Commercial Litigation Lawyers in Melbourne
Oldham Construction Lawyers is an experienced commercial litigation practice in Melbourne, focused on resolving the disputes that arise around construction, development, property and major projects. This is not broad corporate litigation. It grows out of contracts, building work, developments and the commercial relationships involved.
Our first goal is usually to keep you out of a long and costly court case. Many disputes can be resolved earlier and at lower cost through negotiation or alternative dispute resolution. When a matter does need to be fought, we are ready to litigate, and we prepare every case with that possibility in mind.
As commercial litigation lawyers who Melbourne developers, builders and property owners rely on, we stay focused on the commercial outcome, not just the legal argument.
Commercial Litigation in a Construction and Property Context
Commercial litigation refers to legal disputes that arise in a business or commercial context.
Most of our litigation arises from:
Project disputes
Development and property-related disputes
Contract breakdowns
Building and defect matters
Owners Corporation conflicts
The commercial litigation Melbourne clients bring to us almost always connects back to a project, a property interest or a contract. If your dispute sits in that territory, you are in the right place.
What We Handle in Commercial Litigation
At Oldham Construction Lawyers, our litigation work falls into four main areas, each tied to matters we deal with regularly.
Contract Disputes
These cover contract interpretation, breach claims, termination disputes and payment disputes.
Property Disputes
We act in development and property transaction disputes, lease disputes and conflicts between stakeholders.
Building and Construction Disputes
This includes variations, defects, delay disputes and the wider fallout when a project goes awry.
Owners Corporation Disputes
These often involve building defects, common property, governance, levies and disputes between stakeholders.
Trade Practices and Misleading Conduct Claims
We have a strong record in trade practices litigation, including matters involving misleading or deceptive conduct. We successfully prosecuted such claims in Noonan v Renaissance Assets (2013).
Many of the matters we deal with respond to false representations made in commercial or development settings, where the offending conduct has caused real financial loss in a project, property or contract context. Where misleading conduct has cost you money, our experienced commercial litigation lawyers can help you assess and pursue a claim.
Development, Project and Off-the-Plan Disputes
Development and off-the-plan matters sit at the core of our litigation practice. Our court success in Mirvac (Docklands) Pty Ltd v Philp (2004) led the Victorian government to change the law on off-the-plan contracts, and we acted in the landmark development contracts decision in Burbank v Owners Corporation (2015).
Disputes in these areas commonly arise from development contracts, off-the-plan arrangements and the commercial fallout when a project does not proceed as planned, including where the interests of developers, purchasers and other stakeholders collide. We bring that experience to bear in resolving these disputes. Where necessary, we litigate. Where it better serves your commercial position, we pursue negotiation or alternative dispute resolution.
Our Approach to Commercial Litigation
Our approach is built around protecting your commercial position while keeping cost and disruption under control.
In practice, that usually means:
A rapid assessment of the issue and a review of the key documents
A clear discussion of your objectives, risk and commercial priorities
Negotiation or mediation where that offers the better path
Litigation-ready preparation if the matter needs to escalate
Ongoing, practical advice at every stage
We focus on delivering clear communication and realistic expectations, so you always understand where a matter stands and what your options are. This is the strategic, outcome-focused approach to commercial litigation Melbourne clients expect from a specialist construction and property practice.
Why Choose Us for Commercial Litigation
The right litigation team makes a real difference to both the outcome and the cost. Here is what we bring:
A focus on minimising disputes and avoiding costly court action where possible
Strong litigation and alternative dispute resolution capability
Success in significant Victorian litigation matters
Experience across contract, property, construction and Owners Corporation disputes
A track record of success in trade practices litigation
Our experience includes involvement in notable Victorian matters, including:
Mirvac (Docklands) Pty Ltd v Philp (2004)
Speak With Our Commercial Litigation Lawyers in Melbourne
Whether you need experienced commercial litigation lawyers in Melbourne for a project dispute, or experts who understand development and Owners Corporation matters, we are ready to help. Talk to our experienced commercial litigation lawyers early, while you have the widest range of options. For assistance with a litigation matter, please call (03) 9640 0002.

