Name: Gibbs Wright Litigation Lawyers
Price range: $$$

Question 1

What is commercial litigation?

Accepted Answer

There is no agreed definition of commercial litigation, but it has been described as when two or more businesses have a legal dispute which has escalated to court proceedings. There are other instances of commercial litigation disputes that exist, including if a business was to commence proceedings against the government for breaching a tender contract.

It becomes more difficult when individuals start getting involved in the court proceedings. It would be unusual for lawyers to consider an employee bringing an action against their employer (a business) as commercial litigation, although theoretically there is a commercial aspect and a litigation aspect to the proceedings, and for all intents and purposes could be considered commercial litigation.

Whilst the usage of the term commercial litigation can be very broad, the most common usage of the phrase is intended to convey litigation involving business versus business in court proceedings excluding small claims or minor debt recovery.

Question 2

What is the difference between civil law and general litigation?

Accepted Answer

Civil law or civil litigation is the umbrella term for litigation disputes that do not have a criminal element (i.e. civil litigation versus criminal litigation). Civil law can include disputes relating to monetary compensation, including breach of contract disputes, through to intellectual property disputes and even defamation.

General litigation on the other hand falls under the umbrella of civil litigation disputes and is used to distinguish between commercial litigation disputes (see our What is commercial litigation FAQ).

Gibbs Wright are civil law lawyers, but we do not do everything under the umbrella of civil law. Gibbs Wright focuses on commercial litigation and general litigation matters that are not family disputes, personal injury or migration law. Where Gibbs Wright does not operate, we can typically recommend lawyers to assist you.

Question 3

What are my chances of success?

Accepted Answer

Often prospects aren’t clear until a complete view of the matter can be distilled by combining materials and conversations.

Start by articulating, collecting, summarising and categorising crucial information. Not only will this make your prospects clearer, but it will undoubtedly save you time and money in the long run.

Discussing your prospects with you, we’re all about bringing the fight on your behalf, with a zealous drive for unique client-based meaningful success. Constantly evolving the methods of preparation and execution as the meaning of it changes from one client to another.

“Yusuf and Pav were so helpful in dealing with my legal issue. They were very clear and concise and helped me to structure and consider the issues realistically. Their advice, expertise, and professionalism was outstanding. I’m very grateful I chose such a great team.” — Jennie Birch

It may come as a shock, but we genuinely care about our clients, and because we care, not only do we do everything in our power to achieve successful outcomes for you; we also do the little things that make a difference — like returning your phone calls and emails promptly.

Question 4

Why timing is so important in the legal system?

Accepted Answer

One of our core cultural values is, “precision of law, language, and timing to maximise favourable outcomes”.

If you’re thinking you may need to act on a legal matter, whether you’ve received an unexpected letter of demand, experienced a sudden legal event or someone has wronged you in some way, time limitations likely apply.

In Queensland, the statute of limitations is the Limitation of Actions Act 1974, something we don’t expect you to read, but once the cause of action arises or accrues, the clock starts ticking.

“We reached out to Gibbs Wright Litigation Lawyers for urgent assistance for an unexpected property legal matter that was very complex and unique. Mitchell Caldwell and Melany Dowse listened to what had occurred and provided advice and legal action that turned our crazy situation into positive new beginnings. It was a difficult journey and we are extremely appreciative of their support, guidance and expertise that led to positive results.” — Rachel Olorenshaw

You may be tempted to delay taking legal action against or defend from demands received, and while we can’t force you to make a booking with us, we urge you seek legal counsel and soon.

Question 5

How does the litigation process work?

Accepted Answer

Matters are assessed based on two components: the legal component which considers liability and damages, and the commercial component which considers costs and recovery.

Legally, you will need to prove or disprove liability, and that the liability is directly linked to real harm or loss.

Commercially, discerning if the costs of pursuit weigh up against the likelihood of recovering enough money.

Sound complicated? Well, it gets more complicated when the matter itself is complex, but thats why we match you up with a litigator with the right experience to manage your matter.

“It was my first experience to go through litigation process. When I spoke with Melany Dowse she was so generous with her time, attended to my query with so much patience and gave me important advice how we can move forward with my dispute with my builder who was holding my 5% deposit after he breached the contract.” — Aman Shekon

Success is more acuratly measured by a positive result for the client. More often than not it may be ideal to settle out of court which is why our relationships are based on mutual benefit and respect, not on winning at all costs.

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