Dispute specialists.
Our exclusive focus.

Commercial litigation is the resolution of business disputes through the courts, tribunals or arbitration. It covers disputes between shareholders and partners, breaches of contract, claims against professional advisers, directors’ duties, insolvency claims, and disputes with regulators. It is distinct from transactional legal work in that the matter is already in dispute and the question is how it gets resolved.

Shareholder and partnership disputes, breach of contract claims, professional negligence claims against accountants, advisers and valuers, directors’ duty and oppression claims, insolvency and voidable transaction claims, debt recovery, construction and property disputes, franchise disputes, and misleading or deceptive conduct claims under the Australian Consumer Law.

As soon as a dispute looks like it will not resolve through ordinary commercial negotiation. Early advice protects your position on evidence, preserves privilege over your strategy, and often produces a better settlement than waiting until proceedings are on foot. Waiting until you are served is the most expensive way to start.

When should a business hire a litigation specialist vs a general lawyer?→

No. Most commercial disputes resolve without a hearing, through negotiation, a formal offer, mediation or arbitration. Court proceedings are one pathway rather than the default. What produces a good settlement is a case that is strong enough to run, which is why the preparation matters even when the intention is to settle.

It depends on the complexity, the forum, and how far the matter runs. A discrete contract dispute is a different proposition from a multi-party Federal Court proceeding with expert evidence. Aptum provides a stage-based cost forecast at the pathways assessment stage so you know what each phase costs before committing to it, and where a matter has strong prospects and adequate quantum, litigation funding may be available.

How much does a litigation lawyer cost in Australia?→

Most matters resolve at or before mediation, typically 12 to 18 months from filing. Matters that run to trial take longer. Urgent interlocutory relief, including injunctions and freezing orders, can be obtained in days where the facts warrant it.

How long does litigation take?→

Usually a portion, not all of it. The general rule in Australian civil litigation is that costs follow the event, meaning the unsuccessful party pays a contribution to the successful party’s costs. That contribution is typically 60 to 70 per cent of actual costs on the standard basis. Indemnity costs, which are closer to full recovery, are awarded in narrower circumstances including where a reasonable offer was rejected.

Can you recover your legal costs if you win a court case?→

Mediation is a facilitated negotiation where a neutral third party helps the parties reach their own agreement, and nothing is imposed. Arbitration is a private determination where an arbitrator decides the outcome and the award is binding and enforceable like a judgment. Litigation is the public court process. Many commercial contracts specify arbitration, which removes the choice.

Focus and seniority. Aptum runs litigation only, so every matter is led by a senior lawyer rather than delegated down through layers. Legal 500 placed Aptum in the top percentile for client satisfaction of all Australian firms.

A free, no-obligation first meeting with the practice lead who would run your matter. You set out what has happened and what you want, and Aptum tells you whether the claim is realistic on your facts, what the time limits are, and what the pathway looks like. If it does not make commercial sense to run the matter, we say so.