Going to court is usually the worst-case scenario for many businesses. Our commercial litigation lawyers take pride in supporting our clients through the entire litigation process and making it as pain-free as possible. 

Our experienced commercial litigation lawyers have worked on a wide variety of legal disputes and are well-versed in handling complex business litigations. At Legal Kitz, we work with our clients to help them protect and enforce their legal rights. Whether it be an action for debt recovery, a shareholder dispute or defending an employment matter, our team offers expert and professional legal representation.

Commercial Litigation services

Debt recovery

  • Possession orders
  • Secured and unsecured recoveries
  • Injunctions
  • Statutory demands

Insolvency litigation

  • Bankruptcy proceedings
  • Liquidation matters
  • Winding-up applications

Corporate and commercial disputes

  • Shareholder, founder and directors disputes
  • Intellectual property disputes
  • Cease and desist demands
  • Commercial disputes
  • Contractual disputes

Employment proceedings

  • Unfair dismissal proceedings
  • Employment agreement disputes
  • Redundancy proceedings
  • General protection proceedings
  • WorkCover proceedings

Don’t take our word for it…

Words from our clients

5/5 average rating.
20+ Google Reviews

I have been working with these guys for years now. With lots of hard work and timely communication, they made sure they delivered the best to me. Highly recommended.

Chelsea Baker

Flexi Flow

We are so relieved as our business is now confident we have every employment agreement and document in place that we need to manage our large team of employees.

Jason Ryan

JJ Ryan Consulting

We had some gaps in our legals and we were confused with what was and wasn’t a priority. Before finding Legal Kitz and Business Kitz we were having issues finding access to quality, thorough and easy to navigate legal advice that was also affordable for a start up/small business budget. Legal Kitz provided fantastic and easy to understand legal support for our business. Both teams have been incredibly helpful and friendly. They are now our ‘go to’ for business and legal support.

Sarah Ripper

Myoni

Agreements created by high-quality solicitors. They are comprehensive so you don’t have to worry about it, or engage expensive lawyers which we have done in the past. I was amazed by the quality of the documents and they are very consistent as well. Companies our size wouldn’t normally have the chance to access services like these.

Matthew Smith

Pembroke Construction

Why Legal Kitz Commercial Litigation Lawyers?

Our commercial litigation lawyers have real-world commercial experience and deeply understand the potential legal pitfalls. This gives us the ability to help you navigate both legal issues and legal opportunities to get the best possible outcomes.

  • Outstanding commercial experience
  • Real clarity on costs
  • Great communication with our clients

Highest quality

We pride ourselves on providing the best, most comprehensive employment law and policy advisory service.

Empowering business

We help give businesses security so they can make better decisions and grow on their own terms.

Commercial & effective

As business owners ourselves we intrinsically understand the drivers and challenges of business.

Litigation Frequently Asked Questions

What is an injunction?

An injunction is a form of a remedial court order which can either compel one party to do or to refrain from doing specific acts. In general, Courts order an injunction to prevent one party from causing damage to another party’s property. For the Court to grant an injunction, the following elements must be satisfied:

  • That a person has refused or failed, or is proposing to refuse or fail, to carry out an act or refrain from performing their obligations; and 
  • The refusal or failure to perform or refrain from performing an act causes irreparable harm or damage that cannot be adequately remedied

There are three different types of injunctions. These include: 

  • An interlocutory injunction; 
  • An interim injunction; or 
  • A final injunction. 

Each of these injunctions can be sought by an application and can be granted at the Court’s discretion. 

Are casuals entitled to redundancy?

Usually, under the Fair Work Act 2009 (Cth) (‘Fair Work Act’) employees must receive redundancy pay if their jobs become redundant. However, casual employees are not entitled to redundancy pay. This is because the Fair Work Ombudsman defines casual employees as those who do not have a firm advanced commitment to their work. This means that causal employees may have inconsistent working days and do not need to commit to all the work that their employer may offer them. Hence, in accordance with s 123 of Fair Work Act, redundancy pay is not payable to casual employees. 

If you believe that you should have still been paid redundancy, you should seek legal advice or contact the Fair Work Ombudsman. Legal Kitz commercial litigation lawyers can assist and provide you with legal advice that is tailored to your matter. 

Can you make someone on maternity leave redundant?

It is possible for an employer to make someone on maternity leave redundant. For such redundancy to be effective, the employer must: 

  • Give the employee correct notice; and 
  • Pay out any entitlements (including redundancy pay). 

Employers are responsible for informing an employee on parental leave if they decide to make a significant change in the workplace that will affect the employee’s job. This should be done as the decision is made, not after the employee has returned to work after leave. 

What is the payout for unfair dismissal?

The compensation received for unfair dismissal is dependent on the circumstances of the matter, thus there is no set payout. Instead, a formula, known as the ‘Sprigg’ formula, is used to calculate the appropriate compensation. This formula has decided the amount of compensation for previous litigation and is continued to be applied under the Fair Work Act 2009 (Qld) (ss 392(2)(c), 392(2)(e) and 392(5)-(6)). If the formula yields an amount that is considered excessive or inadequate, the Fair Work Commissioner should reassess the assumption. There are 5 steps under the Sprigg formula: 

  1. Estimate the renumeration the employee would have received if they had not been dismissed.
  2. Deduct any renumeration earned by the employee since their dismissal until the end of the anticipated period of employment. 
  3. Deduct an amount for contingencies. 
  4. Consider the impact of taxation and adjust the figure accordingly. 
  5. Assess the figure against the compensation cap. 

Legal Kitz commercial litigation lawyers can assist you in calculating your potential unfair dismissal compensation. 

Can a casual employee claim unfair dismissal?

Casual employees do not have a claim for unfair dismissal unless their employment is: 

  • Regular and systematic; and 
  • There is a reasonable expectation of ongoing employment. 

To determine whether the employment is regular and systematic the Fair Work Commission will use an objective standard. Some factors that the Fair Work Commission will consider are:

  • Whether regular offers of work were made to the employee during a time where they indicated a general availability; 
  • Whether regular work offers were accepted by the employee; and 
  • Any other contingent factors. 

What do you get if you win unfair dismissal?

The outcome of an unfair dismissal claim is dependent on the circumstances of the matter. If an unfair dismissal settles at conciliation, the outcome depends on what you and the other party agreed upon.

Alternatively, if the unfair dismissal case further proceeds to a conference or hearing, and the dismissal is found to be unfair, then the available remedies are:

  • Reinstatement; or
  • Compensation for lost wages (must not be more than 26 weeks’ pay).

Is bankruptcy a legal proceeding?

Bankruptcy is a legal proceeding that provides relief for people or businesses which are unable to pay their outstanding debts. There are two ways in which you can become bankrupt:

  • You can lodge a debtor’s petition online to become bankrupt with the Australian Financial Security Authority; or
  • A creditor can petition for you to become bankrupt if you owe them more than $5000.

If you become bankrupt, a trustee will be appointed to take over your finances. In order to pay creditors, the trustee in charge of your finances can:

  • Sell your assets (unless they are protected);
  • Recover any income you earned over a certain limit;
  • Investigate your financial affairs (and in come situations, recover property that you have transferred to someone else before going bankrupt).

What is a cease-and-desist letter?

A cease-and-desist letter is a written notice to a person to immediately stop illegal or allegedly illegal activity. This letter is often used to enforce legal rights without resorting to litigation. 

There are a number of elements contained within a cease-and-desist letter. These include: 

  • A statement of your legal rights; 
  • Descriptions of the alleged infringement of those rights; 
  • Steps you would like the other party to take to rectify the situation;
  • Your intention to take further legal action, usually litigation, if the infringing activity does not stop; and  
  • Any further demands, as the case may be. 

In order for a cease-and-desist letter to be effective and persuasive, it should contain legally accurate statements of your rights and the allegations of the infringement made by the other party. Therefore, you should seek legal advice when drafting these letters. Legal Kitz can assist with ensuring that your cease-and-desist letter is expertly drafted and so that your rights are accurately expressed. 

How can I apply for an injunction order?

An injunction can be sought either before or after a matter is brought to Court. This means that an applicant can seek an injunction that restricts or compels the other party to act in a specific manner in the initial stages of bringing an application to the Court for consideration. Alternatively, an injunction can be sought after an application has been made to the Court; however, before the final order is issued. 

Once an application for an injunction is made, it is the Court’s discretion to grant or dismiss an injunction. The type of injunction that an applicant should apply for is dependent on the urgency of the matter and the circumstances of the case. 

Can a contractor claim unfair dismissal?

Unfair dismissal claims can only be made if the person is considered an employee. If there is no contract of employment (either verbal or written), then the person is not considered an employee. As an independent contractor is a person who carries on a trade or business of his/her own, there is usually no contract of employment. Therefore, contractors are not considered employees and hence cannot claim for unfair dismissal. 

There are some circumstances in which a person has agreed to be a contractor, but they may actually be an employee with an employment relationship. In these cases, the Court will look at the substance of the relationship, rather than the contract itself, to determine whether the relationship is of an employee-employer nature.  

Can you stop bankruptcy proceedings once started?

Stopping bankruptcy proceedings is also known as an annulment. An annulment is the cancellation of a bankruptcy. There are three ways in which bankruptcy can be annulled: 

  • Payment of debts in full; 
  • Arrange a composition; or 
  • Prove it in court. 

The payment of debts in full includes interests as well as other expenses associated while incurring the debt. Alternatively, you can arrange a composition. This is where your creditors can accept an arrangement to repay a percentage of your debts. Otherwise, if you can successfully prove to the court that you have not become bankrupt, this also annuls your bankruptcy. In this case, you should seek legal advice regarding this process. Legal Kitz commercial litigation lawyers can assist and provide you with advice that is tailored to your specific bankruptcy matter.

It should be noted that if your annulment is successful, your name remains on the National Personal Insolvency Index; however, your bankruptcy will be listed as annulled. 

Who can serve a statutory demand?

A statutory demand is a formal demand for the payment of a debt. A creditor can serve statutory demand by completing and signing the Corporations Regulations Form 509H.  

Can I claim unfair dismissal during probation?

In most cases, employees on probation have no claim for unfair dismissal unless they were employed for six months, or 12 months for small businesses with less than 15 employees, at the time of dismissal. 

What is the difference between a lawyer and a litigator?

A lawyer is a generic term given to a group of professionals qualified and licensed to practice law. A litigator is a type of lawyer; however, they specialise in civil, commercial or criminal law matters and represents one of the parties to legal action before a Court. A litigator’s role is specific in that they are primarily dedicated to appearing before a court of law and arguing the facts of a matter on behalf of their client.

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