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Commercial Litigation

Fair Trading Claims

Both state and federal legislation regulate the promises made in the supply of goods and the performance of services, and the minimum standard of quality for those goods and services. If the quality falls below the standard prescribed by the legislation, or any promise made in the course of business turns out to be false, the victim may be entitled to compensation for loss suffered.

Employment Related Disputes

The employment relationship is a special kind of contract. The employee promises to provide his or her labour to the best of their ability, and in return, the employer promises to pay for the labour provided. However, the relationship does not stop there. The employer also has obligations to provide a safe environment for the employee, while the employer implicitly promises to provide loyalty and confidentiality. The law has mechanisms for enforcing all of these promises between employer and employee.

Construction And Building Disputes

This is a complex area of law, involving regulation both by state legislation, as well as decisions of the courts. Contractors and sub-contractors promise to perform work, in return for payment. Disputes most often arise when the quality of the work performed is alleged to be sub-standard, or there is a failure to pay the contractor for the work performed. Additional complexity can arise when the contractor is paid, but the money is not passed on to the sub-contractor. This raises the problem of how the sub-contractor can recover payment for work performed.

Commercial And Contractual Disputes

All commercial agreements involve promises to perform some action, whether delivery of a product, performance of a service, or payment of a fee. If either party defaults on their obligations under an agreement, it may be necessary to use the courts’ processes to enforce those obligations. That may take the form of a direction by the court to do or refrain from doing something, or simply paying a sum of money as compensation for the failure to fulfil a promise.

Director And Shareholder Disputes

Companies are governed by their own internal rules, as well as statutory rules that regulate the conduct of both directors and shareholders. Sometimes, however, minority shareholders may disagree with the majority as to the manner in which a company is managed. All shareholders and directors of companies have the right to be heard in the management of a company, and to have the opportunity to ensure that their interests are as effectively protected as those of the majority. The resolution of these disputes is a matter of selecting the appropriate rules from the company’s own constitution or statute, to ensure that all involved in a company are treated fairly.

Partnership Disputes

Partnership is a much less formal, but more cost-effective means of engaging in business than through a company. Partnerships are, as a consequence, less highly regulated than the management of companies. The resolution of disputes as to the management and future of partnerships will often draw together various areas of law, such as contract, trusts, equity and even torts.

Intellectual Property Law

All creativity deserves to be rewarded. That is what is intended by intellectual property law. The law rewards creativity by granting exclusive legal rights to exploit a design, invention or creative work. Intellectual property covers a very wide range of fields, such as the creative arts, protected by copyright law and design rights, to inventions, which are protected by patents, and trade marks, which protect business names and logos. Intellectual property rights are protected by both statute law and the common law.

Insolvency

At some point many of us come under heavy financial pressure. Insolvency law is the area of law which deals with arranging the affairs of those who are in substantial debt. The law provides options for debtors, such as bankruptcy and binding financial compromises. There are also options for creditors, which also includes bankruptcy, and the sale of assets.

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