Commercial Disputes
An overhauled approach to dispute resolution deployed across some of Australia's most complex commercial litigation matters.
Commercial disputes practice overview
Aptum are specialists in helping clients resolve commercial disputes, and experts in getting the best outcomes from litigation.
With a seasoned group of solicitors, barristers, business directors and commercial experts, Aptum has the technical commercial knowledge to deliver winning outcomes across a range of industries.
Where in the dispute are you?
Most people who land on this page don't yet know which practice area their matter falls into. The right Aptum service depends on the specific facts and the counterparty. Use the router below to find the right starting point.
"My business partner and I can't agree on how to run the company."
Shareholder oppression, unfair prejudice, deadlock, forced buy-out, partnership dissolution. Start here: Shareholder and Partnership Disputes.
"A professional (accountant, lawyer, valuer, financial adviser) gave me negligent advice that cost me money."
Standard-of-care failures by expert professionals that caused a real loss. Start here: Professional Negligence.
"I'm in a dispute with a bank, adviser, fund manager, ASIC or AFCA."
Financial services, securities, and Corporations Act misleading conduct matters. Start here: Financial Services and Securities Litigation.
"I have a property, lease, joint venture or development dispute."
Sale of land, commercial leases, easements, caveats, mortgagee sale, JV disputes. Start here: Property Litigation.
"The contract has an arbitration clause and a dispute has arisen."
Domestic and international commercial arbitration, ACICA, SIAC, enforcement of awards. Start here: Arbitration.
"I'm a director facing an allegation, an ASIC notice, or a liquidator claim."
Directors duties (s180-183), insolvent trading, safe harbour, fiduciary breach, ASIC investigations. Start here: Corporations Law and Directors Duty Disputes.
"Someone owes me a substantial commercial debt they won't pay."
Statutory demands, winding-up, personal guarantees, freezing orders, preference defence. Start here: Complex Debt Recovery.
"I have a family trust, estate, SMSF death benefit or family business succession dispute."
Family provision, testamentary trust challenges, trustee removal, breach of trust. Start here: Trusts + Estates Litigation.
"A government regulator has served me with a notice or started an investigation."
ASIC, ACCC, APRA, AUSTRAC, judicial review, ART appeals, civil penalty defence. Start here: Government + Regulatory Litigation.
"There's a class action against my company, or I want to bring or fund one."
Part IVA Federal Court proceedings, Group Costs Orders, shareholder and consumer class actions. Start here: Class Action Disputes.
"There's a senior executive exit, restraint of trade issue, or adverse action claim."
Executive employment matters at the complex end of the market. Start here: Employment Disputes.
Not sure? Book a free value conversation. We sort out the right practice area in the first meeting.
What Aptum brings to commercial disputes
Nigel Evans
Nigel Evans, Aptum's Managing Director and Co-Founder, leads Aptum's commercial disputes practice. Before founding Aptum, Nigel spent 11 years at the commercial Victorian Bar, running complex commercial matters across shareholder disputes, corporate governance, financial services, property, arbitration and regulator investigations. He is listed in Best Lawyers in Australia for Commercial Litigation (2026) and recognised by Doyle's Guide as a Leading Commercial Litigation and Dispute Resolution Lawyer.
David Adason
Nigel is supported by David Adason, Aptum's Associate Director. David has practised commercial litigation exclusively across his career, including a period as Associate to a Justice of the Federal Court of Australia. Doyle's Guide has recognised David as a Rising Star in Commercial Litigation and Insolvency Law. David architected Aptum's project management framework, which runs every commercial matter under a documented timetable with stage-based budgets and regular reporting.
That combination of Bar advocacy and Federal Court practice depth is the substantive engine of the commercial disputes practice.
Commercial focus, litigation-only
Aptum is a litigation-only firm. We don't do transactions, we don't do routine advisory, we don't compete for the general-counsel work that big commercial firms rely on for base revenue. Every matter we run is a dispute. That focus is what allows the specialist practice architecture and the project management discipline that runs through every engagement.
Boutique cost model against big-firm depth
Commercial disputes at the substantive end have historically been the exclusive territory of top-of-town commercial firms, with the billing model that comes with that. Aptum is one of a small number of Australian boutiques that can go toe-to-toe with big commercial firms on complex matters, without the leverage-driven billing that inflates the cost of the fight.
Cross-cluster capability
Most Australian commercial disputes at the complex end don't stay inside a single practice area. A shareholder dispute becomes a directors duties claim. A property JV dispute becomes an oppression claim. A regulator investigation runs alongside a class action. Aptum's 11 commercial service areas are connected practices, not silos, and matters run in coordination across them.
What makes Aptum different
Specialist expertise
All we do is litigate complex commercial and tax disputes.
Legal intelligence framework
Practical, ongoing risk assessment to focus on the essential.
Project management framework
Routine documented strategy through custom project management.
What clients say
"Prior to using Aptum Legal we had a different team assisting with a critical dispute that was significantly impacting our business operations. Once Aptum Legal took over I was instantly put at ease with the level of professionalism, strategy coherence and competency that the team brought to our case."
"Nigel Evans, with David Adason and the Aptum team, are among Claim Funding Australia's most highly valued and trusted collaborators. Nigel and the team wield a significant power to weight ratio and deliver a sophisticated and highly effective method to litigation and dispute resolution."
"The result Aptum achieved for me was exceptional. I have no criticisms. I hope not to require Aptum's services again, but if I do, I would, without question, instruct them."
How a commercial dispute actually moves
Most commercial disputes follow a predictable shape. Knowing the shape helps you work out where you are, where you're heading, and what the right move is at each step.
Early engagement
The dispute has arisen but proceedings haven't started. The commercial relationship is under strain but not yet broken. Early engagement is the cheapest stage to resolve a matter. Options at this stage include letters of demand, without-prejudice negotiation, mediation, and (where appropriate) structured settlement discussions.
Formal exchange
Letters of demand, statutory notices, replies, and pre-action correspondence. The record built at this stage often shapes the way a court sees the parties later, so the tone and substance of the exchange matters.
Proceedings filed
Statement of claim filed and served. Case management begins. Discovery, interrogatories, expert evidence, and interlocutory applications follow. Most commercial matters spend most of their calendar time here.
Mediation or settlement conference
The court almost always orders the parties to mediate before trial. Most commercial matters settle at or shortly after mediation. The settlement leverage comes from a defensible pleaded case and mature evidence, not from wanting to settle.
Hearing and judgment
Where the matter does not resolve, it runs to trial and judgment. Appeals to the Court of Appeal or the Federal Court (Full Court) follow if there is a question of law.
Running alongside all of this
Regulator involvement (ASIC, ACCC, AUSTRAC, APRA), insolvency risk affecting the counterparty, parallel criminal referral, and D&O insurance coordination are all common overlays that shape how the substantive matter runs.
Our commercial disputes services
Shareholder and Partnership Disputes
Oppression, unfair prejudice, deadlock, buy-out valuation, partnership dissolution, statutory derivative actions.
Professional Negligence
Claims against negligent accountants, auditors, financial advisers, lawyers, valuers, engineers, and other expert professionals.
Financial Services and Securities Litigation
Banking, investment, PDS and prospectus claims, AFCA challenges, ASIC and APRA disputes, FS Corporations Act matters.
Property Litigation
Sale of land, commercial and retail leases, caveats, easements, JV disputes, mortgagee sale, adverse possession.
Arbitration
Domestic and international commercial arbitration, ACICA, SIAC, expert determination, award enforcement and set-aside.
Corporations Law and Directors Duty Disputes
Directors duties (s180-183), insolvent trading, safe harbour, fiduciary breach, ASIC civil penalty defence.
Complex Debt Recovery
Statutory demands, winding-up, personal guarantees, freezing orders, preference defence, cross-border enforcement.
Trusts + Estates Litigation
Family provision claims, testamentary trust challenges, trustee removal, breach of trust, SMSF death benefits, farming succession.
Government + Regulatory Litigation
ASIC, ACCC, APRA, AUSTRAC and ATO investigations, judicial review, ART appeals, civil penalty defence.
Class Action Disputes
Part IVA Federal Court proceedings for claimants, respondents and litigation funders. Shareholder, consumer, super, ESG.
Employment Disputes
Senior executive exits, restraint of trade enforcement, adverse action claims, bonus and equity disputes.
What's changing in commercial disputes right now
The commercial disputes landscape shifts. Knowing what's changing helps you weigh up the options on your matter.
Regulator enforcement has restarted
ASIC, ACCC, APRA and AUSTRAC have all restarted heavy civil penalty enforcement after several quieter years. The Financial Accountability Regime commenced for banks in 2024 and extends to insurers and superannuation in 2025. Regulator matters that would have been resolved by letter three years ago are now regularly running to contested proceedings.
Class actions economics have shifted
Victoria's Group Costs Order regime (2020) has made the state a leading plaintiff jurisdiction. The 2021 continuous disclosure reforms have made shareholder class actions harder for plaintiffs to run. ESG and greenwashing class actions are the emerging growth category.
The Administrative Review Tribunal replaced the AAT
The transition took effect in October 2024. Substantive review of federal administrative decisions is bedding in under the new procedure.
Litigation funding remains active
The commercial-scale litigation funder market in Australia is mature, and funder-backed matters continue to make up a substantial proportion of high-value commercial claims. Aptum works with the leading Australian funders on both claimant matters and funder-side portfolio advisory.
Insolvency risk has re-emerged
Post-COVID, the number of company failures has climbed back to pre-pandemic levels. Preference clawback claims, safe harbour disputes, and personal guarantee enforcement are all running actively.
Thinking on commercial disputes
Aptum's commercial disputes team publishes regularly on the issues that decide matters. The most-read pieces are usually the most useful starting points.
What to expect in litigation, 6 simple stages for resolving commercial disputes
A guide to understanding the litigation process focused on the purpose of each step.
The Aptum commercial disputes team
Aptum's commercial disputes practice is led by Nigel Evans, Managing Director and Co-Founder, a former barrister with 11 years at the commercial Victorian Bar and recognition in Best Lawyers in Australia for Commercial Litigation (2026) and Doyle's Guide as a Leading Commercial Litigation and Dispute Resolution Lawyer.
Nigel is supported by David Adason, Associate Director, whose commercial litigation career includes a period as Associate to a Justice of the Federal Court of Australia, and who is recognised by Doyle's Guide as a Rising Star in Commercial Litigation and Insolvency Law.
Get clarity on your commercial dispute
If you have a commercial dispute and you're not sure whether you need a lawyer, an accountant, or just a phone call, the cheapest way to find out is the free value conversation.
You tell us what has happened. We tell you whether the matter needs lawyer-led handling, what your options are, and what to expect on cost if you engage us. There's no obligation and the conversation is free.
Call (03) 7020 9230.
Book your value conversation