Commercial Litigation
Disputes between businesses, their directors, partners, lenders and insurers, run directly by Kyra Pastrovic in NSW courts.
Commercial litigation is the resolution of disputes that arise in business, such as broken contracts, unpaid debts, insolvency, lending and insurance disputes, building and construction disputes, and disagreements between partners or shareholders. Vamp Law acts for businesses, directors, individuals and insurers in these disputes across NSW, with every matter run directly by Kyra Pastrovic.
What does Vamp Law's commercial litigation practice cover?
Vamp Law's commercial litigation practice covers disputes between businesses, between a company and its directors or shareholders, between partners, between the parties to a building project, and between businesses and their lenders or insurers. Those disputes are resolved through negotiation, alternative dispute resolution or the courts: the Local Court, District Court and Supreme Court of NSW and, where a claim arises under Commonwealth law, the Federal Court of Australia.
Clients include sole traders, companies, directors, insurers and organisations. Some arrive with a contract that has broken down, others with a customer that has stopped paying or a lender that has called in a facility. Kyra Pastrovic has worked in a number of Australia's leading law firms, servicing international and national commercial clients.
Why work directly with Kyra Pastrovic?
Working directly with Kyra Pastrovic means the lawyer who reviews your documents at the start is the lawyer who negotiates, prepares the evidence and advises on settlement. Every Vamp Law matter is run directly by Kyra, from the first conversation through to resolution, rather than being handed to a team of junior lawyers.
Kyra has a lengthy history representing state government agencies, commissioners, politicians, premiers and other departmental heads, alongside some of Australia's biggest insurance companies. Her approach to each client is modern, tailored and personalised.
What commercial litigation services does Vamp Law provide?
Vamp Law's commercial litigation work covers ten connected areas, each with its own page.
Commercial disputes rarely stay inside one category. A debt claim can become an insolvency matter when the debtor company cannot pay, a guarantee given to a bank can turn a company's loan default into a director's personal problem, and a contract dispute can raise the question of whether an insurance policy responds. Kyra Pastrovic looks at the whole position from the start.
Insolvency
Advising creditors and directors on statutory demands, voluntary administration, liquidation and personal liability for insolvent trading.
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Insurance Law
Disputes with an insurer about whether a policy responds to a claim, for policyholders and businesses.
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Contract Law
Advising businesses on commercial contracts before they are signed, and acting when a contract is breached or terminated.
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Banking Law
Disputes with banks and lenders about loans, guarantees, mortgage enforcement and responsible lending.
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Trade Agreements
Disputes under supply, distribution, agency and franchise agreements between businesses.
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Partnerships
Disputes between partners about profits, contributions, decision-making and the end of a partnership.
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Debt Recovery
Recovering unpaid commercial debts, from a letter of demand through to judgment and enforcement.
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Commercial Liability
Claims that a business caused loss to another party, for claimants and, in separate matters, for businesses and their insurers.
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Business Law
Advising businesses, directors and shareholders on structures, agreements and obligations, and acting when a dispute arises between them.
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Construction Law
Building and construction disputes, including payment claims under the security of payment legislation, defects, variations and delay.
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How does a commercial litigation matter proceed?
Review
Kyra Pastrovic reviews the contract, the correspondence and the commercial position, and checks for time limits and any dispute resolution clause that needs to be followed first.
Pre-litigation steps
A letter of demand or a without prejudice approach often resolves or narrows a dispute. In the Federal Court, the party starting proceedings must file a statement of the genuine steps taken to resolve the dispute, under the Civil Dispute Resolution Act 2011 (Cth).
Proceedings and case management
Proceedings are filed in the Local, District or Supreme Court of NSW, depending on the amount and nature of the claim, or in the Federal Court where Commonwealth law is engaged. The court then sets a timetable for pleadings, documents and evidence.
Alternative dispute resolution
Many commercial disputes resolve by agreement. A NSW court can refer proceedings to mediation with or without the parties' consent, and some contracts require expert determination or arbitration, which for domestic commercial disputes in NSW is governed by the Commercial Arbitration Act 2010 (NSW).
Resolution and enforcement
A matter ends in a settlement or a judgment. Where a judgment is not paid, Vamp Law advises on enforcement options such as garnishee orders and the seizure and sale of property.
What does commercial litigation cost in NSW?
The cost of a commercial dispute depends on the court, the complexity of the issues, whether the other side defends, and how far the matter goes before it resolves. Vamp Law provides a written costs agreement before starting work, which explains how professional fees and disbursements, such as court fees, barristers' fees and the cost of independent reports, will be charged.
A successful party usually obtains an order that the other side pay its costs, but a costs order rarely covers all of the legal fees actually incurred, and Vamp Law explains realistically what it is likely to cover. A defendant can also ask the court to order a plaintiff to provide security for costs in some circumstances, for example where there is reason to believe a plaintiff company could not pay the defendant's costs if ordered to, or where the plaintiff is ordinarily resident outside Australia (Uniform Civil Procedure Rules 2005 (NSW), rule 42.21).
When should a business get advice about a dispute?
A business should get advice as soon as a dispute looks unlikely to resolve through ordinary commercial discussion, and before it takes a step it cannot undo, such as terminating a contract or ignoring a formal demand.
Time limits are the first reason. Under the Limitation Act 1969 (NSW), a claim founded on a contract generally must be brought within six years of the date the cause of action first accrues, and a claim on a deed within twelve years, while other claims have their own limits, some of them shorter. Many commercial contracts also set out notice periods or dispute resolution steps, such as a mediation, that may need to be completed before proceedings start.
The second reason is evidence. Emails, messages, invoices, drafts of the contract and notes of meetings should be kept from the moment a dispute emerges, including documents that do not seem helpful. This page is general information only: the right answer in any dispute depends on its facts and on the documents.
Frequently asked questions
Civil litigation covers every non-criminal dispute resolved through the courts, while commercial litigation is the part of it that concerns disputes arising in business.
Vamp Law's civil litigation practice includes general contract disputes, and its commercial litigation practice covers the business disputes described on this page.
It depends mainly on the amount claimed and the kind of claim. Smaller claims are generally heard in the Local Court, larger claims in the District Court or the Supreme Court of NSW, and claims arising under Commonwealth law can be brought in the Federal Court of Australia.
Vamp Law advises on the right forum before proceedings are filed.
Yes. Many commercial disputes are settled through negotiation, mediation or arbitration, and a contract may require one of these steps before or instead of court proceedings.
Vamp Law considers settlement at every stage.
Yes. Vamp Law acts for individuals, sole traders, companies, directors, insurers and organisations, including guarantors facing personal liability for a company's debts.
A conflict check is run on every new matter before instructions are accepted.
For most contract claims, six years from the date the cause of action first accrues, usually the date of the breach, and twelve years for a claim on a deed, under the Limitation Act 1969 (NSW).
Other claims have different limits, so it is safest to get advice promptly.
Speak with Vamp Law about a commercial dispute
If your business is in a dispute with a customer, supplier, partner, lender or insurer, make an enquiry or call +61 431 569 686 to speak with Kyra Pastrovic.
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