Are Restraint of Trade Clauses Enforceable?
One of the most important types of clauses found in most employment agreements utilised by Australian businesses are restraint of trade clauses.
Business Disputes
Unfortunately business disputes do arise. Protecting your business is of utmost importance and we are committed to ensuring the integrity of your business remains untouched.
How much do business lawyers cost?
Use our online calculator to estimate the cost of a business lawyer.
Cost of a Business LawyerBusiness disputes - Why you need a business lawyer
Offering strategic advice
Unfortunately, business does not always go to plan and both internal and external disputes are common. Disputes can arise in a variety of circumstances for a number of reasons. Whether you are a small or medium-sized business, we are well placed to provide you with the strategic advice you need to resolve any business disputes in a timely and cost-effective manner.
Providing support before the courts, tribunals and authorities
In the rare instance that reasoning and common sense cannot resolve a dispute, our team can support you before the various courts, tribunals and authorities throughout Australia. We will keep your best interests at the forefront of our approach so you can obtain the outcome that will best suit your business goals.
Protecting your business
number one goal when resolving business disputes is to ensure your business’ legal and financial health is protected so you do not lose all of the hard work you have placed into your business. Protecting your business is of utmost importance during the dispute resolution process, and we are committed to ensuring the integrity of your business remains untouched.
Informing you on possible risks
There is a degree of risk in being a party to a partnership as the actions of your partners can bind you to the payment of debts and expose you directly to liability. A lawyer will explain all of the possible risks associated with entering into a partnership agreement so you are well informed to make educated decisions moving forward with the agreement.
Frequently asked questions
There are multiple options available for resolving business disputes. These may include:
- ADR (alternative dispute resolution) which is processes such as mediation, arbitration and determination by an expert;
- Referring to an expert;
- Sending a letter of demand;
- Hiring a debt collector; or
- Making an appearance in court or at a tribunal.
- ADR (alternative dispute resolution) which is processes such as mediation, arbitration and determination by an expert;
- Referring to an expert;
- Sending a letter of demand;
- Hiring a debt collector; or
- Making an appearance in court or at a tribunal.
The option you choose to help resolve your business disputes will depend on the goal you wish to achieve. If you want to mend the business relationship you have with another individual, alternative dispute resolution would work best. However, if you want to claim money and finalise the contract and move on with your life, you may be more suited to a debt collection service, hiring a lawyer or taking your case to court.
If you are taking the matter to court, there are a range of documents relating to the business dispute that you should prepare for your attorney. These include:
- A list of written events in chronological order, such as what each party knew and when, and what the party did and why;
- Any copies of related contracts and amendments; and
- Any other supporting documents such as letters, emails, texts, photographs.
- A list of written events in chronological order, such as what each party knew and when, and what the party did and why;
- Any copies of related contracts and amendments; and
- Any other supporting documents such as letters, emails, texts, photographs.
Litigation cases often take between one and two years and commonly last even longer. The preliminary discovery stage alone (identifying the applicant’s cause of action against the defendant) generally takes six to 12 months, and most cases do not settle until this stage is complete.
The cost of mediation depends on each individual case. Factors that impact the cost include who is conducting the mediation and whether or not you are legally represented. There are some free mediation services, however the waitlist can be significant (three to six months). The cost of a private mediator depends on their experience and qualifications.
Solving disputes in mediation is much less expensive than going through the courts. Mediation is a low risk alternative that usually results in high rates of success. You can reach an agreement that benefits both parties rather than having a ‘winner’ and a ‘loser’. You have the guidance of a professional mediator to assist you in coming to an agreement. Parties can opt out of mediation at any time if they feel it is not working for their situation.
Useful resources
PROPERTY LAW
Continue reading >
PROPERTY LAW
A conflict of interest
Are real estate agents really working for you when selling your home? Their motivations and relationship with you can have a big impact on the outcome.
FAMILY LAW
Top 5 ways to divorce proof a business
When it comes to divorce and business ownership, there are ways that you can protect your business from property settlement during a divorce.
Why choose us
We will tell you the truth at all times
We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.
We will respect you and your situation
Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.
We will listen and understand your needs
We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.
We will stand by you all the way
Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.
We can help you through all aspects of business disputes
Forge Legal’s business lawyers are specialists in all areas of business law and can assist you with all business law matters.
Trusted by thousands of clients
I needed a business lawyer I could trust. And I trusted Forge completely.
Andrew Roberts
In our most stressful times Forge’s business lawyers guided us through.
Michael Whittington
I was surprised by Forge’s complete service. They were so much more than just great business lawyers.
Patricia White
Need to talk to a business lawyer?
Please contact us to find out more about how our award-winning and respected business lawyers can make a positive difference to your business.
Your enquiry is confidential