Commercial Litigation & Dispute Resolution

Court representation

Going to court is a decision about money, time and evidence as much as about who is right. Sun Lawyers acts for businesses and individuals in civil proceedings in the NSW courts, the Federal Courts and NCAT, and tells clients plainly at each stage where the case stands. We work in English, Mandarin and Cantonese.

Book a consultation

When you need this

You have been served with a statement of claim, a summons or a tribunal application.
Someone owes you money or has broken a contract and letters have not worked.
You need an urgent order, for example to stop assets being moved or a document being used.
A judgment has been entered against you that you did not know about.
You have a judgment and need it enforced.

What we do

Assess the claim before anything is filed: the evidence, the time limits, the likely cost and whether the other side can pay.
Draft pleadings, affidavits and evidence, and brief counsel where the case needs it.
Appear at directions hearings, interlocutory applications, mediations and trials.
Make and respond to offers of compromise at the right moments.
Enforce judgments, and advise on appeals.

Points worth knowing

Which court. In NSW, the Local Court hears money claims up to $20,000 in its Small Claims Division and up to $100,000 in its General Division; the District Court's limit is $1,250,000; larger claims go to the Supreme Court. NCAT hears building claims up to $500,000. Where the case belongs affects the cost, the rules of evidence and how quickly it moves.
28 days to defend. A defendant has 28 days after being served with a statement of claim to file a defence, unless the court directs another time. If no defence is filed, the plaintiff can apply for default judgment. Do not let a document sit on the desk while you decide what to do.
Time limits. A claim for breach of contract must be started within 6 years. Other causes of action have their own periods, some shorter, so the first question is always whether the claim is in time.
The court's expectations. The overriding purpose of the civil procedure rules is the just, quick and cheap resolution of the real issues, and each party is under a duty to assist the court to achieve it. The court can refer the case to mediation at any stage, with or without consent.
Costs. Costs are in the court's discretion and normally follow the event, so the losing party usually pays a proportion of the winner's costs. A formal offer of compromise that is refused can move that proportion up to an indemnity basis from the day after the offer. Even a successful party rarely recovers all of its legal costs, which is why we look at settlement at every stage.
Enforcement is a separate step. A judgment is not money. It can be enforced by a garnishee order, a writ for the levy of property or, in the District and Supreme Courts, a charging order, and the court can order the debtor to be examined about their finances. We check the debtor's ability to pay before you spend money on a trial.

How we work

01
A first conversation in English, Mandarin or Cantonese about the claim, the documents you hold and any dates on them.
02
Before any work starts, we confirm the scope of work and our fees in writing.
03
We give you a written assessment with the options, the likely cost of each and the dates that cannot be missed, and act on the one you choose.

Common questions

I have been served. What is the very first thing to do?

Note the date of service and count 28 days: that is the time to file a defence. Send us the documents the same day. Missing the date risks a default judgment, which can be set aside but at extra cost.

How long will the case take?

That depends on the court, the complexity and whether the other side engages. Many cases settle at or before mediation, which the court can order at any stage. We give you a realistic timetable at the start and update it as the case moves.

If I win, does the other side pay my lawyer?

Usually part of it. Costs normally follow the event, but they are assessed, and the amount recovered is generally less than the amount spent. A well-timed offer of compromise can increase what you recover.

Related legal services

Shareholders' agreements and investing in a company

Commercial and retail leases in NSW

Buying or selling a business

Loan agreements and personal guarantees

Debt recovery and statutory demands

Shareholder and business partner disputes

Commercial contracts

Franchising

Building and construction disputes

Mediation and dispute resolution

Commercial Litigation & Dispute Resolution →

This page is general information about the law applying in New South Wales and is not legal advice. Please contact us about your own situation.

Last updated: October 2026