Commercial Litigation
Do you want to know that any dispute your business may face will be dealt with quickly? Do you want to avoid prolonged litigation where possible? If the answer’s yes (and why wouldn’t it be!), then we can help.
Getting the best outcome for you
With extensive experience in complex commercial litigation, Tan and Tan Lawyers will represent you or your company before all the Courts in Western Australia, including the Federal Courts, with rigor.
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Whether we need to litigate or negotiate on your behalf, we’ll work towards a successful outcome.
What services are included in commercial litigation?
Our commercial litigation experts can provide help with the following:
- Contract disputes
- Commercial property disputes
- Professional negligence
- Arbitration
- Administrative law
- Class actions
- Insolvency
- Competition and trade practices
- Employment and restraint of trade
- Directors and officers liability
- Intellectual property disputes
- Product liability
- A cost-effective service
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Our reputation for affordable fees makes this particular service extremely popular. With commercial litigation, you want to know that the legal costs are not going to be astronomical.
For cost-effective commercial litigation, choose Tan and Tan Lawyers today.
Commercial Litigation FAQ's
What types of commercial disputes can a litigation lawyer help with?
A commercial litigation lawyer can help with a wide range of business disputes, including contract disputes, commercial property disagreements, professional negligence claims, employment and restraint of trade matters, insolvency proceedings, competition and trade practices issues, directors and officers liability, intellectual property disputes, product liability claims, and class actions. The right approach depends on the nature and complexity of the dispute, whether resolution is best pursued through negotiation, arbitration, or formal court proceedings.
We have extensive experience handling complex commercial litigation and represent clients before all courts in Western Australia, including the Federal Courts. Our approach is to work towards a successful outcome by choosing the most effective and efficient path for each case, whether that means negotiating a settlement to avoid prolonged litigation or pursuing the matter rigorously through the courts when that is what the situation demands. Free initial advice is available by email, and low cost phone or Zoom consultations allow you to discuss your dispute and understand your options before committing to any course of action.
What should I do if another business has breached a contract with my company?
If another business has breached a contract, the first step is to obtain legal advice to assess whether the breach is material, what remedies are available to you, and what evidence you need to preserve. Acting quickly is important because delays can weaken your position, allow the other party to dissipate assets, and in some cases cause you to lose the right to certain remedies if the breach is treated as accepted through continued performance of the agreement.
We handle contract disputes across all industries and jurisdictions in Western Australia, and our first priority is always to establish whether the matter can be resolved efficiently through negotiation or alternative dispute resolution before committing to full court proceedings. Where litigation is necessary, we pursue it with rigour across all courts in Western Australia and the Federal Courts. Our reputation for affordable fees means that the cost of resolving the dispute does not become a second problem on top of the breach itself. You can contact us by email for free initial advice, or arrange a low cost phone or Zoom consultation to discuss the specifics of your situation.
Is it better to negotiate or go to court for a business dispute?
In most cases, negotiation or alternative dispute resolution such as mediation or arbitration should be explored before committing to court proceedings. Litigation can be effective when the other party is unwilling to negotiate in good faith, when urgent injunctive relief is needed, or when the amount in dispute or the principle at stake justifies the time and cost involved. However, going to court is typically slower, more expensive, and more unpredictable in outcome than a well managed negotiation or arbitration process.
Our approach is always to assess the dispute thoroughly and recommend the path that gives you the best chance of a successful outcome at the lowest reasonable cost. We have extensive experience in both negotiation and courtroom advocacy, and we are equally prepared to resolve a matter at the negotiation table or to litigate rigorously through to trial if that is what the circumstances require. Many of our clients come to us specifically because we are known for avoiding prolonged litigation where possible, which keeps costs manageable and allows businesses to focus on their operations rather than spending years in court. Free initial advice is available by email to help you understand which approach is right for your situation.
If you would like to learn more about the court system. Watch this video.
Can a former employee be stopped from competing with my business in Western Australia?
A former employee can potentially be prevented from competing with your business if they are bound by a valid restraint of trade clause in their employment contract. In Western Australia, restraint of trade clauses are enforceable to the extent that they are reasonable in scope, geographic area, and duration. Courts will assess whether the restriction goes no further than is necessary to protect the employer’s legitimate business interests, such as confidential information, client relationships, and trade connections.
If a restraint clause has been breached, urgent action is often required because the damage to your business compounds the longer the former employee is allowed to continue competing. We can advise on the enforceability of the clause, seek injunctive relief from the court to stop the competing activity while the matter is resolved, and pursue damages if the breach has already caused financial loss. Employment and restraint of trade matters are among the disputes we handle regularly, and we are experienced in obtaining urgent court orders when the situation demands speed. You can contact us by email or phone to discuss your situation, and we will advise on the strength of your position and the most effective course of action.
How much does commercial litigation cost in Perth?
The cost of commercial litigation varies significantly depending on the complexity of the dispute, the amount in contention, the number of parties involved, whether the matter can be resolved early through negotiation or alternative dispute resolution, and how far the case progresses through the court system. Simple disputes resolved at an early stage can cost a fraction of what a fully contested trial would involve, which is why the strategy chosen at the outset has a direct impact on the total cost.
We are known for providing cost effective litigation services, and our approach is designed to keep legal costs proportionate to the dispute. This means we actively look for opportunities to resolve matters efficiently rather than allowing them to escalate unnecessarily. When we take on a matter, we discuss the likely costs upfront so that you can make informed decisions about how to proceed, and we provide ongoing updates as the case develops. Free initial advice is available by email, and a low cost phone or Zoom consultation allows you to get a realistic assessment of both the merits of your case and the costs involved before committing to any course of action.
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