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Commercial Disputes

Commercial Dispute pictureOpusRed recognises that litigation can be an expensive and time-consuming exercise which may sometimes lead to an uncommercial outcome. OpusRed works with its clients to pursue other reasonable avenues before embarking on litigation in order to ensure the best possible commercial outcome for our clients.

Sam has had over 18 years’ experience acting for banks across Australia and the UK (including St George, ANZ, CBA, Bendigo & Adelaide Bank, Bank of Queensland, Barclays Bank and the Woolwich), as well as companies, sole traders and individuals, in pursuing and defending a wide range of commercial claims in VCAT, the Magistrates’ Court, Supreme Court and Federal Circuit Court. Sam has the mediation and communication skills to achieve commercial and sensible results.

OpusRed will provide you with a fee estimate for each stage of a litigation matter and keep you up to date on costs on a regular basis so that sensible commercial decisions can be made and there are no unwelcome surprises.

In order to determine the most cost-effective strategy, we will meet with you to determine whether an alternative dispute resolution process, such as arbitration or mediation, is appropriate and available in your circumstance. A successful mediation, resulting in a formal agreement, is binding on the parties and can avoid the costs of expensive litigation. If however, the alternative dispute resolution process is not available or is unsuccessful, we can assess the strengths and weaknesses of your case and provide you with our clear opinion on the merits, costs and fees associated with pursuing the claim at VCAT or the Courts, taking into account:

  1. the interruption to your business
  2. the reputation of your business
  3. your relationship with the debtor
  4. your commitment to providing us with the time, resources and information we may need to pursue the claim
  5. the costs associated with pursuing the claim and achieving a commercial result

We will then put in place a staged strategy, to ensure that you are kept fully informed of the process involved, the associated costs and the merits of the case at each stage and on a regular basis.

As with our Debt Recovery services, we are committed to achieving a commercial result for your business.

Please contact us for a fee-free, no obligation discussion on how we can assist you.