Litigation Lawyer Melbourne

When a dispute cannot be resolved by negotiation alone, you need a litigation lawyer who understands court procedure, manages risk clearly and fights for the outcome you deserve. CMH Lawyers acts for individuals and businesses across Melbourne and the Mornington Peninsula in civil and commercial disputes at every level of the Victorian court system.

Civil and Commercial Disputes

We handle a broad range of contested matters, including contract disputes, partnership and shareholder disagreements, building and construction claims, professional negligence matters, and disputes over goods and services. Whether you are the claimant or the respondent, we provide clear advice on the merits of your position and the likely costs involved before you commit to a course of action.

Our principal, Clinton Hodgart, has acted as instructing solicitor in appellate proceedings before the Full Court of the Federal Court of Australia and is admitted to practise in the Supreme Court of Victoria and the High Court of Australia. We draw on a network of barristers ranging from experienced junior counsel to King's Counsel when the complexity of a matter warrants it.

Courts and Tribunals

We appear and instruct in the Magistrates' Court of Victoria, the County Court, the Supreme Court of Victoria and the Victorian Civil and Administrative Tribunal (VCAT). The choice of court depends on the value of the claim, the type of dispute and procedural considerations. We advise you on the most appropriate forum for your matter and handle all aspects of the proceeding, from drafting pleadings and gathering evidence through to trial or hearing.

Mediation and Alternative Dispute Resolution

Not every dispute needs to go to trial. Mediation and other forms of alternative dispute resolution (ADR) can save significant time and cost while still achieving a fair outcome. Clinton Hodgart is a nationally accredited mediator (NMAS) and a member of the Victorian Association for Dispute Resolution. We can advise on whether mediation is appropriate for your dispute and represent you at mediation or other ADR processes.

Victorian courts frequently order parties to attend mediation before trial. Even where mediation is court ordered, having a lawyer who understands the process and can negotiate effectively on your behalf gives you the strongest possible position.

Contract Disputes

Contract disputes are among the most common commercial disagreements we handle. Whether the issue involves a breach of written terms, an oral agreement, misleading or deceptive conduct, or a failure to deliver goods or services, we work methodically to establish the facts, assess liability and quantify your loss. Where appropriate, we pursue or defend claims for damages, specific performance, injunctive relief, or rescission.

If your dispute involves unpaid debts or enforcement of a judgment, we can manage the full recovery process. For disputes arising from commercial agreements or business transactions, we advise on the contractual and statutory rights available to you.

Partnership and Shareholder Disputes

Disagreements between business partners or company shareholders can threaten the viability of the business itself. We act in disputes over profit distribution, management decisions, breaches of fiduciary duty and oppression claims under the Corporations Act 2001 (Cth). Where the relationship has broken down, we advise on exit strategies including buyouts, winding up and valuation disputes.

Frequently Asked Questions

How much does a litigation lawyer cost in Melbourne?

Litigation costs depend on the complexity of the dispute, the court or tribunal involved, and whether the matter settles or proceeds to trial. CMH Lawyers provides a clear costs estimate before you commit. Contact us on (03) 8488 6665 to discuss your matter.

What is the difference between the Magistrates' Court and the County Court?

The Magistrates' Court of Victoria generally hears civil claims up to $100,000. The County Court hears claims between $100,000 and $750,000. Claims above $750,000 are usually commenced in the Supreme Court of Victoria. Each court has different procedures and cost implications.

What is VCAT and when should I use it?

VCAT (Victorian Civil and Administrative Tribunal) is a tribunal that resolves a range of civil disputes, including residential tenancy, planning, and consumer matters. It is generally less formal and less expensive than court proceedings, though legal representation is still available and often advisable.

Can a dispute be resolved without going to court?

Yes. Many disputes are resolved through negotiation, mediation, or other forms of alternative dispute resolution before reaching a courtroom. Our principal is a nationally accredited mediator (NMAS) and we always consider whether a dispute can be resolved efficiently without the expense of a trial.

What should I do if I receive a statement of claim?

Contact a lawyer immediately. Strict time limits apply to filing a defence or response, and failing to respond can result in a default judgment being entered against you. We can review the claim, advise on your options, and file the appropriate response within the required timeframe.