Commercial Litigation
Property and equity disputes, resolved commercially — by lawyers who know the land, the contract and the title.
- Property and equity disputes only — deep specialists, not generalists.
- We act for owners, buyers, sellers, co-owners, developers and investors.
- Commercial, cost-aware strategy — settle early where we can, litigate hard when we must.
- Fixed-fee initial scoping, so you know where you stand before you commit.
- Supreme Court and District Court experience.
When a Property Deal or an Interest in Land Turns Into a Dispute
Most of what we do is help people buy, sell, own and structure property. Sometimes those transactions and ownership arrangements break down — a buyer or seller won’t complete, a co-owner won’t sell, someone lodges a caveat over your title, or a person claims an interest in property that isn’t in their name.
When that happens, you want a litigator who already understands the contract, the title and the equity behind it — not a general commercial litigator learning property law on your matter. That is the niche we fill. Our commercial litigation practice is deliberately narrow: we act only in disputes about property and equitable interests in property.
Because we live in this area every day through our conveyancing, property and SMSF work, we move quickly, frame the real issue, and give you a commercial read on whether to push, settle or walk — before the costs run away from you. We act for buyers and sellers in contract disputes, for co-owners locked into property with someone they no longer agree with, and for anyone whose interest in land is threatened by a caveat, a competing claim or an unregistered arrangement.
The Property & Equity Disputes We Handle
Contract of Sale Disputes
A vendor or purchaser won’t complete, wants out, or has breached. Specific performance, termination, deposits and damages when a sale falls over.
Off-the-Plan & Sunset Disputes
Delays, rescission under sunset clauses, disclosure failures and changes to the plan on off-the-plan purchases.
Co-Ownership Disputes (s66G)
When co-owners can’t agree, we act to force — or resist — a court-ordered sale or partition of the property.
Caveats & Priority Disputes
Lodging, defending, removing and challenging caveats, and resolving competing interests over the same title.
Equitable & Trust Interests
Constructive, resulting and common-intention trusts — claims to property held in another person’s name.
Easement & Boundary Disputes
Rights of way, encroachments, access and boundary disputes between neighbours, owners and developers.
Who We Act For
Buyers & Sellers in a Dispute
When a sale won’t complete or a party wants out, we act to enforce, terminate or defend the contract — and to protect the deposit.
- Notices to complete & termination
- Specific performance & damages
- Deposit forfeiture & recovery
Co-Owners at an Impasse
Siblings who inherited together, former couples, business partners and friends who bought in — when the relationship changes but the property doesn’t.
- s66G applications for sale
- Buy-outs & negotiated exits
- Accounting between co-owners
Owners & Investors Protecting Title
When a caveat, competing claim or unregistered interest threatens your property or your sale, we act to clear or protect the title.
- Removing improper caveats
- Protecting genuine interests
- Priority & trust disputes
Why Property Disputes Reward Early Action
Time Limits Bite
Notices to complete, caveat lapsing notices and limitation periods all run on strict clocks. Miss one and you can lose the right, not just the argument.
Caveats Can Freeze a Sale
A caveat on your title can stall a settlement worth far more than the dispute itself. Moving early keeps deals alive.
Deposits & Damages Are at Stake
Whether a 10% deposit is forfeited or refunded, and who pays for a failed sale, often turns on steps taken in the first days.
Evidence Fades
Texts, emails, agents’ notes and file records decide property disputes. Securing them early is often decisive.
Costs Follow the Strategy
The earlier the real issue is framed, the more options you have to resolve it without a full hearing.
Relationships & Reputation
Co-owner and neighbour disputes are personal. A commercial, measured approach protects more than the balance sheet.
The Kind of Work We Take On
A sense of the property and equity disputes we act in.
An Option Over a Development Site That Unravelled
A landowner granted an option for the other side to buy a development site, with the deal tied to the buyer progressing the development and the option running to an end date that was extended along the way. When a company connected to the buyer claimed it had stepped into the deal as the party now entitled to buy, and tried to enforce the option, the landowner resisted.
On appeal, the court agreed there had been no valid substitution of the buyer: the company had no enforceable right to purchase, and the landowner kept the property. It shows how much can hinge on exactly who holds the right to buy — and whether an option has been properly transferred.
When a Failed Settlement Turned on One Notice
A landowner sold a multi-million-dollar Sydney development site to a developer. The buyer failed to settle on the completion date, so a notice to complete was served to force the sale through — but the notice gave the buyer less time than the contract required. Because the notice was defective, the seller’s later termination was treated as a wrongful repudiation, and the buyer was able to walk away and chase the deposit it had already paid.
It is a stark illustration of how much can turn on getting a single notice to complete right — exactly the kind of issue we’re engaged to get correct, or to hold the other side to, from day one.
A Development Partnership That Fell Apart
Three parties formed a partnership to buy a Sydney residential site, develop it into a small villa-and-townhouse complex, and share the profit. After the development was built and the lots sold, one partner had died, and the surviving partners and the deceased partner’s estate could not agree on the account between them — with several million dollars of net sale proceeds held in trust in the meantime.
We acted in Supreme Court (Equity Division) proceedings for a declaration that the partnership existed, its dissolution, and a full account, so the proceeds could be released to the right parties in the right shares.
How We Run a Property Dispute
Fixed-Fee Initial Scoping
Send us the contract, title, caveat or correspondence. We give you a plain-English read on your position, the options, and the likely costs.
Strategy & Letter of Demand
Where there’s a case (or a threat to answer), we set the strategy and usually open with a well-aimed letter — which resolves many disputes before proceedings.
Negotiation & Mediation
Most property disputes settle. We negotiate hard, use mediation where it helps, and keep the commercial goal in view.
Proceedings, If Needed
If it won’t settle, we run it — in the Supreme Court or District Court — briefing counsel where the matter warrants it.
Resolution & Recovery
We see it through to orders, settlement or sale, and pursue costs and enforcement so a win on paper becomes a real result.
Why Choose Corporate Legal
Property Specialists, Not Generalists
We litigate property and equity — nothing else — so you’re not paying us to learn the area on your matter.
Transaction + Dispute Under One Roof
We understand the deal because we do the deals — conveyancing, contracts, leasing and SMSF property.
Commercial, Not Combative
We measure every step against the value at stake and aim for the most cost-effective result.
Fixed-Fee Scoping
A clear, upfront fee to find out exactly where you stand before you commit.
Straight Advice
We’ll tell you when you don’t have a case as readily as when you do.
Court-Ready
Genuine Supreme Court and District Court experience when settlement fails.
Many disputes start life as a transaction. Because we also handle conveyancing, contract reviews, leasing and SMSF property, we can move seamlessly from advising on a deal to protecting your position if it goes wrong — and back again once it’s resolved.
Frequently Asked Questions
What kinds of commercial litigation do you take on?
Do I have a case, or just a problem?
Will this end up in court?
How much does property litigation cost?
How quickly do I need to act?
Do you act for people bringing and defending claims?
Have a property dispute — or a threat to your title?
Get a fixed-fee, plain-English read on where you stand before you commit to a fight.
Book a Consultation