Guidance through the Business Litigation Maze
The word litigation in business terms means a business litigation lawyer is practicing in all areas of a business dispute resolution. It has become a practice in common law, federal law and state civil procedure legislation.
The subject matter and scope of litigation in Australia could involve contract disputes, tort claims, claims on breaches of certain laws and also anti-trust legislatives. Since the scope of the litigations is very vast, the business litigation lawyers may specialise in a spectrum of niche areas such as personal injury, construction and property claims, employment law claims, tax and finance claims, intellectual property matters etc. They also represent their business clients in State and Federal inquests, inquiries and investigations.
What do the Litigation Lawyers do?
- They advise the client to strategise and avoid a dispute or resolve it for him.
- They also advise with respect to general regulatory compliance
- They negotiate on behalf of their clients on disputes at court proceedings.
- They prepare and draft the legal documents such as pleadings, applications, affidavits, witness statements and other procedural documents on behalf of their client.
- They advocate for their clients in tribunals and courts
- They negotiate the terms of settlement during the court proceedings
- They also negotiate to settle claims with the regulators
- They object and respond to any penalty notice on the business
- They defend the prosecutions
- They enforce the judgements of the courts and recover the sum awarded
Litigation Practice in Australia
The number of laws in the country is expanding by the day and so is the burden of compliance on the businesses. The litigation practice in Australia is ruling in compliance with the regulatory authorities.
The business litigation lawyers help in complying with regulatory rulings related to disqualification from office, imposing fines, organisational restructuring and compulsive corrective action or inaction. The matters dealt by them may also include insider trading, breach of directors or company’s duties, price fixing, white collar crime or even foreign bribing.
However, sometimes the legal practitioners also resolve the business disputes outside the framework of the courts and tribunals. This involves arbitration, mediation and experienced determination on the lawyer’s end.
Most of the businesses prefer the out of court settlements by their lawyers due to high costs, delay and negative publicity that is usually associated with court proceedings. The litigation lawyers should therefore have a clear understanding of all types of disputes so that they can be promptly resolved.
The choice of picking the right resolution for particular business litigation depends on the company’s stand in the market and the particular area of law ruling it. The type of disputes could range from debt recovery to contractual disputes, bankruptcy, dissolution of the business, employment issues, partnership conflicts, trade practices etc.
When you are looking for the best business litigation lawyers get in touch with PCL Lawyers. They provide their legal services to a wide range of business clients, handling their disputes with professionalism along with sensitivity. They solve conflicts and disputes related to businesses only.