Commercial Litigation & Dispute Resolution

Property and business dispute lawyers in Melbourne

Commercial disputes can put significant assets, business relationships and reputations at risk. The right response starts with understanding your legal position and what you want to achieve. Mazzeo Lawyers acts for individuals and businesses in property and commercial disputes, from early advice and negotiation through to court proceedings where necessary.

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When a commercial relationship breaks down, the first question is usually whether the dispute is worth pursuing, and what outcome makes commercial sense.

Mazzeo Lawyers acts in disputes involving contracts, companies, shareholders, trusts, commercial property and professional services. We focus on the legal position, the evidence and the commercial consequences of each available course.

COMMERCIAL DISPUTES

Advice, negotiation and litigation

Commercial disputes can arise from contracts, unpaid money, failed transactions, business relationships and the conduct of companies or individuals. The first step is to establish the legal position, the evidence available and the commercial value of pursuing or defending the claim.

Court proceedings are not always the best first step. Negotiation and mediation can provide opportunities to resolve a dispute without a trial, while urgent or contested matters may require court intervention. Mediation is widely used in commercial proceedings and can resolve all or part of a dispute without a judge determining the outcome.

01 Contract disputes

Disputes about the meaning, performance, termination or breach of commercial agreements.

02 Unpaid debts and money claims

Claims involving unpaid invoices, loans and other commercial debts.

03 Urgent applications

Court applications where immediate orders may be required to preserve property, evidence or the parties’ positions.

04 Insolvency-related disputes

Disputes arising in connection with companies or individuals experiencing financial distress or insolvency.

05 Defamation

Claims involving allegedly defamatory publications affecting an individual or business reputation.

BUSINESS RELATIONSHIPS

Shareholder and partnership disputes

Business relationships can deteriorate when owners disagree about the direction of the business, the use of company funds, access to information, management decisions or how one party can leave the business.

Shareholder disputes may involve rights and remedies under the Corporations Act 2001, a shareholders’ agreement or other contractual arrangements. The Act provides remedies where company affairs are conducted in a way that is oppressive, unfairly prejudicial or unfairly discriminatory towards a member or members.

We focus not only on the legal rights of the parties, but on the commercial outcome: whether the business can continue, whether one party should exit, and how the dispute can be brought to an end.

Shareholder oppression

Claims concerning conduct that unfairly prejudices or discriminates against a shareholder.

Business exits

Disputes about the terms on which an owner or partner can leave the business, including the value and transfer of their interest.

Access to information

Disputes involving company records, accounts and information about how a business has been managed.

Breakdown of the relationship

Disputes where the relationship between owners has deteriorated to the point that the existing arrangement may no longer be workable.

Trust disputes

Trusts and beneficial interests

Trust disputes can involve questions about who controls a trust, how trustees have exercised their powers, whether beneficiaries have received appropriate information and whether trust property has been dealt with consistently with the trustee’s obligations.

These disputes can arise in family, investment and business structures and may overlap with broader disputes about companies, property or estates.

Control of a trust

Disputes concerning trustees, appointors and other positions that affect the control or administration of a trust.

Trustee duties and beneficiary rights

Claims concerning the exercise of trustee powers, the administration of trust property and the rights of beneficiaries.

Ownership and trust property

Disputes about whether particular assets are held on trust, beneficial ownership and competing claims to trust property.

Property disputes

Commercial property disputes

Property disputes can arise between co-owners, investors, businesses and other parties with competing interests in land or commercial property. The appropriate response depends on the nature of the ownership, the agreement between the parties and the outcome being sought.

We advise on disputes involving co-owned property, commercial agreements concerning property, ownership interests and applications concerning the sale or division of property.

Co-ownership disputes

Disagreements between owners about the use, management, sale or division of jointly owned property.

Ownership and financial interests

Disputes about contributions, ownership interests and competing claims to property.

Sale or division of property

Advice about the options available where co-owners can no longer agree about what should happen to the property.

PROFESSIONAL SERVICES

Professional Negligence Claims

When you engage a professional, you are entitled to expect that their work will be performed with appropriate care and skill. If professional advice or services fall below the required standard and cause financial loss, there may be grounds for a claim.

Professional negligence disputes can involve accountants, financial advisers, consultants and other professional service providers. The key questions are usually what duty was owed, whether that duty was breached, whether the breach caused the loss claimed and how that loss should be measured.

We assess the advice or service provided, the evidence of loss and the commercial value of pursuing or defending the claim.

Duty and standard of care

Causation

Financial loss

EMPLOYMENT AND BUSINESS

Employment disputes affecting businesses and professionals

Employment disputes can have consequences beyond the employment relationship itself, particularly where senior employees, executives or business owners are involved.
We advise on employment-related disputes that intersect with broader commercial issues, including contractual obligations, confidential information, post-employment restraints and disputes involving senior employees or executives.

Employment contracts

Disputes about contractual rights, obligations and entitlements.

Confidential information and restraints

Disputes concerning the use of confidential business information and contractual restrictions following the end of employment.

Senior employees and executives

Commercial disputes involving senior personnel where employment, company and contractual issues overlap.

Property & Business Disputes

Frequently asked questions

What should I do when a commercial dispute first arises?

Keep the documents, including contracts, correspondence and payment records, and avoid committing to a position in writing before you understand it. Early advice usually preserves more options.

Does the dispute have to go to court?

No. Many commercial disputes resolve through negotiation or mediation. Proceedings are sometimes needed to protect a position, but issuing is a decision made on the facts, not a default.

Can the matter be resolved through mediation?

Often, yes. Mediation is a structured negotiation with an independent mediator. Victorian courts commonly direct parties to mediate, and many matters settle there. The outcome is agreed, not imposed.

How can a caveat be challenged or removed?

A caveat can be challenged by requiring the caveator to justify it, or by applying to the Supreme Court of Victoria for its removal. The outcome depends on whether a genuine interest in the land exists.

Can I recover my legal costs?

A successful party is often awarded part of its costs, but rarely all of them. Recovery depends on the court’s discretion and the other party’s ability to pay, and it is never guaranteed.

Which court or tribunal will hear the dispute?

It depends on the amount in dispute, the subject matter and the relief sought. Commercial disputes in Victoria may be heard in the Magistrates’ Court, County Court, Supreme Court, VCAT or the Federal Court.

Contact Mazzeo Lawyers

Discuss your property or business dispute

If you are dealing with a commercial, shareholder, trust or property dispute, we would welcome the opportunity to discuss your circumstances. All enquiries are handled in strict confidence, and an initial conversation does not commit you to anything.

Our office is at Level 8, 256 Queen Street, Melbourne VIC 3000.