Overview
Litigation is, in our view, what a firm does when its commercial advice has run out of room. Most of our litigation work originates with clients we already advise long before a dispute arises; we know the contracts, the people and the commercial context, and we bring that institutional memory into the courtroom.
We also act for clients we are meeting for the first time, often because their existing counsel has reached the limits of their commercial-litigation experience or because the matter has crossed a jurisdictional or strategic threshold. Either way, the brief is the same: clear-eyed merits assessment, well-prepared advocacy, and a settlement strategy that runs in parallel with the trial strategy from the day we are instructed.
Our practice is led by Neel Shivam, who began his career in private practice as a litigation lawyer and continues to lead the firm's most significant disputes. We act in matters worth a few thousand dollars and matters worth tens of millions; we act for plaintiffs and defendants; we act in commercial disputes, property disputes, banking-and-recovery proceedings, shareholder disputes and the regulatory matters that occasionally cross into court.
Signature matter
Our litigation practice carries a credential that is, by any objective measure, exceptional for a firm of our size — and for any Fijian firm.
Chandrika Prasad v. Republic of Fiji
Hailed by the courts of Fiji as the greatest constitutional case to be ruled on in our jurisdiction, the Chandrika Prasad judgment restored Fiji's 1997 Constitution following the events of the 2000 coup.
Our Managing Partner, Neel Shivam, served as co-counsel on the case in the formative years of his career — and the discipline, advocacy and constitutional rigour the matter demanded continues to inform how we approach litigation across the firm today.
What we do
Our litigation practice spans the matters that commercial clients most commonly face.
Commercial & contract disputes
Disputes arising from supply, distribution, franchise, services, joint-venture and shareholder agreements. Claims, counterclaims and the urgent applications — injunctions, freezing orders, specific performance — that often shape the outcome.
Debt recovery & enforcement
Recovery proceedings for lenders, suppliers and trade creditors. Statutory demands, winding-up petitions, judgment enforcement, garnishee proceedings and bankruptcy applications. See our dedicated debt-recovery practice →
Shareholder & company disputes
Oppression and unfair-prejudice claims, derivative actions, deadlock applications, directors' duty proceedings and the disputes that follow break-ups of closely held companies.
Property & land disputes
Title disputes, boundary disputes, easement and right-of-way matters, landlord-and-tenant proceedings and the iTLTB-related disputes that arise in native-lease contexts.
Banking & financial-services litigation
Defending and prosecuting recovery actions, security enforcement, guarantor disputes and regulatory proceedings touching the financial-services sector.
Employment & industrial disputes
Representation before the Employment Relations Tribunal and the Employment Relations Court — high-profile executive claims, industrial actions, collective-bargaining disputes and workplace-safety prosecutions.
Arbitration & mediation
Domestic and international commercial arbitration, including matters with seat or curial law in Fiji. Court-annexed and private mediation as routes to resolution that preserve commercial relationships where possible.
Insolvency & receivership
Acting for secured and unsecured creditors in contested insolvency matters, voidable-transaction claims, deed of company arrangement and schemes of arrangement.
How we work
The first thing we do in any litigation matter is form a view on the merits. Honest, sometimes unwelcome, always early. A client who knows the strength of their case can make the right decisions about settlement, costs and risk. A client whose lawyer is reluctant to deliver bad news ends up making the wrong ones.
Our litigation runs on disciplined preparation. Pleadings drafted with care, evidence assembled methodically, witnesses prepared properly, and a clear strategic theory that holds the case together from interlocutory to trial. We do not run cases on hope and we do not generate documents for their own sake.
We are equally comfortable in mediation, in arbitration, and in court. The choice between those forums is itself a strategic question, and one we will discuss openly with the client before significant cost is incurred. Our objective is the outcome, not the spectacle.
A dispute on the horizon?
Speak with us early.
The earlier we are involved, the more strategic options remain available. A 30-minute conversation can save months of cost — and frequently changes the shape of the dispute itself.
Request a confidential call →Representative matters
A selection of recent and historic work, anonymised to protect client confidentiality.
Co-counsel in Chandrika Prasad v. Republic of Fiji — the landmark constitutional case that restored the 1997 Constitution following the events of 2000.
Acted for a Fijian commercial supplier in High Court proceedings to recover a substantial trade debt, including a successful freezing-order application against the defendant's Fijian assets.
Defended a closely held Fijian company in oppression proceedings brought by a minority shareholder, resulting in a settlement materially favourable to the company.
Acted for a major commercial bank in the enforcement of secured commercial lending, including mortgagee-sale proceedings and recovery action against guarantors.
Represented an Australian construction company in a Fiji-seated commercial arbitration arising from a hospitality development dispute, with award delivered substantially in our client's favour.
Defended a high-profile corporate client against significant damages claims by departing senior executives, securing favourable outcomes both in the Employment Relations Court and on appeal.
Acted for the executors of a contested estate in High Court probate proceedings, ultimately establishing the validity of the will.
When to call us
Speak with our team when:
- A claim has been issued against you, or you have grounds to issue a claim, in the Fiji High Court or other Fijian court.
- A commercial dispute has arisen and you need a clear-eyed merits assessment before deciding how to respond.
- Urgent relief is required — an injunction, a freezing order, a stay of proceedings.
- A debt is owed and standard demands have failed; recovery proceedings are now appropriate.
- A shareholder dispute is escalating and the company's stability is at risk.
- You are a party to an arbitration — domestic or international — with a Fijian connection.
- A regulator (FCCC, FRCS, Reserve Bank of Fiji, Companies Office) has commenced proceedings or investigation.
- You face an employment matter requiring representation before the Employment Relations Tribunal or Court.
Frequently asked questions
How long does Fiji High Court litigation take?+
Civil proceedings in the Fiji High Court typically take 18 months to three years from filing to trial judgment, depending on complexity, court availability and the cooperation of the parties. Urgent matters — injunctions, winding-up applications, statutory-demand proceedings — can be heard substantially faster. We give a realistic timetable, including the points at which settlement most commonly occurs, at the outset of every matter.
What does litigation cost?+
Fijian civil litigation is generally funded on a time-cost basis at agreed hourly rates. The total cost depends on the conduct of the other side as much as on our own work. A successful party is generally entitled to costs from the losing party, but those costs rarely cover the full economic cost of the litigation — which is one of several reasons we discuss settlement at every stage. We provide cost estimates at every significant phase.
Can a foreign judgment be enforced in Fiji?+
Yes — Fiji has reciprocal enforcement arrangements with certain Commonwealth jurisdictions, and common-law enforcement is available for judgments from others. The process depends on the originating jurisdiction and the nature of the judgment. We routinely act on foreign-judgment enforcement, including from Australian, New Zealand and UK courts.
Is mediation worth doing before issuing proceedings?+
In most commercial disputes — yes. Mediation is faster, cheaper and confidential, and it preserves the commercial relationship in a way that litigation cannot. Where mediation fails, the proceedings remain available. Our practice routinely uses pre-action mediation, especially in shareholder, contract and property disputes.
What is the difference between arbitration and litigation in Fiji?+
Arbitration is a private dispute-resolution process where the parties agree to be bound by the decision of an arbitrator (or panel) rather than a court. It is typically faster, confidential, and the parties have more control over procedure. The disadvantages: limited appeal rights and the cost of the arbitrator's fees. Fiji recognises and enforces arbitral awards, including international awards under the New York Convention. We act in both forums and advise on which is appropriate for the specific dispute.
Do you take on urgent injunction work?+
Yes — and frequently at short notice. Injunctions, freezing orders, and other urgent applications are part of the regular workflow of the practice. We are reachable after hours when a matter genuinely requires it. Where urgency is real, contact us directly and we will move accordingly.