Practice area 03
Litigation and Dispute Resolution
The firm's Commercial Dispute Resolution Group is built around outcomes — court litigation, arbitration, expert determination and mediation, chosen on the merits of the matter rather than habit.
The firm's Commercial Dispute Resolution Group focuses on positive client outcomes. Our lawyers understand dispute processes from the perspective of the client's commercial position as well as that of authorities, courts and the other parties involved. We offer high-quality advice with a flexible approach to dispute resolution, guiding clients through court litigation, arbitration, expert determination and mediation.
Banking litigation and security enforcement
Our lawyers understand the strategic objectives behind financial transactions. We advise lenders and borrowers in straightforward and complex matters, handling disputes involving registered and unregistered securities. Services include enforcement of mortgages, charges and chattel securities; asset recovery; disputes between financial institutions and their customers; and guarantee disputes.
Contract disputes
We assist with the resolution of contract disputes including purchase and sale agreements, development agreements, leasing agreements, partnership and shareholder issues, and motor vehicle contracts.
Consumer disputes
Our services address the Competition and Consumer Act 2010 (Cth) and state and territory Australian Consumer Laws, including compliance programs, consumer protection issues, ACCC investigations, marketing and distribution, franchising, advertising and promotions, and product liability.
Debt recovery
We provide cost-effective recovery options, from negotiated payment proposals to statutory demands and litigation, including alternative dispute resolution.
Defamation and media
We have significant experience protecting individual reputation and corporate image, from pre-publication advice through to pursuing retractions and damages.
Employment and industrial relations
Our services include responses to Work Health and Safety Act prosecutions, unfair dismissal proceedings, wrongful termination allegations and the defence of discrimination proceedings.
Insolvency and reconstruction
We advise creditors on their rights and obligations, and act in voluntary administration, liquidation, receivership, corporate reconstruction, asset restructuring, breaches of director duties, bankruptcies and insolvent trading claims.
Insurance and risk management
With over 25 years of industry experience, we advise on policy wording, coverage, excess and self-insurance, claims procedures, claims management and indemnity disputes.
Intellectual property and information technology
We identify the issues in patent, copyright, trade mark, licensing and branding disputes, including those affecting trade practice laws with national and international implications.
Joint venture, partnership and shareholder disputes
Our lawyers advise on legal rights and obligations while understanding the commercial context, so that strategy and resolution are aligned to the client's actual objectives.
Planning and Environment Court and Land Court
Our litigation team has significant experience representing applicants and respondents in the Planning and Environment Court.
Property and leasing disputes
We act in landlord and tenant disputes, commercial and residential contract disputes, put and call options, and body corporate disputes.
Tribunals
We represent clients before Queensland tribunals and quasi-judicial entities covering building, employment and professional registration matters.
Related practice areas
All areasProperty Services
Whether it is a large commercial project or a more tailored arrangement, our Property Services team has the expertise to assist you.
Explore 02Corporate and Commercial
If it's a business activity, our corporate advisers have been there and done that.
Explore 04Building, Engineering, Construction
Whether it is a large commercial development or a residential project, our team has the expertise to assist you.
ExploreDispute questions
What to expect if a matter is heading for a fight.
General information only, current at the time of writing — not legal advice. Every matter turns on its own facts, so please talk to us before acting on anything here.
How long do I have to start a claim?
It depends on the claim. In Queensland, actions on contract and most debt claims generally have a six year limitation period; personal injury claims are usually three years, with earlier pre-court notice obligations; defamation is one year. Missing a limitation date usually ends the claim regardless of merit, so get the date confirmed early.
Do I have to go to court?
Very few commercial disputes are decided at trial. Most resolve through negotiation, mediation or expert determination, and courts actively require parties to attempt resolution. Litigation is often best understood as the pressure that makes settlement happen on acceptable terms.
What will it cost, and can I recover my costs if I win?
A successful party usually recovers a proportion of its costs — commonly in the order of 60 to 70 per cent on the standard basis — not the full amount, and only if the other side can pay. That gap is why the commercial merits of running a dispute have to be weighed separately from the legal merits. We give stage estimates rather than a single number, because the other side controls half the variables.
What is a statutory demand and what happens if I ignore one?
A statutory demand is a formal demand on a company for a debt. If it is not paid, or an application to set it aside is not filed, within 21 days, the company is presumed insolvent and the creditor can apply to wind it up. The 21 days cannot be extended — a statutory demand is not something to sit on.
What is mediation, and is it compulsory?
A confidential, without prejudice negotiation run by an independent mediator who has no power to impose an outcome. It is not automatically compulsory, but courts routinely order it and an unreasonable refusal to participate can have costs consequences. In practice a large share of commercial matters settle at or shortly after mediation.
Can a costs order be made against someone who is not a party?
Yes, in the right circumstances. Queensland courts have made costs orders against non-parties who funded litigation, instructed the lawyers or effectively controlled the conduct of a case — particularly where the named party is a corporation of straw. Our article on WOHB Pty Ltd v Williams sets out how the discretion is exercised.
What is a default judgment, and can it be set aside?
If a defendant does not file a notice of intention to defend in time, the plaintiff can obtain judgment without a trial. It can be set aside where there is a satisfactory explanation for the delay, no material prejudice and a defence on the merits — but the application costs money and time, so it is far cheaper to respond to a claim when it arrives.
Should I accept an early settlement offer?
That is a commercial decision informed by legal advice: the strength of the case, what recovery is realistic, what the next stage will cost, and whether the other side can actually pay. Formal offers also carry costs consequences if you reject one and do no better at trial, which is a factor in its own right.
Get in touch
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Tell us what you are dealing with. We will tell you, plainly, what your options are and what it is likely to cost.