Commercial Litigation Lawyers and Solicitors in Sydney

Commercial litigation concerns disputes between businesses, or between businesses and their owners, directors, investors and regulators. Typical matters include breach of contract, shareholder and director disputes, oppression claims under the Corporations Act 2001 (Cth), misleading or deceptive conduct under the Australian Consumer Law, restraints and confidential information, partnership and joint venture breakdowns, and enforcement of guarantees and security. Urgent injunctions to preserve assets or stop conduct are also common.

Where commercial disputes are heard

The Supreme Court of New South Wales has specialist lists in its Equity Division, including the Commercial List, the Corporations List and the Technology and Construction List, which are designed to manage business cases actively. The Federal Court of Australia hears matters under federal corporations, competition, consumer and intellectual property laws, and has a Commercial and Corporations national practice area. Lower-value claims proceed in the District Court. Some contracts require arbitration, governed in New South Wales by the Commercial Arbitration Act 2010, instead of court.

Cost and funding considerations

Commercial cases can be expensive. Parties may be ordered to pay a portion of the other side's costs, and a court can require security for costs from a plaintiff that may be unable to pay if it loses. Commercial litigation funders sometimes finance large claims in return for a share of any recovery, and solicitors can explain how those arrangements work. The Legal Profession Uniform Law limits the types of fee arrangements solicitors may offer.

Legal aid

Legal Aid NSW does not fund commercial disputes. The NSW Small Business Commissioner offers a free mediation service for eligible small business disputes, which can be a first step before court.

What to bring to a first meeting

• The contract, deed or shareholder agreement in dispute, with all variations
• Key correspondence, in date order
• Financial records showing the loss or amount claimed
• Any demand, notice of breach or insolvency document received
• Details of insurance that might respond

Checking credentials

A solicitor must hold a current practising certificate, confirmed on the Law Society of NSW register. Senior and junior counsel are listed by the NSW Bar Association.

The firms below act in the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches, with the court lists themselves located in the city.

The listings below are alphabetical and are not ranked.

Common questions

What is an oppression claim?

Under section 232 of the Corporations Act 2001, a member of a company can apply to the court if the company's affairs are being conducted in a way that is oppressive, unfairly prejudicial or unfairly discriminatory, or contrary to the interests of members as a whole. The court has wide powers, including ordering a buy-out or winding up the company.

What is an interlocutory injunction?

It is a temporary court order made before the final hearing to preserve the position of the parties, such as stopping a competitor using confidential information or freezing assets. The applicant generally must show a serious question to be tried and that the balance of convenience favours the order, and may have to give an undertaking as to damages.

Can a business recover legal costs if it wins?

Usually the unsuccessful party is ordered to pay a portion of the successful party's costs, but not all of them. The amount recovered is assessed on a standard basis, or, in some cases, an indemnity basis. A court can depart from this where an offer of compromise was made and rejected, or where parties behaved unreasonably.