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Commercial Disputes

Commercial disputes. Mildwaters Lawyers Kadina South Australia. Image: Trust Yer Neighbor But Brand Yer Cattle by Wesley Fryer via Flickr.

The list of commercial disputes that can arise is endless, but our approach in each case is essentially the same.

Commercial disputes are best resolved if you can obtain legal advice and then engage in negotiations and managed mediation to sort out the problem.

Litigation should be your last resort as it is expensive both emotionally and financially.

The types of commercial disputes that we have been involved in include:

  • Managing and resolving farming partnership disputes involving numerous partners sorting out both farm trading issues and land ownership issues
  • Dealing with a problem with a supplier who had not supplied the goods that they contracted to supply
  • Assisting a client to deal with a disgruntled Vendor and to retrieve their deposit from the real estate agent after the contract was properly terminated and the Vendor refused to allow the real estate agent permission to release the deposit
  • Instituting District Court proceedings to recover monies misappropriated by an employee of a business client
  • Resolving a dispute that arose after a sale of business
  • Dealing with a dispute between a former Lessor and Lessee where the amount due to be paid by the Lessee was in dispute and the Lessor attempted to retain goods owned by the Lessee as compensation
  • Helping facilitate the peaceful termination of a business partnership where the parties business relationship had broken down and was no longer workable.

We have extensive experience in dealing with commercial disputes.  You can be certain that if you instruct us to handle your commercial dispute, your interests will be protected.

Contact us today if you need assistance with a commercial dispute.

Tips to avoid commercial disputes arising

Some commercial disputes could never be avoided as they are simply a product of something outside your control such as a person acting dishonestly or without good intent.

However there are some things that you can do to minimize the risk of ending up in a commercial dispute.  We recommend that you:

  1. Make sure that you conduct proper due diligence before entering into a commercial arrangement with someone even if it is only a simple one.  This may involve making investigations about the other party to the proposed arrangement if, for example, you intend on entering a partnership.
  2. Record the terms of the arrangement in a legally binding agreement that includes how you resolve disputes between the parties to the agreement.
  3. Make sure that you get advice from a lawyer about any agreement that you intend on signing before you sign it, so that you know exactly what you are agreeing to.

The Mildwaters Lawyers team wish you the best of luck with your commercial dealings and we trust that they will be dispute free.  But if ever they aren’t, you know where to find us.  We are ready and willing to help you with all your commercial dispute needs.


Image: Trust Yer Neighbor But Brand Yer Cattle by Wesley Fryer via Flickr. CC BY-SA 2.0

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