Litigation & Disputes

Litigation & Disputes


Aitken Whyte Lawyers Brisbane

Litigation and Dispute Resolution Lawyers And Solicitors for Brisbane, Queensland

Commercial Litigation - Brisbane Lawyers

Our Brisbane team of litigation lawyers provide a full range of commercial litigation, civil litigation and dispute resolution legal services for our clients. Our solicitors have successfully been involved in complex commercial litigation, dispute resolution and civil litigation in all courts in Brisbane, Queensland and the Federal Courts.

Depending on the size of the claim, the action will be brought or defended in the Magistrates’, District or Supreme Court. Disputes under federal legislation are determined by the Federal Court and Federal Circuit Courts.  There are also various state based tribunals that can adjudicate on some disputes such as retail shop leases and building matters and including QCAT (Queensland Civil and Administrative Tribunal).

Commercial litigation and dispute resolution legal advice, appearing in courts and resolving disputes efficiently and early, is the backbone of the legal services our law firm provides. Our solicitors have significant experience and expertise in dealing with contentious and complex disputes and ensuring our clients obtain positive results whether prosecuting or defending claims that are being made.

The legal system as it relates to disputes, is to a large extent an adversary system where each party involved has their own lawyers who prepare the matter for a trial. A single judge or magistrate will then hear the trial with each party presenting their version of factual and legal matters to the court and the court making a determination based on this. The planning of commercial litigation involves meticulous preparation and expertise. The courts have an overriding philosophy to manage litigation and to bring them to an early and economical end in line with the needs of justice. This requires parties to proceed expeditiously or risk sanctions including the dismissal of the claim or defence.

Our law firm ensures such philosophy is met in the legal advice and legal services being provided to our clients. Commercial litigation and civil litigation in the Supreme and Federal Courts is case managed by the law courts which could be through a supervised case or a commercial list. This generally means there are directions given, or a timetable of events set down that each party needs to meet. There will also usually be a compulsory alternative dispute resolution mechanism involved such as a mediation before the court allows the dispute to be set down for a trial.

You can find useful information about commercial litigation, civil litigation and alternative dispute resolution from the government websites for each Australian Court.  Here is a list of courts, and their sites.  If you need legal representation in court please contact us.

Examples of just some of the types of disputes our lawyers handle include:

  • General commercial litigation, civil litigation and commercial disputes
  • Trade Practices and Fair Trading matters including misleading and deceptive conduct, competition and consumer protection, restraints of trade, unconscionable conduct, unfair terms and manufacturer’s liability
  • Professional negligence, legal malpractice claims, professional liability and breaches of duty
  • Contractual interpretations, disagreements, or breaches such as employment, restraints of trade and guarantees
  • Contractual disputes
  • Leasing disputes including disputes relating to commercial leases and retail shop leases and disputes about lessor and lessee rights
  • Real property disputes
  • Equitable relief such as orders for specific performance or injunctions
  • Debt recovery
  • Building and construction disputes including relating to domestic, commercial or industrial buildings
  • Employment issues such as unfair or wrongful dismissal, termination and redundancy
  • Interpretation of insurance contracts and policies and suing insurance companies or disputes taken to the FOS (Financial Ombudsman Service)
  • Liquidation, insolvency, winding up of companies and bankruptcy matters and sequestration orders
  • Corporations Law and company disputes including directors’ disputes, general shareholder issues, oppression actions for minority shareholders and breaches of directors’ duties and other fiduciary obligations
  • Partnership disputes and break downs in businesses
  • Franchising disputes, franchising agreements, franchising code, disclosure statements and enforcement of rights as between franchisors and franchisees
  • Disputes with banks including over mortgages and steps taken to recover possession by warrants, complaints to FOS
  • Disputes around buying and selling businesses and buying and selling property
  • Breaches of trust, fiduciary obligations and duties, trustee issues and beneficiary rights
  • Consumer, Trader, and Tenancy Tribunal issues including retail shop leases and real estate agent issues
  • Wills disputes, contesting wills and family maintenance claims under the Succession Act
  • Alternative dispute resolution procedures including negotiation, mediation, arbitration and case appraisals
  • Appeals

Office Location and Contact Details

Brisbane
Aitken Whyte Lawyers
Level 2, 303 Adelaide Street, Brisbane
Ph: +617 3229 4459
Fax: +617 3211 9311
E: enquiries@awbrisbanelawyers.com.au