10 Common Commercial Disputes

Jun 13, 2023 | Publication

There are all sorts of commercial disputes which businesses large and small can become involved in.  Here are 10 common examples:

  1. Contractual disputes – what is the meaning of an agreement and how should it be interpreted. A contract can be in writing, oral and/or implied.
  2. Breach of contract – one party has allegedly not complied with the terms of an agreement. A dispute may arise as to whether there has been a breach and, if so, what are the consequences of the breach.
  3. Termination of a contract – one party may seek to terminate the contract, and the other party may not accept the termination, and may maintain that the contract remains on foot. There may be an issue as to repudiation of the contract.
  4. Misleading and deceptive conduct – one party may allege that the other party has engaged in misleading and deceptive conduct, in breach of a contract and/or in breach of a statutory duty.
  5. Frustration – one party may allege that a contract has been frustrated. There may be an issue as to the extent of the frustration and/or the consequences of the frustration.
  6. Damages – there may not be an issue as to liability, but as to the extent of contractual damages, or damages in tort or statutory damages. An issue may arise as to causation. There can also be an issue as to whether one party has mitigated its losses.
  7. Building and construction disputes – these can relate to large developments through to small improvements
  8. Insurance disputes – does an insurance contract apply, what do the clauses of the insurance policy mean, what were the duties of brokers and agents.
  9. Professional negligence – has there been a breach of the duty of care owed by a professional advisor.
  10. Insolvency issues – voluntary and involuntary liquidations, administration, receivers, managers and controllers, examinations by liquidators, insolvent trading, preference payments.

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

How Vicissitudes Impact Future Economic Loss in Legal Cases

When it comes to calculating future economic loss in legal cases, one concept that often arises is "vicissitudes." But what exactly are vicissitudes, and how do they affect the compensation awarded to plaintiffs? In this article, we'll delve into the definition of...

Can you still make a claim?

Many claims have limitation periods. A limitation period is a set time frame within which an aggrieved person must commence proceedings in a Court. These limitation periods generally commence from the date of the injury and/or incident. Some claims however, such as...

Teacher convicted for failing to report sexual abuse of a child

Teacher, Mr Webb of Trinity College Perth, was unsuccessful in his appeal against his conviction of failing to report sexual abuse of a child in a decision delivered on 13 October 2021. In April 2017, a group of boys from the school went on a school rugby trip to...

Annual Dinner – Parramatta & District Regional Law Society

Western Sydney's legal profession gathered for the Annual Dinner of the Parramatta & District Regional Law Society at CommBank Stadium! We are particularly grateful to Dr Hugh McDermott MP, Parliamentary Secretary to the Attorney General, Senior Vice...

What compensation can I get if I have been injured at work?

If you have a work-related injury or illness, you may be able to claim compensation for lost income, medical expenses, travel expenses, domestic assistance, pain and suffering and permanent impairment. All employers are required to have workers compensation insurance...

Court makes provision for son left out of father’s Will

The recent Supreme Court of New South Wales decision of Rathswohl v Court  NSWSC 356, involved 3 siblings disputing their entitlements to their late father’s estate. The defendant, Yvette, claimed she cared for her father for the last 18 months before he...

If I die without a Will what can happen?

If you die without a Will there can be many unintended consequences. Some of these consequences may be: A person who you do not intend could control your estate.  This could even be someone you do not know.  An executor is a person who controls an estate...