Commercial Litigation
Business disputes cost more than legal fees. They cost time, focus, and momentum.
When a commercial dispute erupts, the question isn’t just what is the law. It’s what does resolving this actually require, and what’s the fastest commercial path through it?
Zorić Legal is a Perth-based commercial litigation firm, led by Alena Zorić, a commercial litigation lawyer acting for businesses, insurers, and local governments across Western Australia in disputes that range from contract and shareholder disagreements to complex insurance and recovery matters.
A pragmatic approach to commercial disputes.
Litigation is a tool, not a default. Court proceedings are expensive, slow, and public, and for many commercial disputes, they’re the wrong answer even when the law is on your side.
Before we recommend any course of action, we want to understand three things:
- What commercial outcome actually serves your business? Recovery of money, preservation of a relationship, enforcement of a right, protection of reputation, or some combination.
- What does the matter realistically look like if it proceeds to court? Timeframes, costs, likelihood of recovery, and what the other side is likely to do.
- What alternatives exist, and are they better? Negotiation, mediation, expert determination, or a well-structured without prejudice letter often resolve disputes in weeks rather than years.
Only once we’ve worked through that do we recommend a strategy — and even then, the strategy adapts as the matter progresses. A dispute that starts with a letter of demand might end in mediation. A mediation that doesn’t resolve might become a claim. What matters is that every decision is made deliberately, with a clear view of the commercial stakes.
Western Australian courts increasingly expect this approach. Parties are expected to meaningfully engage in alternative dispute resolution before a matter reaches trial, and courts will question those who refuse to engage without good reason. We take that expectation seriously, not because we have to, but because it usually produces the better outcome.
Commercial disputes we act on
Our litigation practice covers the full range of commercial matters affecting Western Australian businesses, including:
- Contract disputes — breach, interpretation, termination, and enforcement of commercial contracts.
- Shareholder and partnership disputes — oppression claims, buyouts, deadlocks, and exit disputes.
- Director and officer matters — directors’ duties, personal guarantees, and director liability.
- Insurance disputes — denied claims, coverage disputes, and policy interpretation, acting for both insurers and insureds. See our Insurance Disputes page for detail.
- Debt recovery and enforcement — from letters of demand through to judgment enforcement, including means inquiries and property seizure and sale orders. See our Debt Recovery page for detail.
- Construction and project disputes — payment claims, variations, delay and disruption claims, defective work disputes.
- Consumer and regulatory disputes — Australian Consumer Law matters, unfair contract terms, product liability, and regulatory defence.
- Local government disputes — acting for councils on commercial and statutory recovery matters.
If your matter doesn’t fit neatly into one of these categories, it’s still worth a conversation. Commercial disputes rarely come pre-labelled, and early advice often changes the trajectory of how things unfold.
How we work with you
We run matters tightly. That means:
- A clear plan from the start. After our initial consultation, you’ll have a written view of the options, the likely costs of each, and our recommended path. No surprises mid-way through.
- Direct access to a principal lawyer. Your matter is run by Alena, not delegated down a chain. When you call, you speak to the person making the decisions.
- Regular cost updates. We tell you where costs are tracking against the estimate, and we flag changes before they happen rather than after.
- Fixed fees where it makes sense. For defined pieces of work — demand letters, drafting forms, conducting mediations — we offer fixed fees so you can budget with certainty. For matters where the scope is genuinely uncertain, we bill by time with an agreed fee range, regular updates, and clear stop points.
- A commercial lens on every decision. We’ll tell you when to push and when to settle. We’ll tell you when a matter has stopped making commercial sense. And we’ll tell you when the right answer is to walk away, even if that’s not what you wanted to hear.
About Alena Zorić
Alena is the Principal Lawyer at Zorić Legal. She has over a decade of experience in commercial disputes, admitted to practice in the Supreme Court of Western Australia and the High Court of Australia since 2017, and has appeared in courts throughout Western Australia and South Australia.
Her career before founding Zorić Legal includes senior associate roles with international and national law firms with exceptional reputations in insurance and commercial disputes. She is an AMDRAS-accredited mediator and an Adjunct Lecturer at the College of Law Australia, and is a member of the Law Society of Western Australia and Women Lawyers of WA.
Frequently Asked Questions
Do I need to go to court to resolve a commercial dispute?
Usually no. Most commercial disputes resolve through negotiation, mediation, or structured pre-litigation correspondence. Court proceedings are one option among several, and often not the best one. That said, the credible prospect of litigation is sometimes what makes the other side engage seriously, so preparing as if a matter may proceed is often the right strategy even when settlement is the likely outcome.
How long does commercial litigation take in Western Australia?
It depends on the court and the complexity of the matter. A straightforward matter in the Magistrates Court might resolve in 6–12 months. A complex District or Supreme Court matter can run 18 months to several years. Alternative dispute resolution is almost always faster. We’ll give you a realistic timeframe based on your specific matter at the outset.
What does commercial litigation cost?
Costs depend on the scope, complexity, and the other side’s approach. For defined pieces of work, we use fixed fees, so you know what you’re paying. For matters where the scope is genuinely uncertain, we bill hourly with an upfront estimate and regular updates. We offer a free initial consultation so you can get a clear view of your options and likely costs before committing.
Do you act for both plaintiffs and defendants?
Yes. We act on both sides of commercial disputes — though never both sides of the same matter at once. Our work for insurers and their insureds means we regularly act on either side of the same type of dispute, which gives us a practical understanding of how each side thinks. We run a conflict check on every new matter to ensure there’s no overlap with existing or prior clients.
What if I’ve already started a matter with another lawyer?
We can take over mid-matter. Sometimes a fresh set of eyes changes how a dispute progresses, and sometimes the current strategy is sound and we’ll say so. There’s no obligation after the initial consultation.
Speak to a Commercial Litigation Lawyer Perth
If you’re facing a commercial dispute — or trying to work out whether you have one — we’d welcome the conversation. The first consultation is free and focused on giving you a clear view of where you stand and what your options are.