a good, long-term partnership with a commercial law practice gives certainty and consistency to all organisations. As a result, we provide our corporate and commercial clients with pricing structures that are flexible and transparent and suited to their unique needs. 

We devote time to our clients’ matters to have a deeper understanding of their situations and legal needs. This allows us to anticipate potential difficulties from the start, give timely and relevant advice, and collaborate with each of our clients to produce accurate and appropriate solutions delivering positive outcomes for your business.  

For experienced commercial lawyers and litigators in Essendon, call Nicholas James Lawyers today.   

FAQs

What is a building dispute?

A building dispute arises when a party to a construction contract fails, or is perceived to have failed, to comply with their legal or contractual obligations to a contracting party. Many domestic building disputes are resolved by the parties themselves, through negotiating an outcome that is satisfactory to each party. Construction is a big investment and building disputes that lead to court proceedings can be emotionally and financially draining to the parties involved. Getting the right legal advice early on ana managing building contract disputes efficiently can help minimise the impact they have on a construction company’s profitability and a homeowner’s construction goals. Nicholas James Lawyers can help you enforce and defend your legal and contractual rights. 

What happens when a limited company becomes bankrupt?

As soon as you know your company is likely to become insolvent you must take action in order to minimise the losses to creditors. Failing to do so can leave you open to personal liability for the company’s debts. Seeking professional insolvency advice will assist you to objectively assess the situation and obtain advice on your options. 

Is there a maximum length of time I can chase a debt?

In most states in Australia, a debt can be recovered for up to 6 years after the debt first arose. If you have concerns whether your debt may be too old or is about to expire, contact Nicholas James Lawyers for specialised advice to determine whether your debt can still be pursued.

When should I obtain advice from a Debt Recovery Lawyer?

Generally, a business or individual will seek the assistance of a Lawyer after its own attempts to recover the debt have been unsuccessful. A lawyer can be engaged to place pressure on the debtor and in some circumstances, facilitate meaningful negotiations between the parties.  

What are the types of Dispute Resolution?

Dispute Resolution involves individuals or businesses who are in dispute attempt to reach an agreement about how to resolve their dispute. Parties may resolve the dispute between themselves or seek assistance from an impartial person such as a Mediator. Types of Dispute Resolution are:

  • Negotiation, which involves parties communicating directly or with the assistance of legal representation in an attempt to reach agreement.
  • Mediation, which involves an impartial person (Mediator) to assist the parties to resolve their dispute.
  • Facilitation, similar to Mediation but is used for groups that are in conflict, such as a Body Corporate.
  • Conciliation, a process in which parties in a dispute attempt to reach an agreement with the assistance of an impartial person (Conciliator). The Conciliator usually has experience in the matter in dispute and can advise the parties of their rights and obligations.
  • Arbitration, which is a formal process in which the parties in dispute present their case to an independent person (Arbitrator) and are bound by the Arbitrator’s decision.

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