Navigating the complexities of litigation for businesses.
Our commercial and civil litigation lawyers can act for you in legal action that relates to your commercial interests or civil rights.
This could involve commencing proceedings against another party or defending proceedings brought against you. We have experience in a wide variety of courts and tribunals, from the Local Court to the Federal Court.
Will I need to go to court for litigation?
Not necessarily. The aim of litigation is to resolve a dispute between the parties. Often disputes can be resolved through negotiation and mediation.
How can the Butlers civil and commercial litigation lawyers help?
Before taking action, we can assess the strength of your claim and discuss viable strategies to resolve the dispute and defend your interests. If the matter cannot be resolved between the parties, we can act for you in legal proceedings.
We can act for you in a variety of matters, including:
Commercial and contractual disputes
Misleading and deceptive conduct
Restraint of trade term disputes
Partnership and shareholders disputes
Building and construction disputes
Intellectual property disputes
Insolvency related claims
Property damage claims
If the matter goes to court, does the losing party pay the winner’s court costs?
Court cases can be time consuming and expensive. At the conclusion of a case, the losing party is often ordered to pay the costs of the other party. However, the costs ordered by the court are generally less than the total amount spent by the winning party. These are referred to as “ordinary” costs.
Award of costs depends on a number of factors including whether such an order is sought, the amount of the costs incurred, the complexity of the matter and the discretion of the judge. In some cases, costs awarded may be for the entire amount spent by the winning party. These are referred to as “indemnity” costs.
Indemnity costs will generally only be awarded in cases of improper conduct by the losing party, such as cases commenced or continued without reasonable prospects of success and cases involving an abuse of process.
After an order for costs is made, a specialist costs assessment lawyer may determine the amount. Costs assessors are lawyers who act independently to the parties in a dispute. They review costs incurred and the way a case was handled through the court process to determine the proper amount of costs based on an order for costs issued by the court.
The costs assessment process assures the parties that the final amount of costs payable has been independently verified, and the successful party is not improperly claiming an amount for costs incurred.
“My business specialises in recruiting healthcare workers for healthcare providers across Australia. When a client didn’t pay, I called Butlers Business Lawyers. I was impressed by the professional, business-like approach taken by the team. Following proceedings in the Local Court, I obtained a judgment against the debtor and was repaid for the full amount. Thank you, Butlers Business Lawyers!”