If a party feels that their rights have been infringed on by another party, they may press court proceedings to have the dispute heard by a court of law. This is called commercial litigation and is usually resorted to after negotiations carried out of court have failed to deliver any form of agreement. This article examines the most common forms of commercial litigation, from Compulsory Land Acquisition to Enforcement of Rights Under a Lease as well as Breach of Trade Mark.
I am Glenn Duker, a litigation lawyer based in Melbourne, Australia.
Compulsory Land Acquisitions
If the state, through a relevant department of the government, takes possession of privately owned land in order to use it for some public utility project, this is known as compulsory land acquisition. This may be prompted by a need to expand a road or rail road construction. The law specifies that in the event of such an occurrence, there must be adequate compensation given to the land owner. If the land owner or businesses with leasehold interests on the piece of land feel that the compensation awarded is inadequate, they can lodge a complaint that will be heard and determined by VCAT.
Litigation for Enforcement of Rights Under a Lease Agreement
When two parties enter into a lease agreement, there are rights that apply for the tenant as well as the landlord. The law as well anticipates the possibility of subtenants and other licensees and outlines their rights and obligations. As lease agreements are complex and unique in almost every circumstance, the interpretation of the clauses entered into often call for careful legal consideration and advice. When disputes arise, as often happens, the matter can spill out of control and become a matter before a court or tribunal. There are many instances of such cases arising from previously untested areas of the law and therefore setting precedents.
Litigation Stemming from Breach of Trade Mark
By law, a registered Trade Mark is recognized as the intellectual property of the owner. Where there is infringement of its sanctity, matters are often settled out of court when the opposing party agrees to cease all such acts. There can however be instances where the rights being asserted by one of the parties have to be subjected to due interpretation of the law by a proper court. This form of litigation is generally carried out with the provisions of the Trade Practices Act as well as the tort of passing off. After the mater is determined, the offended party is often awarded damages or an account of profits. It is as well possible for the other party to be compelled to carry out retractive advertising.
From the point of view of a lawyer, commercial litigation is both interesting and challenging in equal measure. However, courtroom litigation should be a measure of last resort whenever possible. It is usually more amicable to carry out negotiations and reach an agreement that suits both parties without the intimidating atmosphere of the courts. In fact, court proceedings most often end with both parties feeling they are worse off than before.
This article is informational only and represents the opinion of Glenn Duker. Be sure to obtain specific legal advice with respect to your scenario.
I am Glenn Duker, a litigation lawyer based in Melbourne, Australia.
Compulsory Land Acquisitions
If the state, through a relevant department of the government, takes possession of privately owned land in order to use it for some public utility project, this is known as compulsory land acquisition. This may be prompted by a need to expand a road or rail road construction. The law specifies that in the event of such an occurrence, there must be adequate compensation given to the land owner. If the land owner or businesses with leasehold interests on the piece of land feel that the compensation awarded is inadequate, they can lodge a complaint that will be heard and determined by VCAT.
Litigation for Enforcement of Rights Under a Lease Agreement
When two parties enter into a lease agreement, there are rights that apply for the tenant as well as the landlord. The law as well anticipates the possibility of subtenants and other licensees and outlines their rights and obligations. As lease agreements are complex and unique in almost every circumstance, the interpretation of the clauses entered into often call for careful legal consideration and advice. When disputes arise, as often happens, the matter can spill out of control and become a matter before a court or tribunal. There are many instances of such cases arising from previously untested areas of the law and therefore setting precedents.
Litigation Stemming from Breach of Trade Mark
By law, a registered Trade Mark is recognized as the intellectual property of the owner. Where there is infringement of its sanctity, matters are often settled out of court when the opposing party agrees to cease all such acts. There can however be instances where the rights being asserted by one of the parties have to be subjected to due interpretation of the law by a proper court. This form of litigation is generally carried out with the provisions of the Trade Practices Act as well as the tort of passing off. After the mater is determined, the offended party is often awarded damages or an account of profits. It is as well possible for the other party to be compelled to carry out retractive advertising.
From the point of view of a lawyer, commercial litigation is both interesting and challenging in equal measure. However, courtroom litigation should be a measure of last resort whenever possible. It is usually more amicable to carry out negotiations and reach an agreement that suits both parties without the intimidating atmosphere of the courts. In fact, court proceedings most often end with both parties feeling they are worse off than before.
This article is informational only and represents the opinion of Glenn Duker. Be sure to obtain specific legal advice with respect to your scenario.
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