Legal
Disputes & Litigation
Commercial litigation, dispute strategy and courtroom advocacy.
Legal Advisory
Full-service commercial legal capability through Corson Fiske ILP.
Overview
How we help.
Commercial disputes are almost always about more than the legal issues. They affect relationships, reputation, time and management attention. The best dispute strategy considers all of these dimensions and aims for resolution at the lowest cost consistent with the client’s commercial objectives.
Corson Fiske acts through Corson Fiske ILP in commercial disputes across Australian courts, as well as in mediation, arbitration and expert determination. Our approach combines technical litigation skill with the commercial judgement needed to make sensible settlement decisions.
We act for corporate clients, private companies, family offices and individuals in matters of material commercial significance.
Capabilities
- Commercial and contract litigation
- Shareholder and partnership disputes
- Joint venture disputes
- Director and officer proceedings
- Urgent interlocutory applications and injunctions
- Mediation and arbitration
- Expert determination
- Appeals and cross-border enforcement
Client Situations
When clients engage us.
The issues that bring clients through our door tend to fall into familiar patterns.
Urgent injunctive relief is needed
A freezing order, injunction or other urgent relief is required to protect a client’s position.
A shareholder dispute has escalated
Internal disputes between shareholders or directors are moving to proceedings.
A commercial contract is in dispute
Performance, termination or breach of a significant contract is being contested.
A settlement opportunity needs assessment
An offer has been made and the client needs independent advice on acceptance, counter or rejection.
A regulator has opened an investigation
ASIC, the ACCC, a state regulator or an industry body has commenced inquiries. Privileged legal counsel is required immediately.
A counterparty has breached a material contract
A significant commercial relationship has broken down and the legal options — from negotiation through to contested proceedings — need to be assessed.
Outcomes
What you can expect.
- Strategic clarity about the matter and realistic outcomes
- Strong positioning in early-stage proceedings
- Settlements that reflect the underlying commercial reality
- Trial outcomes that protect the client’s interests
Deeper Reading
Key considerations in commercial disputes
Commercial litigation is rarely the client’s preferred outcome. It is expensive, slow, distracting, and outcomes are inherently uncertain. The value of good dispute counsel is measured at least as much in cases avoided, positions preserved and settlements achieved as in trial victories.
The strategic questions in any commercial dispute are usually: what is the realistic range of outcomes, what is the cost and time required to reach each, what are the collateral commercial and reputational consequences, and at what settlement point does continuing the dispute become uneconomic. Good counsel answers these questions honestly at every stage, not just at the start.
We act for ASX-listed companies, large SMEs, family offices and individuals in commercial, shareholder and contract disputes across Australian courts, as well as in mediation, arbitration and expert determination.
Questions we are often asked
When should urgent injunctive relief be sought?
Urgent injunctions — freezing orders, search orders, restraint of breach of contract, restraint of disclosure — are available where damages are inadequate and there is a real risk of irreversible harm. Applications must be prepared quickly, supported by strong affidavit evidence, and typically made ex parte in genuinely urgent cases.
How long does commercial litigation take?
In the Federal Court and state Supreme Courts, commercial matters typically take 12 to 24 months from commencement to trial. Complex matters with significant document volumes or multiple parties can take longer. Interlocutory disputes, amendments and discovery issues all extend timelines. Realistic expectations are part of good advice.
What is the difference between mediation and arbitration?
Mediation is a facilitated negotiation conducted by a neutral third party — the mediator has no authority to decide. Arbitration is an adjudicative process conducted by an arbitrator with authority to deliver a binding award. Mediation is faster and cheaper; arbitration produces a decision. Many commercial disputes benefit from both in sequence.
Client Success
Outcomes from recent engagements.
Indicative results from engagements within this practice area. Client details have been anonymised; outcomes reflect actual matters completed by the firm.
$15M
Dispute Resolved
Construction dispute
Acted for a property developer in a contested Security of Payment matter, achieving a $15M favourable settlement on the eve of adjudication.
Property developer
AFSL Granted
90 days
Licensing application
Prepared and lodged an AFSL application for a fintech client that was granted within ASIC’s service standard of 90 days with no requisitions.
Fintech startup
Retained TM
Bad-faith opposition
Section 62A opposition
Successfully opposed a bad-faith trade mark application under section 62A of the Trade Marks Act 1995, protecting a registered Australian consumer brand.
Consumer brand
Why Corson Fiske
Experience where it counts.
Clients engage Corson Fiske because they need advice they can act on — delivered by senior practitioners who understand both the technical detail and the commercial consequences. Every engagement is led by a partner with direct experience in complex legal matters.
Our integrated structure means tax, legal, accounting and advisory questions are resolved within a single firm. For clients operating across Australia, Asia, New Zealand or Asia, our office network in Sydney, Melbourne, Perth, Singapore and Auckland provides consistent advice across jurisdictions.
Our Approach
A refined four-phase method for every engagement.
Corson Fiske applies the same disciplined framework to every matter, regardless of scale. The phases below are not a marketing device — they are the actual structure our partners use to move clients from uncertainty to resolution.
Phase One
01
Understand
A confidential partner-led briefing to establish the facts, commercial drivers, timing pressures and stakeholder dynamics.
- Confidential scoping conversation
- Document and data review
- Stakeholder mapping
- Initial risk identification
Phase Two
02
Analyse
Structured technical and commercial analysis of every realistic option, with a clear view of risks, costs and likely outcomes.
- Technical legal and tax analysis
- Commercial modelling
- Risk-weighted options assessment
- Precedent and market benchmarking
Phase Three
03
Recommend
A written partner recommendation in plain English — not a list of caveats. We stand behind our advice and explain our reasoning.
- Clear written recommendation
- Implementation sequencing
- Stakeholder communication plan
- Contingency and fallback positions
Phase Four
04
Execute
Hands-on delivery of the agreed plan with partner oversight, regular milestone reporting and clear handback at completion.
- Implementation leadership
- Stakeholder engagement
- Milestone tracking and reporting
- Completion review and handback
Key Considerations
What clients need to know.
Engaging external advisors on any significant matter raises practical questions about scope, timing, cost and outcomes. We believe in being straightforward about each of these from the first conversation.
How engagements typically begin
Every engagement starts with a confidential initial conversation — usually 30 to 60 minutes — in which we listen to the situation, ask the questions needed to understand it properly, and share a view on whether and how we can help. There is no charge for this conversation and no obligation to proceed.
How we scope and price work
We prefer fixed-fee or capped-fee arrangements wherever the scope allows. Where the scope is genuinely uncertain — as in contested matters — we agree hourly rates upfront and provide regular fee updates against defined phases. We do not bill for internal discussions, file opening or routine administration.
Who you will work with
Every engagement is led by a partner with direct experience in the matter type. That partner remains your primary point of contact throughout. Specialist colleagues join the team where their expertise is required, but you will never be passed from person to person or find the partner you hired is no longer on the file.
How we handle confidentiality and privilege
All engagements are subject to strict confidentiality. Where legal advice is being delivered, it is provided through our incorporated legal practice and attracts legal professional privilege. We take document security, information handling and communications discipline seriously on every matter.
Get the right advice from Corson Fiske.
Confidential, no-obligation initial consultations with a partner who specialises in complex legal matters.