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Civil and Commercial Litigation
The transfer of your assets according to your wishes on death takes careful evaluation and insight.

Strong Advocacy When It Matters Most

Disputes disrupt lives and threaten business stability. Whether you’re dealing with unpaid debts, a contract breach, professional negligence, or an urgent injunction, you need a legal team that understands both the law and the stakes. At Kelly & Chapman, we represent clients in civil and commercial litigation across Victoria with a focus on strategic, cost-effective outcomes.

Since 1966

we’ve helped individuals, businesses, and professionals resolve disputes quickly through negotiation, mediation or, when required, with skilled courtroom advocacy. We act with speed, precision and a clear plan to protect your interests.

Civil & Commercial Litigation

Is the area of law involving court-based resolution of disputes between individuals, businesses or other entities.

Includes breach of contract, unpaid debts, property disputes, business conflicts and professional liability claims.

May be resolved through negotiation, mediation, arbitration or court proceedings in VCAT, Magistrates’, County or Supreme Courts.

Requires strict compliance with legal procedures, timelines and evidentiary rules.

Relies on clear legal argument, document preparation, risk assessment and strategic litigation planning.

Why Choose Our Litigation Lawyers

At Kelly & Chapman, we focus on achieving early, favourable outcomes while being fully prepared to take matters to trial if necessary. Our team offers a rare combination of courtroom experience, negotiation skills, and practical commercial judgment.

We provide:

  • Clear advice on prospects and risks
  • Cost estimates and updates at every stage
  • Court document preparation and representation
  • Strategic settlement negotiations
  • Representation at VCAT, Magistrates’, County and Supreme Court levels

We serve clients across Oakleigh, Chadstone, Carnegie, Clayton, Bentleigh and throughout Melbourne’s southeast.

Signs You Need a Civil or Commercial Litigation Lawyer

1. A Contract Has Been Breached

Whether a supplier failed to deliver, a customer refused to pay, or a partnership fell apart, we assess your contract, gather evidence and initiate legal action to enforce your rights or defend your position.

2. You’re Owed a Significant Debt

We assist with debt recovery through:
• Letters of demand
• Court claims
• Enforcement orders
• Bankruptcy or winding-up proceedings

We help recover what you’re owed efficiently and professionally.

3. You’re Involved in a Property, Leasing or Ownership Dispute

Property-related litigation includes:
• Commercial lease disputes
• Unpaid rent or bond issues
• Building defect claims
• Co-owner or boundary disagreements
• Title or caveat disputes

We act for landlords, tenants, co-owners and developers to resolve disputes decisively.

4. A Business Relationship Has Broken Down

We handle:
• Shareholder and director disputes
• Joint venture collapses
• Partnership disagreements
• Breach of fiduciary duty claims
• Commercial misrepresentation or fraud
We protect your business position while minimising financial and reputational damage.

5. You’re Being Sued — or Need to Sue

If you’ve been served with a claim or need to initiate one, we handle all stages of litigation, including:
• Pleadings and evidence
• Court appearances and directions hearings
• Discovery and subpoenas
• Mediation and settlement conferences
• Trial preparation and hearing representation

We manage your case from start to finish with professionalism and focus.

Our Litigation Process

Case Assessment

We assess your legal position, evidence, and objectives. We give you clear advice on whether to proceed and the risks involved.

Legal Strategy

We map out the best approach — whether immediate court action, negotiation, or alternative dispute resolution.

Document Preparation

We draft claims, defences, affidavits, subpoenas, or any required documents tailored to your case and jurisdiction.

Representation

We represent you in all court appearances or VCAT hearings, and liaise with barristers where appropriate.

Resolution & Enforcement

Whether your matter settles or proceeds to judgment, we assist with enforcement orders, appeals or cost recovery.

Why Choose Our Litigation Lawyers

Disputes are stressful — we make them manageable. Our litigation lawyers offer:

Over 50 years of courtroomand negotiation experience

Multilingual support: We speak Greek, Croatian, Bosnian and Serbian

A clear roadmap from the outset, including costs and timelines

Practical focus: We prioritise outcomes, not arguments

Representation at all Victorian court levels and tribunals

Client-first service: You speak directly to your lawyer — no call centres or intermediaries

Civil & Commercial Litigation Services Without the Legal Headache

  • Breach of contract claims
  • Debt recovery and enforcement
  • Shareholder, partnership and director disputes
  • Business and franchise litigation
  • Consumer law claims (ACL breaches)
  • Misleading and deceptive conduct claims Lease and property-related litigation
  • Professional negligence claims
  • Injunctions and urgent applications
  • VCAT disputes
  • Magistrates’, County and Supreme Court litigation
  • Alternative Dispute Resolution (ADR), mediation and settlement

What Our Clients Say

 

  • I recently used the notary public services at Kelly and Chapman Lawyers, and I was very impressed with the experience. The team was professional, efficient, and highly knowledgeable. They took the time to clearly explain each step and ensured all documents were handled with great care and accuracy. The service was prompt, and the staff were friendly and approachable, which made a big difference. I would highly recommend Kelly and Chapman Lawyers to anyone in need of reliable and trustworthy notary public services. Thank you for your excellent support!

    aruna pragash Avatar aruna pragash
    March 20, 2026
  • Thank you so much Laiany Pinto! Your guidance and advice was greatly appreciated during our short settlement. You are very approachable, professional and have exceptional communication. We highly recommend Kelly & Chapman Lawyers!

    Shaun H Avatar Shaun H
    May 9, 2025
  • The work completed on transferring an old title was first rate. Thank you Laiany Pinto.

    John Trotter Avatar John Trotter
    October 7, 2025
  • Super quick, easy and available. No fuss

    Nathan Stuart Avatar Nathan Stuart
    March 31, 2026
  • Brilliant services for our family and businesses Highly recommend

    Digital Attraction Avatar Digital Attraction
    April 24, 2026

Frequently Asked Questions About Litigation

 

Can I recover legal costs if I win a court case?

Usually yes — but it depends on the court, type of case, and the judge’s discretion. We guide you on cost risk at every stage.

How long does a civil case take?
Anywhere from a few weeks (for small claims) to over a year (for complex matters). We work to resolve your matter as early and efficiently as possible.
What’s the difference between VCAT and the court?
VCAT is more informal and often faster. We advise on which forum is appropriate for your dispute.
Do I have to go to court?
Not always. Many disputes are resolved through letters, negotiation or mediation. But if the court is necessary, we’re fully equipped to represent you.
Is there a time limit for starting a claim?
Yes — usually 6 years for contract claims and less for others. Early legal advice is crucial.

Ready to Talk?

It starts with a conversation. No pressure. Just a chance to meet, listen and plan the next step together.