Civil and Commercial Litigation Lawyers Melbourne
If you’re facing a dispute in Victoria, getting advice early can make a significant difference to how your matter is handled. Brightstone Legal’s litigation lawyers in Melbourne assist individuals and businesses with civil and commercial disputes in the Magistrates’ Court of Victoria, County Court of Victoria, Supreme Court of Victoria and VCAT. Where appropriate, we also help clients resolve disputes through negotiation, mediation or arbitration before court proceedings become necessary.
Our Melbourne clients are supported by our litigation team based in our Melbourne office, with access to the wider firm’s litigation and dispute resolution team from other offices when a matter requires additional expertise.
See the full range of services from our Melbourne lawyers, or get in touch using the form to talk through your situation.
Our Dispute Resolution and Litigation Services in Melbourne
Commercial Litigation
We assist with contract disputes, shareholder and partnership disputes, debt recovery, and disputes arising from business and assets sales, supply agreements and other commercial arrangements. Depending on the nature and value of the dispute, proceedings may be brought in the Victorian courts, VCAT or another appropriate forum.
Civil Litigation
Our civil litigation work includes property and boundary disputes, building and construction disputes, insurance claims, defamation and disputes between individuals. Where a matter overlaps with another area of law, such as family, property or estates, we can draw on the relevant expertise within our broader team.
Debt Recovery
We help businesses and individuals recover outstanding debts through formal demands, negotiation and, where necessary, court proceedings. For appropriate claims, this may include proceedings in the relevant Victorian Courts.
Alternative Dispute Resolution
Court proceedings are not always the best way to resolve a dispute. We assist clients with negotiation, mediation and arbitration where these approaches may provide a faster and more cost-effective resolution.
What’s Different About Litigation in Melbourne
Victoria has its own court and tribunal system, with different jurisdictional limits, procedures and costs. Understanding where your matter should be dealt with at the outset can have a significant impact on your legal strategy and the overall cost of the dispute.
Magistrates' Court of Victoria
The Magistrates' Court deals with smaller civil claims, offering a more proportionate process for lower-value disputes. Whether it's the right forum depends on the nature and value of your claim.
County Court of Victoria
The County Court hears a broad range of civil and commercial matters, including higher-value disputes that fall within its jurisdiction.
Supreme Court of Victoria
The Supreme Court deals with more complex and significant civil and commercial disputes. Its Commercial Court provides a specialist forum for substantial commercial matters.
VCAT
VCAT deals with a range of civil and commercial disputes through its different lists. It is generally less formal than the courts and may be an appropriate option for certain disputes, depending on the type of claim and the parties involved.
Victorian Small Business Commission
For certain small business and retail lease disputes, the Victorian Small Business Commission may provide an opportunity for mediation before the matter progresses to VCAT or court proceedings.
The right forum will depend on the circumstances of your dispute. Getting advice early can help you understand your options and avoid pursuing a process that is unsuitable for your claim.
Litigation Costs in Victoria
One of the first questions clients understandably ask is, “How much will it cost?” There is no single answer because the cost of litigation depends on the type of dispute, the forum, the complexity of the issues and how far the matter progresses.
- Where your matter is heard matters.
Different courts and tribunals have different procedures and approaches to costs. VCAT proceedings can be less formal than court proceedings, while litigation in the Magistrates’, County or Supreme Courts can involve additional procedural steps and potential exposure to the other party’s legal costs. - Resolving a dispute early can reduce costs.
Negotiation and mediation can sometimes resolve a dispute before significant costs are incurred in pleadings, evidence, discovery and trial preparation. Early legal advice can help you understand the strengths and weaknesses of your position and consider whether an early resolution is appropriate. - Court and filing fees are separate from legal fees.
These fees vary depending on the forum and the nature of the claim and should be considered when assessing the overall cost of pursuing a dispute. - You should understand the legal costs before proceeding.
Under the Legal Profession Uniform Law, lawyers are required to provide clients with information about their legal costs and, where applicable, a costs agreement before commencing work. At Brightstone Legal, we aim to make our costs information practical and clear so you can make an informed decision about how to proceed.
Frequently Asked Questions (FAQ)
Yes. A dedicated team of litigation lawyers is based in our Melbourne office and assists Melbourne clients with civil and commercial litigation matters. For particularly complex matters, our Melbourne team works closely with our broader litigation and dispute resolution team across our offices in Australia, ensuring clients benefit from the combined expertise of our national practice.
Civil litigation is a broad term covering disputes between individuals or organisations, including matters such as property disputes and defamation. Commercial litigation generally refers to disputes arising from business activities, such as contract disputes, shareholder disagreements and commercial debt recovery.
Our Melbourne litigation lawyers assist both individuals and businesses, depending on the nature of the dispute.
It depends on the type and value of your claim and the parties involved. Some disputes may be dealt with in the Magistrates’ Court of Victoria or VCAT, while larger or more complex matters may proceed in the County Court or Supreme Court of Victoria.
We can advise you on the appropriate forum and whether VCAT or alternative form of dispute resolution may be available.
Not necessarily. Many disputes can be resolved through negotiation or mediation without proceeding to a full hearing.
Before commencing court proceedings, we will consider whether there is a practical opportunity to resolve the dispute earlier. The right approach will depend on the circumstances, the strength of your position and what you are seeking to achieve.
Yes. Our team provides bilingual advice in English and Mandarin. This can be particularly useful for clients involved in commercial or personal disputes where Mandarin is their preferred language for discussing their legal position and options.
Don’t ignore it, particularly if the document includes a deadline for responding or taking action. You should also avoid making admissions or responding on your own before understanding your legal position.
Keep the letter and any related documents, gather the relevant correspondence and records, and speak with a litigation lawyer as soon as possible. We can assess the claim, explain your options and help you respond within any applicable deadlines.
Why Choose Brightstone Legal's Melbourne Litigation Lawyers
Dedicated Melbourne litigation team
Our Melbourne CBD-based litigation team assists clients with civil and commercial litigation matters across Victoria..
Local court familiarity
We assist clients with matters involving the Magistrates’, County and Supreme Courts of Victoria and VCAT, depending on the nature of the dispute.
Specialist dispute resolution strategy
Our litigation practice is guided by experienced dispute resolution lawyers, providing clients with experienced strategic guidance when disputes become complex.
Connected national team
Melbourne clients have access to our wider litigation and dispute resolution team from our other offices when a matter requires additional expertise or support across different practice areas..
Bilingual service
Our team can provide legal advice and correspondence in both English and Mandarin, helping clients communicate clearly throughout the dispute resolution process.
Trusted by Individuals & Businesses
Brightstone Legal is backed by strong client relationships, award-winning services and a 100% 5-star Google review rating.
At Brightstone Legal, our multi-disciplinary legal team works with clients across a broad area of legal practice.
Not sure what you need help with?
Don’t worry, book a time to talk with one of our helpful and friendly solicitors.
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