Commercial disputes in Victoria are usually heard in the Magistrates’ Court, County Court, or Supreme Court of Victoria, depending on the complexity and monetary value. The Supreme Court’s Commercial Court deals with high-value or complex commercial matters.

In NSW, most commercial disputes are heard in the NSW Local Court, District Court, or Supreme Court, depending on the claim value and complexity. The Supreme Court’s Commercial List hears complex or high-value commercial matters.

While not mandatory in every case, most courts order or strongly encourage mediation as part of case management. Many commercial matters settle at mediation before reaching trial.

Commercial litigation usually follows a set sequence. It starts with any required pre action steps, then the filing of a writ or originating motion. The parties exchange pleadings such as a statement of claim, defence, or counterclaim. They then move to discovery of relevant documents and may deal with interlocutory applications such as injunctions or strike outs. The matter often proceeds to mediation or negotiation before trial. If the case goes to trial, the court issues a judgment, which is then enforced if needed.

Certain cases (e.g., retail leases, some consumer disputes) require pre-litigation steps, such as issuing a notice of dispute or attempting negotiation first. Even when not compulsory, courts expect parties to try resolving matters before filing.

An interlocutory injunction is a temporary court order restraining or compelling certain actions until the final hearing. It is used where urgent relief is needed—for example, preventing a party from breaching a contract or misusing confidential information.

Common ADR options include mediation, arbitration, expert determination, negotiation, and early neutral evaluation. These processes offer ways to resolve disputes without going through a full court hearing.

The usual rule is costs follow the event—the losing party pays the winning party’s legal costs. However, the court has discretion and may order different costs arrangements (e.g., indemnity costs for unreasonable conduct).

A statement of claim is the document a plaintiff files and serves on a defendant to begin court proceedings. It sets out the facts and legal basis for the claim and the remedy sought (e.g., damages or specific performance).

Discovery is the process where parties exchange relevant documents.

Common remedies include damages for loss, specific performance (requiring a party to fulfil a contractual obligation), injunctions, declarations, and accounting for profits.