Civil Litigation

Commercial Litigation & Civil Litigation

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Travel, Event or Service cancelled due to the Coronavirus (COVID-19) Pandemic

Can you recover your deposit? 

(Last updated 3.4.20)

If an event or travel plans are cancelled, consumers may have a right to recover their deposits from a service provider:

  1. under the Australian Consumer Law;
  2. under the terms and conditions of the service or travel contract; or
  3. pursuant to principles based in Common Law.

Stage 3 government restrictions are now in effect across the State. Those restrictions may limit the extent to which a consumer may rely on the guarantees in the Australian Consumer Law.

However, some deposits may still be recoverable. Things you should consider include:

  1. the size of the deposit and whether it may be classified as an unfair contractual term;
  2. if there is a force majeure clause in the contract that allows for the return of the deposit;
  3. if the contract has been “frustrated” such that it makes a contractual obligation impossible to perform.

If you have been affected by a change to the performance of your contract and seek remedy, please contact our team of qualified Legal Professionals to discuss the options available to you. We can take your instructions remotely. Call 03 9500 1722 or email: ckl@ckllaw.com.au


When it comes to commercial and civil litigation, our experienced Litigation Lawyers offer frank and personalised advice.

Litigation is often costly and can run for a considerable period of time. It is therefore extremely important to receive sound practical and commercial advice regarding the likelihood of a positive outcome before initiating any action.

Alternative Dispute Resolution (ADR) is an important part of the litigation process. We have an experienced Mediator in the firm who can offer a range of services to clients prior to initiating proceedings through the courts.

Where a dispute cannot be resolved through negotiations, we have the experience and expertise to advise and represent clients in the formal process of litigation.

We are tenacious and persistent litigators in both State & Federal jurisdictions.

Actions can be made against you or generated by you in relation to many parties including:-

  • Employers or Employees
  • Customers, Distributors or Suppliers
  • Partners or Joint Ventures
  • Lessors (Landlords) or Lessees (Tenants)
  • Vendors or Purchasers
  • Executors or Beneficiaries in disputed estates
  • Neighbours
  • Federal, State or Local Government eg. ATO, ASIC , ACCC, or local Council
  • Creditors
  • Insurance Companies

Our experienced litigators can guide you through the litigation process in all types of litigation swiftly and assertively.

Civil litigation services at Melbourne Magistrates' CourtWe are experienced in all courts including:
  • Magistrates’ Court
  • Federal Magistrates’ Court
  • Federal Court
  • County Court
  • Supreme Court
  • Family Court
  • VCAT
  • ACCC

 We handle all types of Litigation including:

Calderbank Offers and Offers of Compromise

What are Calderbank Offers and Offers of Compromise?

They are two methods of sanctioning costs against a party who unreasonably fails to accept an offer of settlement.

By using a Calderbank Offer or Offer of Compromise, you as the Offeror have the advantage of creating potentially adverse cost consequences on the Offeree if your offer is reasonable and not accepted.

This then encourages an environment for settling proceedings prior to or during court proceedings, as it affords a measure of relief to the party who incurs costs unnecessarily as a consequence of unreasonable conduct.

Offer of ComromiseAn Offer of Compromise must be in writing and drafted in accordance with the rules of the particular court/tribunal.  An Offer of Compromise will automatically provide for favourable costs consequences where the Offeree fails to beat the offer.

Calderbank Offers:  Alternatively, Calderbank Offers are less formal and have more flexibility.  As long as the offer is clearly set out and the Offeree is put on notice regarding the potential cost consequences, they are deemed to be in force. Calderbank Offers do not automatically ensure favourable cost consequences but leave the onus on the Offeror to persuade the court to exercise its discretion and order costs due to an unreasonable rejection of the offer by the Offeree.

At Cyngler Kaye Levy, our Litigation Lawyers are able to assist you in choosing the best settlement pathway dependent on the issues in your dispute. It does not matter if your proceedings have commenced, whether there is a monetary claim or not, and whether there is potential for multiple parties/defendants to the proceedings, we can draft the necessary documentation to comply with the court requirements and have your case move forward to settlement, not court.

Please do not hesitate to contact our experienced Litigation Lawyers on +61 3 9500 1722 or email an enquiry.

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