Commercial Disputes Lawyers Melbourne

How we help

How we help with commercial disputes

Every commercial dispute is, at its heart, a business problem before it is a legal one. So we start with the outcome you actually want — money recovered, a contract enforced, a partnership unwound, a relationship preserved — and work back from there. Often the fastest, cheapest path is a well-drafted letter of demand, a frank negotiation, or mediation. We'll tell you honestly when that's the case, rather than reaching for litigation by reflex.

When the other side won't engage, or the amount or principle warrants it, we're ready to act. We can issue proceedings in the appropriate forum — from the Magistrates' Court for smaller claims, through to the County and Supreme Courts of Victoria for larger or more complex disputes — and run the matter through to judgment if needed. Throughout, you'll get plain-English advice on your prospects, the likely cost, and the commercial trade-offs, so the decisions stay yours.

Pasha Legal in Melbourne's legal precinct

What we can help with

Practical help across commercial disputes

We act for sole traders, family businesses, SMEs and company directors across Melbourne's east and beyond. Common matters include:

Contract disputes & breach of contract

Where a supplier, customer or contractor hasn't done what they agreed — late, defective, incomplete or non-existent performance. We assess the contract, your rights and remedies, and the most commercial way to enforce them.

Debt recovery & recovering money owed

Chasing unpaid invoices and overdue accounts — starting with a formal letter of demand, then proceedings or a statutory demand where a company won't pay, so you recover what you're owed without throwing good money after bad.

Partnership & shareholder disputes

Fallouts between business owners, directors or shareholders — deadlocks, exits, buy-outs and oppression claims. We work to resolve them fairly and, where possible, in a way that lets the business keep operating.

Letters of demand

A clear, professionally drafted demand that sets out the claim, the basis for it and the consequences of inaction. In many disputes a strong demand is enough to prompt payment or settlement without a single court date.

Negotiation & mediation

Most commercial matters settle. We lead negotiations and represent you at mediation to land a result that's faster, cheaper and more certain than a trial — keeping the commercial relationship intact where you want it preserved.

Commercial litigation

When a matter must be fought, we run it in the right court — Magistrates', County or Supreme Court of Victoria — and brief experienced barristers where the stakes call for it. We keep you informed and the strategy commercial at every stage.

Contract disputes Debt recovery Breach of contract Partnership & shareholder disputes Letters of demand Negotiation & mediation Commercial litigation

How it works

A clear path, start to finish

No surprises, no jargon — just a straightforward way to get your dispute moving.

Initial consultation

Tell us what's happened and bring the key documents — the contract, invoices, emails or messages. We'll listen, ask the right questions and give you an honest first read on where you stand and your options.

Clear plan & costs

We set out a practical strategy — demand, negotiate, mediate or litigate — with the likely steps, timeframes and a clear estimate of costs up front. You'll understand the commercial trade-offs before you commit a dollar.

We act for you

We do the work — drafting demands, running negotiations, appearing at mediation, and conducting the litigation if it comes to that. You stay informed and in control, and we push for the most commercial result available.

Common questions

Commercial disputes — your questions answered

General information about how commercial disputes work in Victoria. It isn't legal advice — for advice about your situation, please get in touch.

Do I have to go to court to resolve a commercial dispute?

No — and most commercial disputes never reach a final hearing. The majority are resolved through a letter of demand, direct negotiation or mediation. Courts in Victoria actively encourage parties to try to settle before trial, and litigation is usually the most expensive and slowest option. We treat court as a tool of last resort, used when the other side won't engage reasonably or the amount or principle justifies it.

Someone owes my business money and won't pay — what can I do?

The usual first step is a formal letter of demand setting out the debt, the basis for it and a deadline to pay. If that's ignored, the next step depends on the debtor. For an individual or a smaller debt, you may issue proceedings in the Magistrates' Court of Victoria (which handles claims up to $100,000). Where the debtor is a company and the debt is undisputed and over the statutory threshold, a creditor's statutory demand under the Corporations Act can be a powerful tool. We'll advise which path gives you the best chance of actually recovering the money, not just a judgment on paper.

How long do I have to bring a claim?

In Victoria, most claims for breach of contract or to recover a debt must be brought within six years of the date the cause of action arose — generally the date of the breach or when the debt fell due — under the Limitation of Actions Act 1958 (Vic). Some matters have shorter or different limitation periods. Because losing your rights to a deadline is avoidable but final, it's worth getting advice early rather than letting time run.

My business partner and I have fallen out. What are my options?

That depends on how the business is structured and what your agreement says. With a company, a shareholders' agreement or the company's constitution often sets out how disputes, exits and buy-outs are handled, and shareholders may have remedies for oppressive conduct under the Corporations Act. With a partnership, the partnership agreement and the Partnership Act 1958 (Vic) govern. Options range from a negotiated buy-out, to mediation, to court if needed. We aim to resolve these fairly and, where it's viable, in a way that keeps the business running.

What will a commercial dispute cost me?

It varies with the complexity and how far the matter runs. A letter of demand is relatively inexpensive; a contested trial is not. We give you a clear cost estimate up front and update it as the matter develops, so you can weigh the likely cost against what's at stake. If you succeed in litigation, a court may order the other side to pay a portion of your legal costs, but rarely all of them — which is another reason early, commercial resolution usually serves you best.

Should I keep dealing with the other side directly?

Be careful. It's fine to keep communicating professionally, but emails, messages and admissions made in the heat of a dispute can later be used as evidence. As a general rule, keep records of everything, avoid threats or anything that could be misread, and don't sign or agree to anything significant without advice. The sooner you speak with us, the more options we can preserve for you.