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Litigation and Dispute Resolution

Litigation and Dispute Resolution

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We recognise that while litigation must be a last resort, at times it is unavoidable. We’ll do everything we can to avoid clients having to litigate but if it must be done, we’re ready.
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Franchise Disputes
Estate Litigation
Contract Disputes
Shareholder Disputes
Partnership Disputes
Commercial Lease Disputes
Intellectual Property Disputes

For successful outcomes.

We are committed to resolving disputes and achieving the most successful yet cost-effective outcomes for our clients. We have extensive experience dealing in disputes at a variety of levels, including contract disputes, business partnership or shareholder disputes, franchise disputes, intellectual property disputes, commercial lease disputes. We handle all stages of the dispute, from letters of demand to alternative dispute resolution to litigation. It is our view that most disputes can be resolved effectively without incurring the time, cost and uncertainty associated with formal litigation.

How we can help

We can investigate every possible method of dispute resolution, including by letter, mediation or arbitration prior to issuing proceedings. However, when necessary, we are well equipped to run matters before any jurisdiction including: the Victorian Small Business Commissioner, VCAT, the Magistrates’ Court, County Court, Supreme Court and Federal Court. We have a track record of successful litigation matters and many more that have been suitably resolved at early stages through dispute resolution.

Testimonials

Darren has an excellent team of friendly and accessible people who are both efficient and practical. I trust Darren and his team to deliver for my clients at the most crucial stage of their transaction.

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— Ian A

By having a Sanicki lawyer involved I feel peace of mind knowing the deal has every chance of coming to fruition. I can honestly say that Darren, along with his wonderful team, have saved deals for me on several occasions. Sanicki’s end to end service makes my business life much less stressful.

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— Steve P

Couldn’t have had a better experience. These guys are warm and efficient. Best!

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— Harry F

Chelsea, Darren and the broader team at Sanicki Lawyers are an integral part of our business… It’s a bonus that they’re incredible to work with. We can’t recommend them highly enough – and wouldn’t trust anyone else with our contracts or business requirements

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— Giorgio M

The Sanicki Lawyers team make you feel so welcome, and explain fully costs and processes. It’s so comforting to be able to approach these guys and feel confident with what they do.

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— Gina C

Exceptional service from Sanicki Lawyers. I would never hesitate to recommend the team, and will certainly use their firm again for my business.

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— Julia N

We have expertise and can advise on:

Letters of demand.

Alternative dispute resolution, including: mediation, arbitration, negotiation, and conciliation.

Retail lease disputes before the Victorian Small Business Commissioner.

Issuing and defending Creditors' Statutory Demands.

Drafting Calderbank Letters and Offers of Compromise.

Drafting and negotiating Deeds of Settlement and Release.

Enforcement proceedings, and creditor’s petition in bankruptcy.

Issuing and running proceedings before the Victorian Civil and Administrative Tribunal (VCAT), the Magistrates’ Court of Victoria, the County Court of Victoria, the Supreme Court of Victoria, and the Federal Court of Australia.

Frequently Asked Questions
(FAQs)

Court proceedings are generally very expensive, time-consuming and stressful. For this reason, they are a last resort. If a dispute can’t be resolved through a letter of demand or negotiation, then your lawyer should advise you about the prospects of success and the likely costs of Court proceedings. From there, you can make an informed decision whether to litigate. Due to the costs and uncertainty of litigation, most Court proceedings are settled before they run their course. Even if you commence proceedings, a good litigation lawyer will look for opportunities to settle the matter throughout the proceedings.
At the end of the proceedings, the Court will usually order the losing party to pay the winning party’s legal costs on a standard basis. Generally speaking, this is only part (typically around 50% to 70%) of the winning party’s actual legal costs. In some circumstances, such as when the losing party has unreasonably refused a settlement offer from the winning party, the Court may order the losing party to pay costs on an indemnity basis. Generally speaking, this is nearly all of the winning party’s legal costs. Alternatively, if the winning party unreasonably refused a settlement offer from the losing party, the Court may instead order costs in favour of the losing party.
The main stages of the Court process are: Pleadings – The plaintiff starts the case by filing the originating document (usually called a Complaint or Writ), which includes a Statement of Claim. The defendant is required to file a Defence. The plaintiff may then file a Reply; Discovery – Both parties are required produce documents in their possession that are relevant to the dispute – whether they are helpful or harmful to the party’s case; Alternative Dispute Resolution – The Court will usually order some form of compulsory alternative dispute resolution, such as mediation. This encourages the parties to settle the matter, without incurring further costs; Trial – If the matter is not resolved, the Court will conduct a trial to hear the evidence and the parties’ arguments. The Court will then give a judgment. Throughout the proceeding, there are often interlocutory disputes about intermediate or procedural matters, which can increase the length and cost of the proceeding.
There are many options to resolve a dispute outside of Court, including: Negotiation – The parties or their lawyers can exchange communications (whether in writing, verbally or in a meeting) to try to resolve the dispute. This may involve exchanging settlement offers; Mediation – This is a structured and confidential negotiation process before an independent person (a mediator). The mediator assists the parties in identifying the key issues, to find a resolution; Conciliation – This is like mediation, but the conciliator has a more active role in attempting to resolve the matter. This is less informal than mediation and is offered by some Tribunals, such as the Fair Work Commission; Arbitration – Both parties can agree to be bound by the decision of an independent person or body. It is confidential and often more cost-effective than going to Court. For this reason, it is often used in commercial disputes, particularly those involving international parties

We’d be happy to talk to you and offer a timely, cost-effective solution...

Melbourne

+61 3 9510 9888
9 Regent Street
Prahran, VIC 3181

Brisbane

+61 3 9510 9888
139 Gotha Street
Fortitude Valley, QLD 4006

Sanicki Lawyers acknowledges the Traditional Owners of the lands on which we work and live across Australia, and recognise their continuing connection to the land and community. We pay respect to Elders past and present.

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