Commercial Litigation

COMMERCIAL LAWYERS GOLD COAST

We provide legal advice in the area of commercial litigation on the Gold Coast. This is an area of law that can cover a wide range of matters. Our solicitors have expertise in all of the following areas:
  • Contractual Disputes;
  • Construction / Property Disputes
  • Property Disputes / Litigation
  • Partnerships;
  • Debt Claims;
  • Bankruptcy;
  • Insolvency;
  • Franchises;
  • Mediation;
  • Trade Practices;
  • Company;
  • Professional Negligence;
  • Negotiating and Drafting;
  • Plaintiff and Defendant Work;
  • Magistrates Court, District Court and Supreme Court Proceedings;

Litigation

Sometimes you may have to go to Court. It is certainly an outcome from which we always plan to protect our clients, but faced with commercial greed or an unpreparedness to negotiate by another party, it is something everybody, particularly in business, must be prepared for.

It takes courage and determination for any person to succeed in litigation, if they have the right legal team supporting them.

We have the right team for you and have a large number of expert barristers in many fields that we retain exclusively for our clients.

If you have a litigation issue, then plan to see us before it is too late. Remember a stitch in time saves nine.

Bankruptcy

This is one of the greatest dangers for anybody starting up a new business. One of the greatest causes of concern among business advisors is the absence of specialist planning new business people employ before they start. It is not uncommon for someone to sign a contract to purchase a $150,000.00> business, but how many baulk at seeing a solicitor first to discuss their asset holdings and spend < $1500.00 on the proper structure to avoid the pain of losing everything if the business fails.

Why not take the worry of possible Bankruptcy out of your life and see us for a no obligation appointment.

Insolvency

Insolvency is the inability of an individual or incorporated entity to pay its debts as and when they fall due. Every year, thousands of Australian businesses and individuals go broke. Many people think of insolvency as what happens after a business has gone broke. There are, however, quite a few methods of rescuing businesses before formal insolvency methods are introduced. Many clients wait until it is too late to seek assistance before these formal methods are reached. We are here to advise our clients at this point.

Beyond this point, we can advise when a company goes into administration or receivership or when a company goes into liquidation.

Clients may be involved in the insolvency process themselves or may have debts due from a company and may wish to use these insolvency methods to enforce payment of those debts. Either way, the team at RobertsLaw can advise on this area of law.

Mediation

Mediation is a process in which a neutral third party is engaged to assist parties in dispute reach a mutually acceptable agreement.

Mediation is increasingly used to facilitate discussion and communication between parties to a dispute, and is often utilised as a cost-effective alternative to litigation.  Sometimes, the Court will even direct parties in litigation to try mediation.

Generally, mediation is an informal process that allows the parties to have a confidential exchange of views about their dispute and the ways in which it might be able to be settled.

Parties can choose to have legal representation at a mediation. The role of a lawyer is to advise and assist their clients in the course of mediation and to discuss with the Mediator, and with each other, such legal evidentiary or practical matters as the Mediator may suggest or their clients might wish.

If agreement is reached, terms of settlement are signed by the parties at the end of the mediation. Each party should ensure that they are in total agreement with the terms of settlement, as it is a legally binding document once signed.

If you require assistance with a dispute, or if mediation is of interest to you, RobertsLaw can help.

Franchising

Franchising is one of the fastest growing business sectors in Australia. Franchising is a unique way of doing business, built on mutual trust.

The introduction of the Franchising Code of Conduct, which is a mandatory code which must be complied with by all franchise systems, is something that all businesses in this area need to be aware of.

The purpose of the code is to assist franchisees and franchisors make an informed decision prior to entering into a franchise agreement and to provide a framework for dispute resolution. The code brings protection for those entering into, renewing or extending franchise agreements, primarily by providing better information on which to make the decision whether or not to invest in a franchised business.

Here at RobertsLaw we can advise you, regarding franchising law, of your rights and obligations and action that can be taken by or against your business if there is a breach.

It is strongly recommended that franchisors and franchisees seek legal advice prior to entering into a franchise agreement. This should assist each party to better understand their obligations and also assist to avoid disputes between the parties in the future.

If you need advice on your rights regarding franchising, RobertsLaw can help.