Commercial Litigation

Commercial Litigation Lawyer Sydney

Commercial litigation is the process of resolving business disputes through negotiation, mediation and, where necessary, the courts. If your business is owed money, has been let down under a contract, or is in conflict with a partner, shareholder, supplier or customer, a commercial litigation lawyer in Sydney can tell you where you stand, what it will cost and the fastest realistic path to a result.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

Invictus Legal is a Sydney commercial litigation firm based in Marrickville. We act for business owners, companies, directors and individuals in commercial disputes, and we appear in courts across Sydney and NSW. Our principal, Sam Saadat, has obtained urgent injunctions, freezing (Mareva) orders and search (Anton Piller) orders for clients, so we are ready to move quickly when assets or evidence are at risk.

What does a commercial litigation lawyer do?

A commercial litigation lawyer runs a business dispute from the first letter through to settlement, judgment or enforcement. Typical matters include:

• breach of contract disputes and unpaid invoices

• shareholder, partnership and joint venture disputes

• debt recovery, statutory demands and guarantee claims

• disputes about the sale of a business or a commercial lease

• claims against directors and officers

• urgent court orders to stop a party moving assets, breaching a restraint or destroying evidence

Our role is to identify the strongest claim or defence, gather the documents that prove it, and push for an early commercial outcome while keeping the court option ready.

Which NSW court will hear my commercial dispute?

In NSW, the amount in dispute largely decides the court: the Local Court hears claims up to $100,000, the District Court up to $1,250,000, and the Supreme Court of NSW hears larger and more complex matters.

• Local Court – Small Claims Division: claims up to $20,000 (Local Court Act 2007 (NSW) s 29(1)(b)).

• Local Court – General Division: claims up to $100,000 (Local Court Act 2007 (NSW) s 29(1)(a)).

• District Court of NSW: commercial claims up to its jurisdictional limit of $1,250,000 (District Court Act 1973 (NSW) ss 4 and 44).

• Supreme Court of NSW: the State's superior court, with no upper monetary limit. It also hears equitable claims such as injunctions, and has specialist lists for commercial and corporations matters.

Some disputes may also belong in the Federal Court of Australia, for example where Commonwealth legislation is central. Choosing the right court at the start avoids wasted costs and delay.

What is the overriding purpose in NSW civil proceedings?

The overriding purpose is to facilitate the just, quick and cheap resolution of the real issues in the proceedings (Civil Procedure Act 2005 (NSW) s 56(1)).

Every party is under a duty to help the court achieve that purpose, including by complying with directions and orders (s 56(3)). In practice, NSW courts expect parties to narrow the issues, keep evidence focused and take sensible settlement opportunities. An experienced commercial litigator uses these rules to keep your matter moving and to put pressure on an opponent who delays.

How long do I have to sue for breach of contract in NSW?

Generally, six years from the date the cause of action first accrues, which for a breach of contract is usually the date of the breach (Limitation Act 1969 (NSW) s 14(1)(a)).

If the contract is a deed, the period is twelve years (Limitation Act 1969 (NSW) s 16). Other claims, such as those under the Australian Consumer Law or for misleading conduct, can carry different time limits, so do not wait until the deadline is close. Evidence is easier to gather, and opponents are easier to locate, early.

What should I do before starting court proceedings?

Before filing, get advice, preserve your documents and send a clear letter of demand setting out the claim and a deadline to respond.

1. Collect the paper trail: contracts, quotes, invoices, emails, texts and bank records.

2. Check the contract: some agreements require notice, negotiation or mediation before court.

3. Assess recoverability: a judgment is only worth what you can enforce against.

4. Send a letter of demand: many disputes settle at this stage.

5. Consider urgent relief: if the other side may move assets, act immediately.

Will my commercial dispute go to mediation?

Very likely: NSW courts can refer proceedings to mediation with or without the parties' consent (Civil Procedure Act 2005 (NSW) s 26).

Most commercial cases resolve before a final hearing, often at mediation. We prepare for mediation as seriously as for trial, so you negotiate from a position of strength and know exactly what a good settlement looks like.

Who pays the legal costs in commercial litigation?

As a general rule, the losing party is ordered to pay the winning party's costs, because costs "follow the event" (Uniform Civil Procedure Rules 2005 (NSW) r 42.1).

The court can order otherwise, and a costs order rarely covers every dollar you spend. Litigation therefore carries a real costs risk on both sides. We give you a candid assessment of that risk at the outset and at each key stage, and we use settlement offers strategically to protect your position on costs.

What if I need to stop someone moving assets or breaching a contract right now?

You can apply to court for urgent orders, sometimes on the same day and, in a genuine emergency, before proceedings are even commenced (Uniform Civil Procedure Rules 2005 (NSW) r 25.2).

See our guides to urgent injunctions and freezing orders. For an urgent matter, call 0410 600 230.

What does it cost?

The cost of commercial litigation depends on the amount at stake, the court, the volume of documents, the number of witnesses, whether experts are needed, and above all how hard the other side fights. A dispute that settles after a letter of demand costs a fraction of one that runs to a contested hearing.

Fees for commercial matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. For larger matters we keep you updated on costs as the case develops, so there are no surprises.

Frequently asked questions

What is the small claims limit in the NSW Local Court?

The Small Claims Division of the Local Court hears claims up to $20,000 (Local Court Act 2007 (NSW) s 29(1)(b)). The General Division hears claims up to $100,000. Claims above that go to the District Court or Supreme Court.

What is the District Court's monetary limit for commercial claims in NSW?

The District Court's jurisdictional limit is $1,250,000 (District Court Act 1973 (NSW) s 4). Commercial claims above that amount are generally brought in the Supreme Court of NSW.

How long do I have to sue for an unpaid invoice or breach of contract in NSW?

Generally six years from when the cause of action first accrues (Limitation Act 1969 (NSW) s 14(1)(a)). If the contract is a deed, the period is twelve years (s 16). Getting advice early protects your claim and your evidence.

If I win, will the other side pay my legal costs?

Usually the court orders that costs follow the event, meaning the losing party pays the winner's costs (Uniform Civil Procedure Rules 2005 (NSW) r 42.1). The court can make a different order, and a costs order rarely covers all of the costs you actually incur, so costs risk should be weighed from the start.

Can I get an urgent court order before I have even started proceedings?

Yes. In an urgent case, a NSW court can grant injunctive relief, including freezing orders and search orders, on the application of a person who intends to commence proceedings (Uniform Civil Procedure Rules 2005 (NSW) r 25.2). Call 0410 600 230 if your matter is urgent.

Why choose Invictus Legal as your commercial litigation lawyer in Sydney?

Clients come to us for direct access to an experienced principal, practical commercial advice, and the ability to act fast in urgent applications. We appear in the Local Court, District Court and Supreme Court of NSW, and in courts across Sydney and regional NSW. Explore our full commercial law services.

Call Invictus Legal on 02 8553 0500, or 0410 600 230 for urgent injunctions and freezing orders, or book online.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.