Portrait of Aaron Stewart, Civil Litigation, criminal law laywer & Dispute Lawyer sitting on desk

Commercial Litigation

“Commercial litigation refers to legal disputes that arise in the context of business activities. It involves conflicts between companies or individuals related to contracts, partnerships, intellectual property, employment, and more. The process includes filing a complaint, discovery, negotiation, trial, and potentially appeals.”

Aaron Stewart

Principal Solicitor & Legal Practice Director

At AKS Law

We Understand
Commercial Litigation

Are you facing complex legal disputes in the business world? Look no further. AKS Law is here to guide you through the intricate landscape of commercial litigation. Our experienced team of legal experts specialises in handling a wide range of commercial disputes and is dedicated to protecting your interests.

No Matter your issue, we can handle it

What kind of matters are contained in commercial litigation?

We can help you with a wide range of matters, including:

Defamation

In today’s interconnected world, reputation plays a crucial role in personal and professional success. However, false statements, malicious rumours, and harmful online content can tarnish an individual’s or a business’s reputation, leading to significant damages. When faced with the challenging situation of defamation, seeking expert legal guidance is essential to protect your rights and restore your reputation.

In today’s interconnected world, reputation plays a crucial role in personal and professional success. However, false statements, malicious rumours, and harmful online content can tarnish an individual’s or a business’s reputation, leading to significant damages. When faced with the challenging situation of defamation, seeking expert legal guidance is essential to protect your rights and restore your reputation.

Employment Law

Unfortunately, employment law matters are often affected by and layered with discrimination. You may know that employers have an obligation to provide a workplace that is free from harassment and discrimination, however, this is commonly not the case. As workplace bullying and harassment lawyers, we have your best interest in mind.

Unfortunately, employment law matters are often affected by and layered with discrimination. You may know that employers have an obligation to provide a workplace that is free from harassment and discrimination, however, this is commonly not the case. As workplace bullying and harassment lawyers, we have your best interest in mind.

Business Disputes

Business disputes are an inevitable part of the corporate landscape, arising from various factors such as contractual disagreements, partnership disputes, intellectual property conflicts, or employment issues. These disputes can disrupt operations, strain relationships, and lead to financial losses if not handled properly. When faced with a business dispute, it is essental to seek expert legal assistance to find efficient and equitable solutions.

Business disputes are an inevitable part of the corporate landscape, arising from various factors such as contractual disagreements, partnership disputes, intellectual property conflicts, or employment issues. These disputes can disrupt operations, strain relationships, and lead to financial losses if not handled properly. When faced with a business dispute, it is essental to seek expert legal assistance to find efficient and equitable solutions.

Bankruptcy, Insolvency & Reconstruction

Financial distress can be a harrowing experience for individuals and businesses alike. When faced with overwhelming debt and the threat of insolvency, it is essential to seek expert legal counsel to navigate the complex landscape of bankruptcy, insolvency, and reconstruction. Bankruptcy, insolvency, and reconstruction are legal processes designed to address financial crises and provide relief to debtors.

Financial distress can be a harrowing experience for individuals and businesses alike. When faced with overwhelming debt and the threat of insolvency, it is essential to seek expert legal counsel to navigate the complex landscape of bankruptcy, insolvency, and reconstruction. Bankruptcy, insolvency, and reconstruction are legal processes designed to address financial crises and provide relief to debtors.

Breach of Contract

Contracts form the foundation of business relationships, outlining the rights and obligations of parties involved. However, breaches of contract can occur, jeopardising the trust, financial stability, and operational efficiency of all parties. When faced with a breach of contract, seeking professional legal guidance is crucial to protect your rights and seek appropriate remedies.A breach of contract occurs when one party fails to fulfill its contractual obligations, whether partially or entirely, without legal justification.

Contracts form the foundation of business relationships, outlining the rights and obligations of parties involved. However, breaches of contract can occur, jeopardising the trust, financial stability, and operational efficiency of all parties. When faced with a breach of contract, seeking professional legal guidance is crucial to protect your rights and seek appropriate remedies.A breach of contract occurs when one party fails to fulfill its contractual obligations, whether partially or entirely, without legal justification.

Company, Trust, Partnership/Director Disputes

Business disputes are an inevitable part of the corporate landscape, arising from various factors such as contractual disagreements, partnership disputes, intellectual property conflicts, or employment issues. These disputes can disrupt operations, strain relationships, and lead to financial losses if not handled properly. When faced with a business dispute, it is essental to seek expert legal assistance to find efficient and equitable solutions.

Business disputes are an inevitable part of the corporate landscape, arising from various factors such as contractual disagreements, partnership disputes, intellectual property conflicts, or employment issues. These disputes can disrupt operations, strain relationships, and lead to financial losses if not handled properly. When faced with a business dispute, it is essental to seek expert legal assistance to find efficient and equitable solutions.

Property Disputes

Property disputes arise when there is a conflict over the ownership, use, or boundaries of a property. These conflicts can involve residential, commercial, or even agricultural properties, and they may stem from a variety of reasons such as unclear property titles, inheritance disputes, breach of contracts, zoning disagreements, or landlord-tenant issues. Property disputes are not only financially draining but can also have a signifanct impact on the emotional well-being of those involved. They can strain relationships, disrupt business operations, and result in substantial losses if not handled properly. Therefore, seeking legal counsel from an experienced law firm like AKS Law is crucial to ensure a fair and efficient resolution.

Property disputes arise when there is a conflict over the ownership, use, or boundaries of a property. These conflicts can involve residential, commercial, or even agricultural properties, and they may stem from a variety of reasons such as unclear property titles, inheritance disputes, breach of contracts, zoning disagreements, or landlord-tenant issues. Property disputes are not only financially draining but can also have a signifanct impact on the emotional well-being of those involved. They can strain relationships, disrupt business operations, and result in substantial losses if not handled properly. Therefore, seeking legal counsel from an experienced law firm like AKS Law is crucial to ensure a fair and efficient resolution.

Debts

Debt recovery is a crucial aspect of financial management for individuals and businesses. Unpaid debts can significantly impact cash flow, hinder growth, and create financial instability. Debt recovery involves the process of pursuing and collecting outstanding debts from individuals or businesses who have defaulted on their payment obligations. Debt recovery can be a complex and time-consuming endeavour, requiring a thorough understanding of relevant laws, negotiation skills, and the ability to navigate legal procedures.

Debt recovery is a crucial aspect of financial management for individuals and businesses. Unpaid debts can significantly impact cash flow, hinder growth, and create financial instability. Debt recovery involves the process of pursuing and collecting outstanding debts from individuals or businesses who have defaulted on their payment obligations. Debt recovery can be a complex and time-consuming endeavour, requiring a thorough understanding of relevant laws, negotiation skills, and the ability to navigate legal procedures.

Leasing Disputes

Retail leasing disputes frequently arise from disagreements between a tenant (lessee) and a landlord (lessor) about a retail shop lease. While the dispute is ongoing, there can be detrimental effects to the trading and business operations of the parties. Unfortunately, even in the situation where the landlord and tenant wish to resolve the dispute efficiently and without litigation, this is not always the case or best option. The Retail Shop Leases Act 1994 (Qld) was formed with the purpose of providing a low cost, streamlined dispute resolution process for the parties.

Retail leasing disputes frequently arise from disagreements between a tenant (lessee) and a landlord (lessor) about a retail shop lease. While the dispute is ongoing, there can be detrimental effects to the trading and business operations of the parties. Unfortunately, even in the situation where the landlord and tenant wish to resolve the dispute efficiently and without litigation, this is not always the case or best option. The Retail Shop Leases Act 1994 (Qld) was formed with the purpose of providing a low cost, streamlined dispute resolution process for the parties.

Building & Construction Disputes

Disputes among company stakeholders, partners, and directors can have significant consequences, jeopardising the smooth operation and growth ofa business. When conflicts arise, it is crucial to seek expert legal guidance to navigate the complexities of company, partnership, and director disputes. Company, partnership, and director and disputes can arise due to various factors, including disagreements over management decisions, breach of fiduciary duties, disputes regarding profit distribution, violations of shareholder agreements, or conflicts of interest. These disputes can be disruptive, leading to financial losses, damaged reputations, and legal battles.

Disputes among company stakeholders, partners, and directors can have significant consequences, jeopardising the smooth operation and growth ofa business. When conflicts arise, it is crucial to seek expert legal guidance to navigate the complexities of company, partnership, and director disputes. Company, partnership, and director and disputes can arise due to various factors, including disagreements over management decisions, breach of fiduciary duties, disputes regarding profit distribution, violations of shareholder agreements, or conflicts of interest. These disputes can be disruptive, leading to financial losses, damaged reputations, and legal battles.

At AKS Law We Understand

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At AKS Law Brisbane, We understand. Get in touch with the AKS Law team today and let us help you navigate the legal landscape with confidence and peace of mind.
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Learn More About Commercial Litigation

Frequently Asked Questions

It’s important to learn as much as you can about Commercial Litigation & Leasing Disputes before entering into official proceedings.

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When the dispute between a retail shop owner and the landlord can’t be resolved, it is common practice for the parties to engage in non-compulsory conference mediation shortly after filing a notice at the Queensland Civil and Administrative Tribunal.

The Tribunal nominates a mediator, an independent accredited person with experience in resolving this type of dispute. Mediation remains a more cost effective and faster process aimed at achieving mutually satisfactory resolution.

Having a lawyer at the Tribunal is not a given and Solicitors at mediation are usually regulated tio providing advice on complex areas of law or the proposed agreement.  In the situation where there is a power or leverage disparity between a landlord and tenant for example where the landlord is a large company and the tenant is an individual, small business or company, the Tribunal may grant leave for a solicitor to appear for the tenant.

Retail leasing disputes frequently arise from disagreements between a tenant (lessee) and landlord (lessor) about a retail shop lease. While the dispute is ongoing, there can be detrimental effects to the trading and business operations of the parties.

Unfortunately, even in the situation where the landlord and tenant wish to resolve the dispute efficiently and without litigation, this is not always the case or best option. The Retail Shop Leases Act 1994 (Qld) was formed with the purpose of providing a low cost, streamlined dispute resolution process for the parties. The common types of disputes often include:

  • A lessee making unauthorised alterations to the premises;
  • the lessor failing to carry out repairs or maintenance work on the premises;
  • the lessor misrepresenting advertising, competition, fit-out, or visibility during lease negotiations;
  • disruption to the lessee’s business (e.g., works in adjoining premises owned by the same lessor or relocating a tenant from one premises to another);
  • subleasing or reassignment of the lease
  • lease outgoings
  • the lessor of a retail lease providing misleading information in the disclosure statement;
  • notices for breaches of the lease including failure to pay rent,
  • the lessee causing damage to the property or failing to pay rent as agreed;
  • the lessee failing to maintain the property or return it to the state required at the end of the lease
  • legal costs and disputes

Commercial leases frequently allocate a clause for rent increase. This is usually represented by a fixed percentage increase by referring to CPI increase of review market. Parties to the lease must review this clause carefully to ensure the correct law is applied and correct. Retail leases on the other hand, are subject to markets reviews which are to be carried out by specialist retail valuers which can be challenged.

No matter the type of lease the first step is to check the relevant clause in your lease for any rental increase terms. If a dispute arises there are arises the correct notice must be issued. This is a complex area of law requiring the skills of an experienced dispute resolution solicitor.

Leases usually give the lessor the right to terminate a lease resulting from a breach of an essential term or covenant by the lessee. Essential terms and covenants differ for each lease for both retail or commercial leases but commonly relate to failure to pay rent and outgoings, damage to the premises or failure to carry out maintenance. A Lessor issues the lessee with a notice to remedy breach of covenant before the lease can be terminated.

Generally, the obligations of a landlord to a commercial or retail property relate to maintenance and repair of the premises which is set out in the lease. Most leases will show the lessee is responsible for the premises frequently relating to walls, fixtures and inclusions and floors. The landlord requires the lessee to maintain and repair the premises for the duration of the lease.

The landlord is typically responsible for maintaining and repairing major structural aspects of the building such including the building systems, roof, common areas, lifts, air conditioning, cool rooms, wall partitioning and heating fixtures. Each clause in the lease should be carefully drafted in a clear manner to avoid disputes between the parties. Commercial leases are frequently silent on terms relating to cool rooms and air conditioning.

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Check Out Our Other Services

Civil Litigation

Civil litigation refers to the legal process used to resolve conflicts between individuals or entities outside of criminal cases. It involves various civil matters such as personal injury, property disputes and contracts.

Employment & Discrimination

Employment and discrimination law govern the employer-employee relationship, ensuring fairness and equal opportunities at work. It covers hiring, working conditions, wages, promotions, and termination.

Criminal Law

Criminal law, from the perspective of defendants, refers to the body of laws and regulations that govern the rights, obligations, and protections afforded to individuals who have been accused of committing a crime.

QCAT

QCAT is an independent tribunal in Queensland, Australia, providing an accessible alternative to court for resolving civil and administrative disputes like tenancy and consumer claims.

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