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Can You Sue a Company in Australia?
Yes. Under Australian law, a company is a separate legal entity with the same capacity to sue and be sued as an individual. This principle is established under the Corporations Act 2001 (Cth), which gives companies their own legal standing independent of their directors or shareholders.
You can bring a claim against a company for almost any matter that would apply to a person, including unpaid debts, breach of contract, negligence, misleading or deceptive conduct under the Australian Consumer Law, or failure to deliver goods or services.
Before commencing any proceedings, you should confirm that the company is still registered with ASIC and has assets capable of satisfying a judgment. Taking legal action against an insolvent company or one with no assets is generally not worthwhile.
Common Ground for Suing a Company | Legal Basis | Typical Court |
|---|---|---|
The company failed to pay a debt or invoice | Contract law / Debt recovery | Local or District Court |
The company breached the terms of a contract | Contract law | Local, District, or Supreme Court |
The company’s negligence caused you loss or harm | Tort Law / Negligence | District or Supreme Court |
The company misled you or engaged in false conduct | Australian Consumer Law (ACL) | Federal Court or Supreme Court |
The employer wrongfully dismissed you | Fair Work Act 2009 (Cth) | Fair Work Commission / Federal Court |
The company infringed on your intellectual property | Trade Marks Act / Copyright Act | Federal Court of Australia |
What Type of Lawyer Do I Need to Sue a Company in Australia?
The right lawyer depends on the nature of your dispute. Most claims against companies fall under commercial litigation, which covers contract disputes, debt recovery, negligence, and consumer law claims.
Commercial litigation lawyers, sometimes described as lawyers for suing companies or lawyers that sue companies on behalf of their clients, handle the full process from pre-litigation strategy through to trial and enforcement of judgment.
Type of Dispute | Lawyer You Need |
|---|---|
Breach of contract, unpaid debts, and general business disputes | Commercial litigation lawyer Sydney |
Negligence causing personal injury or financial loss | Personal injury or commercial litigation lawyer |
Wrongful dismissal or workplace rights breach | Employment / unfair dismissal lawyer |
Misleading conduct or consumer rights breach | Commercial litigation or consumer law specialist |
Trademark or copyright infringement | Intellectual property lawyer |
Large corporation or potential class action | Senior commercial litigation specialist |
Not sure which type of lawyer you need? Our commercial litigation lawyer Sydney team can assess your situation and advise on the right specialist. Early advice often clarifies whether your claim is worth pursuing and what it will realistically cost.
How to Sue a Company in Australia: Step by Step
Here is the complete process for commencing legal action against a company in Australia.
Step 1: Confirm your legal grounds
Before doing anything else, establish that you have a valid legal claim. You need to identify the legal basis, whether that is breach of contract, negligence, a statutory right under the Australian Consumer Law, or another cause of action.
Three key questions: Did the company owe you a legal duty or obligation? Did they breach it? Did you suffer a quantifiable loss as a direct result? If yes to all three, you have the foundation of a claim.
Step 2: Send a formal letter of demand
Most disputes can be resolved without commencing court proceedings. A well-drafted letter of demand from a lawyer puts the company on formal notice, specifies what is owed, and sets a deadline for payment or response, typically 14 to 28 days.
Companies receive these letters regularly through their legal departments. Many respond and negotiate a settlement at this stage because defending proceedings costs them significantly more than resolving the matter early.
If you need the company to stop harmful conduct immediately, such as using your intellectual property or breaching a non-compete clause, a cease and desist letter in Australia can be an effective first step alongside or instead of a demand for payment.
Step 3: Attempt mediation
Australian courts expect parties to attempt resolution before filing. Mediation involves a neutral third party who helps both sides reach an agreement. It is faster, cheaper, and more confidential compared to a full trial.
If mediation fails or the company refuses to participate, you file your claim in court. Having attempted mediation also strengthens your position in proceedings because it demonstrates you acted reasonably.
Our business dispute lawyer team assists with mediation, arbitration, and negotiated settlements before matters proceed to formal litigation.
Step 4: File your claim in the correct court
If the dispute cannot be resolved, you file a claim in the appropriate court. Choosing the right court is critical: filing in the wrong one can result in your claim being dismissed or transferred, costing time and money.
Court / Tribunal | Claim Amount (NSW) | Typical Matters |
|---|---|---|
NSW Civil and Administrative Tribunal (NCAT) | Up to $30,000 (consumer) | Consumer disputes, tenancy, small contracts |
NSW Local Court | Up to $100,000 | Debt recovery, small contract disputes |
NSW District Court | $100,001 to $750,000 | Mid-range contract and negligence claims |
NSW Supreme Court | Over $750,000 or complex matters | Large commercial disputes, injunctions |
Federal Court of Australia | Federal law matters | Consumer law (ACL), IP, insolvency, class actions |
Fair Work Commission | Employment disputes | Unfair dismissal, general protections claims |
Step 5: Serve the claim on the company
Once filed, the claim must be formally served on the company. For Australian companies, service is done by delivering documents to the company’s registered office as listed on the ASIC register.
Improper service can result in the proceedings being set aside. Your lawyer manages this process to ensure full compliance with court rules.
Step 6: Discovery and pre-trial process
After the company files its defence, both parties exchange relevant documents through discovery. This includes contracts, emails, invoices, and any other evidence relevant to the dispute.
Settlement discussions often intensify during this phase. Most civil disputes in Australia are resolved during or shortly after discovery, without proceeding to a full hearing.
Step 7: Trial and judgment
If the matter does not settle, it proceeds to trial before a judge. Both parties present evidence and legal submissions. The judge then delivers a judgment, which may include damages, costs, or injunctive relief.
If you succeed, the court will typically order the company to pay a portion of your legal costs in addition to the amount claimed. Full cost recovery is rarely ordered.
Step 8: Enforce the judgment
Obtaining a judgment does not automatically mean you receive payment. If the company does not comply, enforcement options include garnishing bank accounts, registering a writ over company assets, or applying to wind up the company if the debt exceeds $4,000 and the company cannot pay it.
Suing a Company for Negligence in Australia
Negligence is one of the most common grounds for commencing proceedings against a company in Australia. A negligence claim arises when a company owes you a duty of care, breaches that duty, and causes you harm or financial loss as a direct result.
To succeed, you must prove all three elements. Expert evidence is often required to establish the applicable standard of care and the causal link between the company’s conduct and your loss.
How to sue a company for negligence: what you need
- Evidence that a duty of care existed, such as a professional engagement, a contract, or premises occupancy
- Evidence of the breach, typically expert reports, photographs, or contemporaneous records
- Evidence of your loss, such as medical records, repair quotes, or financial statements
- A clear causal link between the breach and your specific loss
Common negligence claims against companies include building defects, defective products, professional negligence by accountants or financial advisers, and personal injury on business premises.
How to bring a negligence claim against a business
The process follows the same steps as any commercial claim: letter of demand, mediation attempt, and if necessary, filing proceedings in the District or Supreme Court, depending on the amount at stake.
Negligence claims can also be brought under the Australian Consumer Law if the company supplied a defective product or service. The ACL provides additional statutory consumer guarantees that apply regardless of the contract terms.
Suing a Large Company or Major Corporation in Australia
Suing a corporation in Australia, whether large or small, is legally no different from bringing a claim against an individual. The Corporations Act 2001 gives companies the same legal standing as persons. Commencing proceedings against a major corporation follows the same process, but the practical challenges are greater.
Large companies retain experienced legal teams and have significant resources to defend claims and prolong proceedings. They also know that most claimants will back down when faced with a protracted legal battle.
The key is preparation. A well-documented claim with clear evidence and experienced legal representation levels the playing field considerably. Large companies also have reputational interests in settling meritorious claims quietly.
Key considerations when taking on a corporation
- Confirm the company is solvent and has assets to satisfy a judgment before investing in litigation
- Assess whether a class action is appropriate if the company’s conduct affected many people in the same way
- Prepare for the company to file a detailed defence and potentially a cross-claim against you
- Engage a commercial litigation lawyer in Sydney with specific experience in disputes
Alternative pressure mechanisms
Beyond court proceedings, regulatory complaints can put effective pressure on a large company. Filing a complaint with the ACCC for consumer or competition law breaches, ASIC for corporate misconduct, or the Fair Work Commission for employment issues can sometimes produce faster results.
These regulatory pathways are separate from your private legal rights and do not prevent you from also commencing your own proceedings in court.
How To Sue A Company In Australia
Avoid Costly Legal Mistakes Before Taking Action
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Get clear advice on your legal rights before starting a claim against a company. Understand the correct legal process, gather the right evidence, and reduce the risk of delays or dismissal. Take the right steps with confidence under Australian law.
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Suing Your Employer in Australia
Taking legal action against your employer in Australia involves different laws and forums compared to general commercial disputes. The right pathway depends on the nature of your claim.
Claim Type | Where to File | Time Limit |
|---|---|---|
Unfair dismissal | Fair Work Commission | 21 days from dismissal |
General protections (adverse action) | Fair Work Commission | 21 days from dismissal |
Unpaid wages or entitlements | Fair Work Commission or Federal Circuit Court | 6 years generally |
Breach of employment contract | Relevant state or federal court | 6 years |
Workplace injury or negligence | Workers compensation authority | Varies by state |
Discrimination or harassment | State tribunal or the Australian Human Rights Commission | Varies by claim |
For employment claims, see our guide on unfair dismissal lawyers in Sydney. Time limits in employment matters are short and strictly enforced. Missing the 21-day window for unfair dismissal is rarely grounds for an extension.
When You Should NOT Sue a Company in Australia
Not every dispute is worth pursuing through the courts. Lawsuits against companies can be expensive, time-consuming, and unpredictable. Before commencing proceedings, consider honestly whether litigation is the right option for your situation.
The company is insolvent or has no assets
If the company is in administration, liquidation, or has no assets, a court judgment will be worthless. Check ASIC to confirm the company’s current status and whether a liquidator has been appointed. If the company is being wound up, your claim may need to be lodged with the liquidator as a creditor’s proof of debt instead.
Your legal costs will exceed what you can recover
If your claim is for $8,000 but legal proceedings will cost $15,000 to run, litigation does not make financial sense. Small claims are often better handled through NCAT or the Local Court’s small claims division, where costs are lower, and self-representation is more practical.
When your evidence is weak
Courts decide cases based on evidence. If you do not have documented proof of the agreement, the breach, and your loss, your claim may be difficult to establish even if you know you are in the right. Before committing to proceedings, have a lawyer assess the strength of your evidence honestly.
The dispute can be resolved faster in another way
Regulatory complaints to the ACCC, ASIC, or Fair Work Commission, or internal escalation through a company’s complaints process, can sometimes resolve matters faster and at no cost. Mediation through industry bodies is another option worth exploring before committing to litigation.
How Long Does It Take to Sue a Company in Australia?
How long it takes to sue a company in Australia depends heavily on which court you are in and whether the matter settles. The honest answer is: it varies significantly.
Stage / Pathway | Typical Timeframe |
|---|---|
The letter of demand resolves the dispute | 2 to 6 weeks |
Mediation or settlement before filing | 1 to 3 months |
NCAT or Local Court small claims hearing | 3 to 9 months |
District Court matter to trial | 12 to 24 months |
Supreme Court or Federal Court matter | 18 months to 3+ years |
Enforcement of a judgment | 1 to 6 months after judgment |
Most civil disputes in Australia settle before trial. A realistic expectation for a commercial dispute that proceeds to mediation and then court is 12 to 24 months from the date proceedings are filed.
How Much Does It Cost to Sue a Company in Australia?
The cost of commencing legal proceedings against a company ranges from a few hundred dollars in a small claims tribunal to tens of thousands in the Supreme Court or Federal Court of Australia.
Cost Item | Estimated Range |
|---|---|
Letter of demand (lawyer drafted) | $300 to $800 |
Mediation session | $1,000 to $5,000 |
NCAT or small claims filing fee | $50 to $500 |
NSW Local Court filing fee | $100 to $800 |
District or Supreme Court filing fee | $800 to $5,000+ |
Commercial litigation lawyer hourly rate | $350 to $600+ per hour |
Expert witness reports (if required) | $2,000 to $15,000+ |
Total for a straightforward dispute | $5,000 to $30,000 |
Total for a complex Supreme Court matter | $50,000 to $200,000+ |
For a detailed breakdown of what litigation costs in practice, see our guide: How Much Does It Cost to Sue Someone in Australia. If you succeed, the court will typically order the company to pay a portion of your legal costs, known as a costs order. Courts generally award 60 to 70% of the successful party’s actual costs, meaning you will still incur some out-of-pocket expenses even if you win. For unpaid debts specifically, our debt recovery lawyer Sydney team can advise on the fastest and most cost-effective path to recovering what you are owed, including statutory demand and winding-up procedures.
Before You Commence Proceedings: A Checklist
- Check the company is still registered: Search ASIC Connect to confirm it exists, is registered, and has no insolvency proceedings on foot.
- Gather and preserve all evidence: Contracts, invoices, emails, text messages, photos, and witness details should be secured before you approach the company.
- Calculate your loss accurately: Courts award damages based on what you can prove. A clear, documented calculation including interest and consequential losses strengthens your claim.
- Check your limitation period: Contract claims are generally six years in most states. Negligence claims are typically three years from the date of discovery. These deadlines cannot usually be extended.
- Assess the cost-benefit honestly: With your lawyer, compare the likely cost of proceedings against the realistic recovery. Engaging a lawyer for a lawsuit against a company, rather than attempting self-representation, is almost always worth it for claims above $20,000.
- Consider alternatives first: A letter of demand, mediation, or regulatory complaint may resolve the matter faster and cheaper than court proceedings.
Frequently Asked Questions
How do you sue a company in Australia?
Confirm your legal grounds under contract law, negligence, or the Australian Consumer Law. Send a formal letter of demand. Attempt mediation if unresolved. File a claim in the correct court based on your claim amount. Serve the claim on the company’s registered office. Proceed through discovery and, if necessary, trial. Most disputes settle before reaching a full hearing.
What type of lawyer do I need to sue a company in Australia?
For most business disputes involving breach of contract, unpaid debts, negligence, and consumer law claims, you need a commercial litigation lawyer. For employment matters, an employment lawyer. For IP claims, an IP specialist. A commercial litigation firm can assess your situation and direct you to the right specialist if needed.
Do you need a lawyer to sue a company in Australia?
For small claims under around $20,000 in NCAT or the small claims division of the Local Court, you can represent yourself. For matters in the District Court, Supreme Court, or Federal Court, having a lawyer significantly improves your prospects. Companies will almost always have legal representation, which creates an uneven playing field if you are unrepresented.
How long does it take to sue a company in Australia?
A letter of demand can resolve matters in 2 to 6 weeks. If proceedings are filed, small claims typically take 3 to 9 months. District Court matters take 12 to 24 months. Supreme Court or Federal Court matters can take 18 months to 3 or more years. Most disputes settle before trial.
How much does it cost to sue a company in Australia?
Costs range from a few hundred dollars for a small claims filing to hundreds of thousands for a complex Supreme Court dispute. A straightforward commercial claim typically costs $5,000 to $30,000 all in. If you win, the court may order the company to pay a portion of your costs, but this rarely covers the full amount.
How do I sue a company for negligence in Australia?
To bring a negligence claim against a company, you must prove that a duty of care existed, the company breached that duty, and you suffered a quantifiable loss as a direct result. Expert evidence is often required. Negligence claims are also subject to a three-year limitation period from the date you discovered the harm in most states.
Can I sue a large company or major corporation in Australia?
Yes. Commencing proceedings against a large company or major corporation is legally no different from bringing a claim against a small business. Large companies often prefer to settle meritorious claims quietly to avoid reputational damage. Experienced commercial litigation representation is essential when taking on a corporate defendant.
How do I file a lawsuit against a company in Australia?
Prepare a Statement of Claim outlining your claim and the remedy sought, file it in the appropriate court with the required filing fee, and formally serve the documents on the company’s registered office as listed with ASIC. Your lawyer will manage this process to ensure full compliance with court procedural requirements.
How do I sue my employer in Australia?
Unfair dismissal and general protections claims must be filed with the Fair Work Commission within 21 days of dismissal. Breach of employment contract claims go to the relevant court. Workplace injury claims go through the workers’ compensation system. Time limits are strict, so seek legal advice on the same day you are dismissed if possible.
What does a lawyer for a lawsuit against a company do?
A lawyer for a lawsuit against a company disputes handles your legal grounds assessment, letter of demand, mediation, court filing, discovery, and trial representation. Engaging a specialist for lawsuit against company proceedings ensures compliance with court rules and maximises your chances of a successful outcome.
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Joe Shi
4 months ago
Tina Tang is doing excellent service job as a profesional lawer and provide valued information about property purchase issue.Thank you so much,we are appreciated to your skilled help and hope to cooperate with your esteemed company,current residential living apartment 506/2-4 Culworth Ave Killara should be put in market,we hope Tina Tang will provide support as well.thank you so much.
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Ying Wan
5 months ago
We had an excellent experience with CMI Legal during our property purchase. The team was highly professional, detail-oriented, and extremely knowledgeable throughout the entire process. They carefully reviewed all contracts, clearly explained potential risks, and provided practical advice at every stage, which gave us great peace of mind. Communication was prompt and clear, and they were always patient in answering our questions. Their efficiency and attention to detail made what could have been a stressful process smooth and well-managed. We would confidently recommend CMI Legal to anyone looking for reliable and trustworthy conveyancing and legal services, with special thanks to Tina for her professionalism, patience, and exceptional support throughout the process.
郭小姐
5 months ago
Attorney Tina was professional and patient; I am very grateful for her legal assistance during my home sale process.
Solutions NovaBuild
5 months ago
John and Tina are the best! I just had another settlement through them. Everything was so smooth and they are reminding you every step for the key points.
P W
7 months ago
I recently used CMI and worked with Tina for my property settlement. Tina was extremely helpful, patient and very professional throughout the entire process. She explained everything clearly, kept me updated at every step and made the whole experience smooth and stress-free. I couldn’t have asked for a better lawyer. Highly recommend Tina and the CMI team!
Andy Hsieh
7 months ago
I’ve been incredibly lucky to have Tina as my solicitor. She has been outstanding throughout the entire contract exchange and settlement process. She is always the first to respond, timely, and extremely efficient. Her attention to detail is exceptional, and she consistently makes sure everything is in the buyer’s best interest. Super attentive, helpful, and genuinely caring. I wouldn’t hesitate to recommend Tina to anyone looking for reliable and professional legal services.
David Lin
7 months ago
Many thanks to Senior Lawyer Tina Tang for helping me handle the sale of my property in Sydney. She liaised with the real estate, banks and buyers broker and explained everything well and handled the sale meticulously.Her professional ability, experience and sense of responsibility are trustworthy. I recommend Tina and CMI for anyone looking for support in real estate sales.
David Lin
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Denis Lebrun
7 months ago
John Zhang has been absolutely great in helping me with my EOI and application for a skilled visa in Australia. On both calls I've had with John, I have had a multitude of questions for him which he answered in depth and gave me all the information I required. He really has a great amount of knowledge and I would highly recommend him and the CMI legal team for their efficiency and professionalism.
Jing LI
9 months ago
I was very fortunate to have Tina TANG from CMI as my conveyancing solicitor for the recent sale of my property. She demonstrated exceptional professionalism and dedication throughout the entire process — from preparing the contract, exchanging contracts, right through to settlement. What impressed me the most is that even after settlement, she continued to go above and beyond to assist me as the vendor, making sure everything was properly taken care of.
Her diligence, patience, and attention to detail gave me great peace of mind and took away a lot of the stress of selling a property. I would highly recommend her to anyone looking for a reliable, professional, and truly supportive conveyancing solicitor. ⭐⭐⭐⭐⭐
Her diligence, patience, and attention to detail gave me great peace of mind and took away a lot of the stress of selling a property. I would highly recommend her to anyone looking for a reliable, professional, and truly supportive conveyancing solicitor. ⭐⭐⭐⭐⭐
Sabrina Ng
11 months ago
Outstanding service from start to finish. Tina Tang handled my unit's sales contract with exceptional professionalism. Communication was always clear and prompt, making the whole process smooth and stree free. I highly recommand Tina to anyone seeking a reliable and knowledgeable solicitor.
Max Swan
12 months ago
I’ve had an incredibly positive experience working with John & Winnie on my matter. From start to finish, they have been professional, knowledgeable, and genuinely supportive throughout what’s been a stressful time for me.
They explained every step of the process clearly, responded promptly to any questions I had, and made complicated situations feel a lot more manageable. I felt like I was in good hands the entire time, and their calm, confident approach really helped me stay grounded.
Highly recommend CMI services to anyone needing immigration or legal assistance — couldn’t be more grateful.
Thanks again!
They explained every step of the process clearly, responded promptly to any questions I had, and made complicated situations feel a lot more manageable. I felt like I was in good hands the entire time, and their calm, confident approach really helped me stay grounded.
Highly recommend CMI services to anyone needing immigration or legal assistance — couldn’t be more grateful.
Thanks again!
danny
1 year ago
As an old customer of CMI, this year is already the 8th year. Special thanks to attorney John and attorney Tina for carefully answering our various questions, providing a lot of professional advice and help, allowing us to easily complete each transaction.
Vivien Lu
1 year ago
Tina was a great lawyer - she was always incredibly knowledgeable, answered all questions promptly, and very friendly. Would recommend Tina!
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1 year ago
Jeremy Tong
2 years ago
Tina was a great help in guiding us through our first home buying experience. She gave us a lot of great explanations and advice from initial discussion of the process through every step until successful settlement. Communication and resolution of issues was prompt and professional.
Yun Jung Hsieh
2 years ago
Tina is a fantastic lawyer. her responses to my queries were thorough and timely, and impeccable organizational skills! Truly appreciated her clear and consistent communcation througout the entire property-purchasing process. she handled everything with profressionalism and expertise, making what could have been a stressful experience much smoother. Highly recommend!
Jeena Jung
2 years ago
We had the pleasure of working with Tina as our solicitor for our first home purchase, and we couldn’t have been in better hands. She carefully explained every step of the process, guiding us through what initially felt overwhelming and unfamiliar. Buying off the plan made us particularly cautious, especially when it came to reviewing legal documents. Tina’s meticulous approach put us at ease—she ensured we both clearly understood each aspect, taking the time to highlight and reorganise information to make it more accessible. Her dedication and professionalism made the entire experience far less daunting, and we’re truly grateful for her support.
Keyu Jiang
2 years ago
John and Tina have provided great professional legal service since 2017 for me.
Ian Pereira
2 years ago
I realised that I hadn’t left a review for my dealings with CMI legal. I had dealt with them a few months ago, but an epiphany made me come and leave a review.
5 stars is insufficient to express their work. We were working Dee and she is an amazing and thorough professional. She goes above and beyond and explains matters that makes you understand things really well. Thank you Dee for your amazing work.
5 stars is insufficient to express their work. We were working Dee and she is an amazing and thorough professional. She goes above and beyond and explains matters that makes you understand things really well. Thank you Dee for your amazing work.
