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Commercial litigation

Commercial litigation

We offer practical and cost effective advice and court representation to keep your business running.
Our team has experience across a broad range of legal areas including civil and commercial litigation, property and commercial law, construction and payment disputes, trusts disputes, inheritance disputes and company disputes. We act for both claimants and defendants.
our services

How we can help you

See us for a consultation to obtain commercially sensible advice as to your rights and obligations.
For claimants

Initial consultation

$440 inc GST

The starting point is for us to meet for a consultation of up to 60 minutes. During the consultation, we will gather the relevant facts from you, give you preliminary advice and develop a strategy to manage the situation.

At your consultation we will discuss:
  • The possible causes of action;
  • Prospects of a counter-claim;
  • Alternative avenues for resolution;
  • Will the respondent be able to pay?
  • How much will it cost?

Assessment

The outcome of most court cases turns more on the facts than on legal principles. So before commencing proceedings it’s important to assess the strengths of your case and the prospects of success. This can be time-consuming, but properly undertaken will save money and possible embarrassment in the long term.

We will:
  • catalogue and review relevant written material (contracts, correspondence, memoranda etc);
  • take from you a statement of your evidence cross-referenced to the documents;
  • consider the applicable legal principles;
  • deliver to you a written or verbal suggested strategy (or alternative strategies) based on what we learn;
  • make you a written offer (quote) for the further services that we expect that you will require.

Because we have no way of accurately calculating the time involved in advance. We charge for assessments on a timed basis. At your initial consultation, we will give you some indication of the approximate cost.

Mediation and negotiation

Most matters are resolved before trial, either at court-convened mediations or by negotiation. Subject to your instructions we will always explore the prospects of a mediated or negotiated settlement.

Points to consider:
  • Negotiations are best conducted with a full appreciation of the strengths and weaknesses of your case.
  • Most litigation is not clear-cut – if so it’s usually wise to consider a compromise. On the other hand if the outcome is not in doubt, you should not feel obliged to discount your claim.
  • Negotiate from a position of strength, and follow through with any threatened action.
  • Don’t over-invest in negotiations. Your opponent may attempt to maximise a weak position by engaging you in protracted discussions in the hope that you will simply give in to save time.
  • Sometimes it’s productive for you to communicate directly with your opponent (but not his lawyer). We strongly recommend that you first discuss with us proposed communications.
  • Often a good compromise occurs when neither party is satisfied with the outcome.

Litigation

Please refer to The litigation process for a summary of the procedures. We will bill you progressively for the expected stages of the litigation.

Most litigation (about 95% in the Supreme Court of WA) is resolved before trial. If your matter settles, we will not charge you for stages of work that we have not actually commenced.

Why choose us

Our experienced lawyers provide great service at competitive prices.
01.

Benefit from our experience

We’re a law firm with more than 35 years’ experience in litigation and dispute resolution. From straightforward debt collection to Supreme Court trials, these are core services of our firm.

02.

Excellent value for money

We price our services fairly and transparently. We advertise fixed prices for standard services. Otherwise, we will analyse your requirements before issuing a written quote.

03.

100s of happy clients

Our goal is to anticipate your needs and exceed your expectations. We offer friendly and efficient service. Read what our clients say.

Meet our team

We’re a tight-knit, multi-disciplinary team of lawyers, legal executives, accountants and software developers. We’re also passionate community leaders, sportspeople, podcasters, musicians, parents… and proud that these interests inform our professional lives.
Legal Practitioner Director
Nigel leads the firm’s litigation and dispute resolution team and has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims, contractual and construction disputes, trust and property matters. Nigel has an instinctive ability……
Associate
Angus joined the team in 2018 as part of the firm’s law cadetship program while studying his juris doctor. He subsequently graduated from UWA with a juris doctor in 2021 and was admitted as a lawyer in April 2022…….
Paralegal
Georgette joined Curae Law in 2024 and brings a wealth of experience and dedication to her role as one of our esteemed Paralegals. As part of the Litigation team, Georgette works closely with Nigel, one of our Directors, to……
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Testimonials

What our clients say

Thank you for the work you have done for us.
Commercial Litigation Client
May 29, 2024
Thank you very much for your help within the last few years. I really appreciate your help and I am happy with the outcome.
Mr B - Commerical dispute advice
May 7, 2024
I just wanted to say a huge thank you for all your efforts and support in progressing our case throughout this past year – and wish you a very Merry Christmas and Happy New Year!!
January 24, 2024
Thanks to your hard work and expertise, we achieved a positive outcome that made the level of effort worthwhile. Your support and guidance gave [us] peace of mind, and we could not have asked for a better advocate. We are very grateful for your expertise in this matter and the subsequent outcome!!!
Ms G - Property law matter
October 25, 2023
Pleased with all aspects, very professional & attentive to our requirements and clarified clearly pros & cons of what we were trying to achieve. Highly recommended.
Mr D
February 23, 2023
Overall very professional from arranging consultation & then the actual consult with Nigel who clearly knew the area of law relative to our enquiry. Nigel’s advice was clear & concise & provided an area in the covering regulations/code which we should pursue to achieve a satisfactory outcome.
January 17, 2023

Make an appointment

Arrange a consultation with one of our friendly and experienced team members.

Let us contact you

We will respond to your online enquiry within two business days.

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