An Easy Guide To Understanding Commercial Litigation Cases

An Easy Guide To Understanding Commercial Litigation Cases
Photo by Hunters Race on Unsplash

The commercial litigation process in Australia is built off of the civil law system, meaning cases are heard by one or more judges. Commercial litigation matters proceed through several stages. There are several lawsuits that could be filed against a company. One is for breach of contract, another is for negligence or product liability, and then there’s also this one called commercial litigation. What makes it different from the rest? The law states that in order to file a lawsuit, you would need to show beyond reasonable doubt that someone owes you something, either by way of damages or performance. However, when filing commercial litigation cases, you don’t really need to claim anything. You can just sue them because they breached their contract with you!

Commercial Litigation Cases

Commercial litigation simply means using them for breaching your agreement with them. There are instances wherein contracts are not honored by both parties. It could be caused by a mistake or a misunderstanding between the two. Or it could also be a result of a party’s noncompliance, which means they intentionally refused to honor their part of the agreement. Whatever the case may be, commercial litigation cases are not just about recovering losses from breached contracts. These types of cases can sometimes go beyond that and aim for an equitable remedy. If you work in construction with a work dispute on your hands, and you live in the Gold Coast area, hiring a litigation lawyer in Brisbane can help you get the justice and compensation that you deserve. It’s important to note that when filing a commercial litigation case, damages are not your only option.

One of the remedies under commercial litigation cases is specific performance. In simpler English, this means that instead of asking for money from the defendant, you can ask them to perform exactly what they originally agreed upon with you!  It does sound unfair but keeps in mind that company owners are expected to be fair trade negotiators who did what was best for both parties interests. This is because it makes sense if one side isn’t satisfied with the other party’s way of doing business! To file a commercial litigation case, all you need is an agreement between two contracting parties wherein there was at least one breach of contract. One of the most common examples of commercial litigation cases is where one company promises another that they can use their designs, and then later went back on their promises.

Commercial Litigation Cases Explained

What does a commercial litigation case actually involve? Basically, you have to prove that the defendant breached your contract and caused damages to yourself. The court will need proof from you in order to find this out. As mentioned earlier, one of the most common examples of commercial litigation cases is where one company promises another that they can use their designs, and then later went back on their promises. They might say that we were promised this or that but we never did agree on it! While it would be ideal for both parties to sit down and settle their disputes like mature adults, sometimes things take a turn for the worse, and business partners end up in front of a judge over a breach of a contract dispute. 

Commercial Litigation: The Process

One of the first things that need to happen before commercial litigation cases proceed in arbitration . If both parties were not able to settle their dispute themselves, they might as well put it back in the hands of a third party who could resolve it for them. If this fails, then we can simply go straight into filing a lawsuit against one another. All you need is the agreement signed by both parties and proof such as emails or other documents that would support your claim. However, before you actually file anything, try and ask for an explanation from them about what went wrong and why they cannot honor their end of the bargain.

A Win For Both Sides

When filing commercial litigation cases,  it’s important to act fast and speak to a lawyer. If you miss the “statute of limitations” or deadline, then you can’t do anything about it! This means that even if your case is valid and has substantial evidence, you will not be able to pursue your claim anymore.

The most common types of commercial litigation cases are a breach of contract, misrepresentation, non-compete clauses violation, wrongful termination, and trade secrets misappropriation. Misrepresentation happens when there is some false information on paper that initially led one party into believing that the other party was trustworthy. For example, A company owner paid for a new design thinking that they were getting an original design work but later found out that the designer just copied another logo instead. Companies who have contracts with other companies for exclusive rights should always follow the terms and conditions of the contract. This is to avoid getting sued later on by another company that claims that they have violated their non-competes clause! The most common example of trade secrets misappropriation is when one company gets information from another without asking or giving anything in exchange.

Elements Of Commercial Litigation Cases

What makes filing a commercial litigation case more complicated is that you must show proof that the defendant breached his contract with you in terms of response time within a reasonable amount of time as well as its ability to solve the problem. This is the “hurt” that we were referring to earlier. It can also be their failure to remedy this situation and if there was any impact on your ability to continue conducting business at a later date. Normally, a commercial litigation case can typically involve disputes involving international transactions or deals. It could also be a breach of fiduciary duty which means the parties involved have been placed in positions where they must act for another’s benefit and not their own.

There are several things that should be considered when filing a commercial litigation case. The first one is whether or not your contract was terminated or canceled before it could even expire. If you’ve gone through all these steps and there has been no response from the other party, then you would need to send them a notice eventually to them informing them that they breached their obligation because of this initial agreement until you finally file a lawsuit against them. When dealing with commercial litigation cases, it will be best that you hire a commercial litigation lawyer.

 If you’re filing a business contract breach case, then your best legal option would be to talk to a qualified business lawyer. They should be able to help you file that complaint and even represent you in court. It’s important that these cases are filed because they may lead to businesses improving on certain areas or revising their policies regarding the one-sided actions of some employees who fail to follow these agreements with clients. 

About the author


Tom Bernes

Tom Bernes is the Editorial Director at The Next Hint Inc.

Prior to joining The Next Hint Inc, Tom had a hand in a number of online and print publications, including as chief copy editor and Government Technology Magazine as managing editor. He also did a stint in Sydney as group editor of RBI Australia's manufacturing group, which is when he also developed an affinity (a love, really) for cricket.

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