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Dispute Resolution & Litigation

Disputes are often costly and time-consuming, especially when they proceed to court. Our experienced team can help arm you with the right strategy in providing a timely and cost-effective solution to your legal dispute. We will always look to the most effective way to resolve your case in terms of cost and outcome.

We offer dispute resolution services and business litigation for a range of problems including:

  • contractual disputes
  • partnership and shareholder disputes
  • consumer claims
  • property co-ownership disputes
  • building and construction disputes
  • commercial and retail leasing disputes
  • debt recovery
  • defamation proceedings
  • intellectual property disputes
  • family provision claims

Alternative Dispute Resolution

If you are involved in a legal dispute, using an alternative dispute resolution process is usually a viable option to resolve your case. Negotiation and mediation can provide a cost-effective solution to a legal problem without the parties having to go to court.

Mediation involves a neutral person (a mediator) meeting with the parties to a dispute and assisting them to reach a resolution. The meeting is generally confidential, and the mediator does not provide legal advice, nor does the mediator determine the dispute.

Mediation is best used when the parties are willing to negotiate in good faith and make genuine attempts to resolve the dispute. Even if the mediation does not entirely resolve the matter, it can at least identify the issues in dispute and narrow the unresolved matters.

Mediation is ideal even for highly complex cases where reports by experts may also be used for the process. If an agreement is reached the parties can formalise their negotiations be entering into terms of settlement.

Breach of contract

If a party to a contract fails to comply with its obligations or breaches the terms of the contract in any other way, this will often give rise to a dispute between the parties.

The extent of the dispute will depend on the nature of the breach and type of contract. If a substantial breach has occurred, where a party fails to perform a fundamental obligation under the contract, then the other party may be able to terminate the contract and recover damages.

Contract disputes often involve issues regarding the interpretation of the terms of the contract. A court may require that you attempt to resolve the dispute via alternative dispute resolution before proceeding to decide the matter in court.

Building disputes

If you are pursuing a builder for delays or defects in relation to the construction or renovation of your property, or if you are a builder subject to a claim, there are certain processes that can be used to resolve your building dispute.

Domestic Building Dispute Resolution Victoria (DBDRV) is usually the first port of call in resolving a domestic building dispute in Victoria. This agency assists parties in resolving disputes relating to defective or delayed building work and can provide conciliation services to help resolve the matter.

If the dispute is not resolved by the DBDRV, the parties can then apply to the Victorian Civil and Administrative Tribunal (VCAT) to decide the case. Disputes covered by VCAT include those related to domestic buildings such as alleged breaches of a builder’s obligations to carry out work in a proper and workmanlike manner and in accordance with the plans contained in their contract.

Debt recovery

If you are seeking to recover a debt, it is important that the method of debt recovery does not result in legal fees and associated costs which exceed the debt owed.

Sometimes, a well-drafted letter of demand may be all that is needed to encourage a debtor to pay the debt in full, or at least, make acceptable arrangements to repay the amount in instalments. When negotiating with debtors, it is important to keep written records of discussions which can be referred to later should the agreed arrangements not be honoured.

A statutory demand may be the best means of recovering a debt owed by a company that exceeds $2,000. In such cases, a complying statutory demand is served upon the debtor company giving it 21 days to repay the debt. If the money is not repaid within this period, or the company fails to have the statutory demand set aside, the debtor will be presumed insolvent and winding up proceedings may be instituted against them.

The drafting and service of a statutory demand must comply with strict requirements and formalities so it is important to obtain legal advice should you wish to pursue this course.

Copyright & Intellectual Property infringement

An owner of intellectual property like a copyright has certain exclusive rights in relation to the work which they have created. If an owner’s rights are exercised by a third party without permission, or without a licence, this is deemed an infringement of their intellectual property.

If you believe your intellectual property has been infringed, a letter of demand which sets out your rights as a copyright owner, and the details of any potential recourse or remedies, may be an appropriate course of action.

Legal advice should be sought before a letter of demand is issued, as an intellectual property infringement is only for the improper use of intellectual property material if a ‘substantial part’ of the work has been used.

Partnership disputes

Disputes between partners can be complex. Often, alternative dispute resolution processes such as mediation, arbitration or simply negotiation, can be effective in resolving these disputes. Such processes can also include agreements regarding ‘non-legal’ issues, which can be beneficial to the partners.

If a partnership is dissolved, there are certain processes which should be followed to protect the parties’ interests. This includes publication of a notice of the dissolution in a government gazette and notifying relevant third parties of the dissolution.

Distribution of the assets and liabilities of the partnership in accordance with the partnership agreement or relevant legislation must also be finalised. We recommend obtaining legal advice regarding the best way of dealing with such matters.


Despite best efforts, sometimes court proceedings will be the only viable option to seek a remedy for a legal dispute. Litigation refers to the commencement of legal proceedings with the aim of resolving a disputed matter with the assistance of a court. The nature and value of such matters can vary significantly and accordingly, different courts (and tribunals) have been established based on specific categories of disputes and the monetary value of a claim.

If court proceedings appear to be the only option in pursuing or defending a legal dispute, we will carefully assess your matter so you can make an informed decision about taking this path. We are experienced litigators and, if instructed, will prepare your case with care and diligence and advocate strongly on your behalf.

If you need assistance, contact one of our lawyers at or call 1300 815 501 for a no-obligation discussion and for expert legal advice.
Johann & Dani

The earlier reviews were spot on. Both my wife and I were first time buyers, and we can both say that the team from Domantay Legal really took a lot of pressure off us, where utmost responsive, and provided the best support and guidance possible in this jungle called property investment. Working especially with Dwayne was a pleasure, he always kept us on top of things and was reachable at any time for a call. Great experience and we would definitely recommend their services to anyone.

Clinton Bowditch

Complete newbie at buying a business. Jan and Dwayne had my back and guided us through the whole process picking out any problems, while making sure the vendor was playing ball. So pleased that I was told about them. Thank you to the whole team... Cheers. Clinton


Highly recommend Jan, Sarah and the team. They are supportive, patient, understanding and very responsive. Really helped me through a difficult purchase of a business with integrity and compassion.


Thank you for your great support throughout my financial settlement. Very happy customer. Your compassion and fantastic service eased the hard process of separation. Highly recommend Jan, Sarah and the team.
Domantay Legal has assisted us in a couple of property transactions and they always deliver. Jan, Dwayne and Sarah made the whole process so easy from start to finish. Best solicitor in town!


A huge thanks to Sarah, Dwayne and your team for a professional, friendly and efficient service. It was an absolute pleasure dealing with Domantay Legal on the sale of my house and I will have no hesitation in recommending your services and engaging you again in the future.

Luke Hsu

A very big thank you to Sarah, Dwayne and Jan for the excellent service. They made the entire process simple, were a pleasure to deal with and were extremely prompt to respond to all enquiries.

Valerie And Darren

On behalf of myself and Darren, we would like to say a big THANK was the smoothest/efficient settlement that I have experienced (especially during an unprecedented time during COVID). So thank you to all of the team! We will definitely recommend your services to our family and friends.Valerie & Darren


We had Sarah as our rep when we were selling our house. She was awesome. Quick to respond to any question and very friendly