Litigation & Dispute Resolution

Commercial disputes can soon escalate if they aren’t dealt with swiftly and managed carefully. At Mahons our dispute resolution and litigation experts provide the strategic guidance you need to navigate any commercial conflict with confidence. We assess the legal and commercial factors at play, explain your options clearly, then advise you on the best way forward. Our primary goal is to resolve disputes through negotiation or mediation, but if court proceedings are unavoidable, our experienced lawyers provide effective representation. Our measured, commercially-minded approach protects your interests and minimises disruption to your business operations – we know that commercial disputes can get in the way of your broader organisational objectives, so we work to resolve issues as quickly and cost-effectively as possible.

Contractual disputes can stall projects, strain relationships and expose your organisation to unnecessary risk. At Mahons, we’ve spent almost a century helping Melbourne businesses resolve contract issues around breaches, interpretation, enforcement and performance. We take a fine-tooth comb to the terms, conditions and commercial context, we unearth any evidence of non-compliance, and we develop a strategic approach that puts your interests first. Wherever possible we work to resolve the dispute through negotiation or dispute resolution, but we’re fully prepared to provide strong representation in the rare instance that court is required. We avoid speaking in T&Cs and legalese, and instead offer clear, calm, practical advice that ensures you make the best decision for your business.

Property or commercial lease disputes tend to be an undesirable combination of complicated and financially significant. Whether you’re a landlord, tenant or property owner, our commercial property experts can help you to navigate whatever leasing and contractual issues you face. From rent disputes to breaches to interpreting the contract, we’ll provide you with total clarity on your rights and responsibilities, and work with you to resolve the dispute efficiently and cost-effectively through negotiation, mediation or litigation if necessary. With a history that stretches back to 1929, we bring a deep understanding of Victorian leasing laws and property contracts, which we use to deliver custom-crafted and commercially sound solutions that minimise risk and protect the long-term interests of your Melbourne business.

More efficient and cost-effective than going to court, mediation and arbitration see disputes settled with the assistance of an independent third party. At Mahons we’ll help you prepare for and participate in these processes with confidence. We assess the key issues at play, then offer guidance on how to secure the best possible outcome, ideally through negotiation or mediation. Our focus is on resolving the dispute in a way that aligns with your best interests, while avoiding expensive and lengthy court proceedings, and preserving relationships wherever possible.

If they aren’t resolved quickly, disputes between business partners, owners and shareholders can place organisations in jeopardy, both in terms of high-level governance and day-to-day operations. At Mahons our commercial experts bring a century of experience in all types of corporate dispute: breaches of duties, exit rights and more. We know that every business is unique, so take the time to understand the structure, dynamics and commercial realities of yours. We then provide tailored, strategic advice on the conflict, working towards a resolution that protects your position through negotiation, mediation or, when absolutely necessary, litigation. While we’re business-minded, we’re people-first; we bring clarity to complexity, and aim to restore stability to your company while securing the best possible outcome for you.

Regulatory investigations are inherently complex, and can carry serious consequences, particularly if they aren’t handled by the book. Our regulatory experts are here to assist if you face inquiries, audits and enforcement actions from regulators such as the ACCC and ASIC. We trade confusion for clarity, guiding you through every stage of the process, responding to notices, preparing submissions and protecting your commercial and legal interests. With a history that stretches back a century, we understand the intricacies of regulatory frameworks, and can help you manage risk, comply with your obligations and navigate any allegations of misconduct. We aim to resolve regulatory matters efficiently, and in a way that minimises reputational, financial and operational consequences for your organisation.

Competition and consumer law is a complex and ever-evolving legal landscape that covers issues relating to misleading conduct, unfair contract terms, restrictive trade practices and anti-competitive behaviour. We’ll help you assess your exposure, resolve complaints, and defend any claims brought by consumers, competitors or regulators. We provide practical, commercially grounded solutions that protect both your legal position and your market reputation. From negotiation of compliance measures to defending your position in court, we’ll aim to resolve your dispute in the way that achieves the strongest possible outcome, while also minimising cost, time and stress.

Franchise relationships can be strained when expectations, obligations or performance become misaligned. At Mahons our team of commercial law experts are ready to support both franchisors and franchisees in resolving disputes. From breaches of agreement, to disclosure and performance issues, to clarity on restraint clauses and termination rights, we’ll outline your rights and responsibilities under both the franchise agreement and the broader franchising code. Our team prioritises negotiation and mediation to resolve issues early and completely wherever possible, but we are also experienced in representing clients in arbitration and court proceedings. We’ll give you total clarity on the franchise relationship, we’ll protect your interests, and we’ll help you to chart the best path forward.

Allegations of white-collar offences can bring serious professional and personal consequences. If you or your business is under investigation, we’ll provide strategic, discreet representation. We assist you in responding to compulsory notices, navigating interviews and evidence requests, and building a strong defence that will protect your rights and reputation. We bring a calm, clear, measured and meticulous approach; we are laser-focused on achieving the best possible outcome in any given situation, whether that’s through negotiation with authorities, or providing you with the strongest possible representation in court. Our aim is to defend your honour, safeguard your future, and minimise the disruption you feel through the process.

In times of financial distress, clear and practical advice is invaluable. At Mahons we provide exactly that, helping companies, directors, creditors and individuals to understand and navigate every aspect of insolvency and bankruptcy. Our expert team will guide you through your situation, whether voluntary administration, liquidation, debt disputes or director liability issues. Our approach is calm, warm, clear and straightforward, and ensures you understand your options and any related risks. We give you the information and tailored advice you need to make the right call and confidently chart a way forward. Whether you’re attempting to recover debt, wind a business down or simply protect your position, we’ll put your interests first, and work toward a solution that is sustainable in the long-term.

Injunctions are court orders that compel a party to do or stop doing certain acts, and are often necessary to prevent harm or protect rights. We can assist in all matters involving urgent court orders, protecting confidential information, stopping unlawful conduct, preserving assets and more. We know that time is of the essence in injunction proceedings, so we act swiftly and decisively to prepare compelling applications backed by evidence. If you’re responding to an injunction, we provide you with simple, straightforward advice to ensure you understand the implications, then we help you to defend your position effectively. Our approach combines speed with precision, ensuring you have the legal protection you deserve in time-sensitive situations.

Intellectual property (IP) is a critical asset – often the most critical asset – for many organisations. IP disputes can therefore threaten your business by potentially compromising your brand, products or creative work. Our commercial and corporate law team can offer strategic guidance on all matters involving copyright infringement, trademark issues, licensing disputes and the misuse of confidential information. We assess the strength of your claims, then develop a strategy that aligns with the evidence and your commercial priorities. We aim for the efficient and effective protection of your IP rights, whether through takedown measures, negotiation, mediation, or as a last resort, court representation. With a history stretching back to 1929, you can trust us to safeguard what makes your business unique.

Business disputes can disrupt operations, damage relationships and lead to significant financial loss if not handled swiftly and strategically. Our business dispute lawyers bring deep wells of knowledge and experience in helping businesses resolve issues efficiently. Whether your dispute involves contracts, partnerships, suppliers or clients, we work to understand the commercial drivers behind it, and we tailor our strategy to your needs and goals. Our approach focuses on early resolution through negotiation or mediation wherever possible, but we’re ready to provide strong and effective litigation if it represents the shrewdest way to protect your commercial interests.

Building and construction disputes tend to involve complex contracts, large sums and strict timelines, all of which can be overlaid with pressure from other project stakeholders. With a century of expertise in Victorian commercial and property law, we bring the deep knowledge and expertise you need to navigate these disputes. We assist builders, subcontractors, developers and property owners with a range of issues, including defective work, delays, payment disputes and contractual breaches. We provide crystal clear advice on your rights and obligations, and we work to resolve disputes as efficiently and cost-effectively as possible, typically through negotiation or mediation. You’ll enjoy practical guidance from a business-minded but people-first team that has seen and done it all before.

Part IV estate claims arise when someone believes they have not been properly provided for in a will. Having spent almost a century offering estate guidance to Melbourne families, we know that Part IV claims can be particularly sensitive disputes. We assist both applicants and executors by assessing entitlement, gathering supporting evidence, and working toward a fair resolution through negotiation, mediation or strong and effective court representation, though we view litigation as a last resort. Our expert team pairs legal acumen with empathy: our approach is distinctly human, defined by warmth, understanding and an acknowledgement of the personal and emotional challenges involved. We aim to achieve your desired outcomes and protect your rights while avoiding unnecessary conflict and cost.

Insurance disputes can be frustrating, particularly if your claim has been denied or delayed. Whatever matter your case involves – property damage, business interruption, liability – we’ll ensure you secure the compensation you’re entitled to. Our expert team will review your policy terms, assess the insurer’s decision, and advocate for you through negotiation or litigation. We pair thoroughness with efficiency and clarity, acting fast and ensuring you have a full understanding of your position, your rights and the best path forward. Whether you’re a business or an individual, we work hard to give you back a bit of certainty after an unexpected loss.

Unpaid debts can place significant financial strain on your business: cashflow is disrupted, operations are affected, and the situation can lead to issues with your own creditors. At Mahons we help you to avoid the potentially debilitating knock-on effects of overdue accounts with effective debt recovery services crafted to the unique needs of your business. We assess the debtor’s position, identify the most efficient and effective strategy, and act swiftly to recover what is owed, whether by issuing letters of demand, pursuing court action, or ensuring judgments are enforced. Our approach is practical, cost-effective and focused on securing results while avoiding unnecessary escalation.

Owners corporations (bodies corporate) and incorporated associations face a range of unique legal and governance challenges. Our expert team can assist committees, managers and members with all manner of legal considerations, including disputes, compliance issues, rule enforcement, meeting procedures and contract advice. We’re here to help you navigate the relevant legislation, resolve conflicts, and make decisions that protect the interests of the group. We help you maintain a harmonious, well-governed community through clear, practical, human-first advice. From complex disputes to ad hoc advice and support, our guidance ensures that your strata or not-for-profit entity runs smoothly.