• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


The Winner in Court Still Has to Pay Legal Costs

You may have heard that if you win your Court case, that the other party will pay your legal costs.  This is not true.  In commercial litigation, you must pay all your legal costs yourself.

If you win your business or general commercial dispute, you may be entitled to an order that the other party compensate you for your legal costs.  But you rarely recover the amount you actually paid.  The Courts deliberately ensure there is a shortfall in costs recovery, so litigants are encouraged to settle their legal dispute by negotiation.

In the Victorian Civil and Administrative Tribunal (VCAT) and similar consumer tribunals, it is standard practice for no costs orders to be made at all.  If you issue a proceeding in VCAT, be prepared to pay all your legal costs yourself, or factor them into any legal settlement discussions.

The Magistrates’ Court, County Court and Supreme Court all routinely order that the defeated party pay the winner an amount for legal costs.  However, that amount is usually only around half of the actual legal costs paid.  In some cases, the costs order is only a small fraction of the legal costs incurred.

Most importantly, the ability to recover costs is always dependant on the defeated party’s ability to pay.  If the other party goes into liquidation you may not be able to recover anything at all.

So, while you may have a strong legal claim, an early settlement may result in a better commercial outcome than litigation.  You should seek early legal advice on how to resolve your commercial dispute without litigation if possible.  Or if commercial litigation is required, use it strategically to settle the dispute quickly.

We have an experienced business and commercial disputes team at Taurus Legal Management that can assist you with any questions you may have.  You can contact us on (03) 9481 2000 or at info@tauruslawyers.com.au.

Posted by Taurus Legal Management