Practice area
Complex Commercial Litigation
Advice and advocacy in high-value business disputes, from the first letter of demand through to trial and appeal.
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Complex Commercial Litigation
Commercial disputes rarely arrive neatly packaged. A failed supply agreement can carry a misleading conduct claim, a breach of directors' duties and a dispute over who controls the company, all at once. Complex commercial litigation is the work of identifying which claims actually exist, which court or tribunal should hear them, and which remedies are realistically available, then running the case efficiently to a result.
GopherWood Lawyers acts for companies, directors and senior executives, business owners, builders, developers, contractors and subcontractors, policyholders and financial services licensees. Our work covers contract disputes, shareholder and corporate governance conflicts, partnership and joint venture breakdowns, directors' duties and fiduciary claims, fraud and asset recovery, construction disputes, professional negligence, commercial leasing, misleading or deceptive conduct under the Australian Consumer Law, and class actions. We also bring and resist urgent applications for injunctions, freezing orders and search orders when assets or evidence are at risk.
We act in the High Court of Australia, the Federal Court, the Supreme Court and District Court of New South Wales, the NSW Civil and Administrative Tribunal and in courts and tribunals in other Australian jurisdictions. Many disputes resolve before trial through negotiation, mediation or a well-timed offer of compromise. Some need to be fought through to judgment. Either way, the decisions made in the first weeks of a dispute, about evidence, limitation periods, forum and interim relief, tend to shape everything that follows.
Related services
How we can assist.
Contract Disputes
Disputes about what a commercial contract means, whether it has been breached or validly terminated, and what the innocent party can recover.
Shareholder & Corporate Governance Disputes
Disputes between shareholders, and between shareholders and the board, about control of the company, oppression, access to information and exit.
Partnership & Joint Venture Disputes
Disputes between business partners and joint venturers over profits, contributions, control, fiduciary obligations and how the venture is unwound.
Injunctions & Urgent Commercial Relief
Urgent court orders to stop harmful conduct, preserve assets or secure evidence, including interlocutory injunctions, freezing orders and search orders.
Building & Construction Disputes
Payment claims, adjudication, defects, variations, delay and termination disputes for builders, developers, contractors, subcontractors and owners.
Professional Negligence & Professional Liability
Claims against and for professionals, including accountants, lawyers, valuers, engineers, architects, auditors and financial advisers, where advice or services fall short.
Directors' Duties & Breach of Fiduciary Duty
Claims by and against directors, officers and other fiduciaries for breach of statutory and general law duties, and the remedies that follow.
Fraud, Misrepresentation & Asset Recovery
Civil claims arising from fraud, deceit and misrepresentation, and the steps used to trace, freeze and recover misappropriated money and assets.
Property & Commercial Leasing Disputes
Disputes between landlords and tenants, and between property owners, developers and purchasers, including retail lease claims under the Retail Leases Act 1994 (NSW).
Misleading or Deceptive Conduct & Consumer Law Disputes
Claims under the Australian Consumer Law for misleading or deceptive conduct, false representations, unconscionable conduct and unfair contract terms.
Class Actions & Representative Proceedings
Representative proceedings in the Federal Court and NSW Supreme Court, where one claimant sues on behalf of a group with claims arising from related circumstances.
How we help
Advice and
representation.
We give an early, candid assessment of the merits, the likely cost and the commercial value of the dispute, because the right answer is not always to sue or to defend to the end.
We build cases on the documents and the evidence, not on assumptions. That means identifying limitation dates, preserving evidence, securing interim relief where it is warranted and choosing the forum that suits the claim, whether that is the Commercial List of the NSW Supreme Court, the Federal Court, the District Court or NCAT. Where a matter calls for it, we brief experienced counsel and work alongside them. Throughout, our advice is framed around your commercial objectives.

