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Litigation & Disputes

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Choosing the Best Brisbane Litigation Law Firm

Success in litigation is important. 

The outcome can impact not only the dispute you may be facing, but your future and livelihood. 

Choose a firm with the experience and focus to resolve your dispute and protect your rights.

Aitken Whyte Lawyer’s principal, Robert Aitken, began practicing in commercial law firms. He has over 25 years of experience resolving disputes.

We focus on results and take a tailored approach to dispute resolution. 

We will use all forms of alternative dispute resolution to resolve your matter on the best terms for you.

Our Brisbane litigation lawyers are aggressive and seasoned litigators. We understand that your rights are valuable. 

Where a threat to your livelihood or business exists, call Aitken Whyte Lawyers. Your choice for Litigation and Dispute Resolution Lawyers in Brisbane.

When Should You Hire A Civil or Commercial Litigation Lawyer in Brisbane?

General Civil Litigation Brisbane

A litigation expert can achieve the fastest resolution of a dispute.

You should consider obtaining legal representation from a Brisbane litigation lawyer if:

• someone is suing you;
• you need to make a claim; or
• you are facing a dispute. 

Some of the key areas our Brisbane litigation lawyers act in are:

• Property Disputes, including where:

• • a dispute has arisen over real property; or 
  • someone has lodged an interest over your property or land due to a claim or dispute.

Our Brisbane litigation lawyers have significant experience in Caveat Removal. Some examples include:

• • where we Removed A Caveat placed over our client’s land by their former business partner; and
  • Removing A Caveat placed on our client’s property by their former solicitor.

• Trust Disputes between trustees, beneficiaries, and third parties.

Trusts can give rise to complex litigation. Disputes may occur due to their management or the division of assets. Robert Aitken has significant experience with complex trusts, including the Removal of Trustees.

• Estate Disputes and Family Provision Applications.

If Challenging A Will or general intestacy Succession Act provisions, it is important to engage a firm with a strong understanding of succession law. The Succession Act allows the Supreme Court to distribute a deceased’s estate as is legally appropriate. This can include awarding part of an estate to a spouse, child or dependent not provided for in a Will.

• Debt Recovery and defence from businesses and individuals.

If an individual or business owes you money, our Brisbane civil lawyers can:

• • send A Letter of Demand;
  • issue a Creditor’s Statutory Demand or Bankruptcy Notice;
  • start proceedings; and 
  • enforce any money order.

If someone claims you owe them money and you do not agree, our civil lawyers in Brisbane can defend you. This includes if there is already a judgment against you that you need set aside.

Commercial Litigation, Business and Commercial Disputes

Business relationships are important but can be volatile.

Being in business, our Brisbane civil lawyers know the importance of commerciality. Your legal litigation matter running as planned will allow you to run your business as usual. 

Some of the commercial disputes our Brisbane litigation lawyers assist with include:

• Helping property owners and tenants to navigate Commercial and Retail Shop Lease Disputes.
• Advising partners involved in Partnership disputes including suing another partner, dissolving the partnership, or buying out another partner’s interest.
• Acting for and against company shareholders and directors. 

Company Officeholders have duties they must uphold.

Our Brisbane civil lawyers have experience acting for shareholders in actions against directors and the company. This includes winding up a company on just and equitable grounds or oppression or if a director has breached their fiduciary duties.

If you are in a dispute with a:

• • business partner;
  • shareholder; or
  • another director;

contact us for commercial results.

• Corporate insolvency, including Winding Up A Company.

Our Brisbane litigation lawyers can assist:

• • company creditors; or 
  • if a director has breached their fiduciary duties or committed Insolvent Trading.

• Contract disputes, such as for Breach or Repudiation of a Contract.

Your business will need to enter contacts with other parties. When disputes arise, we can protect your business interests.

Further examples of the types of commercial, civil and dispute legal services our lawyers handle are listed in this article.

Defamation

Claims for Defamation have become more regular as more business moves online.

We will fight to defend your reputation. Our Brisbane civil lawyers have significant experience in this area of law. We have acted in cases ranging from:

• claims against individuals for damaging social media posts and online reviews; to
• claims against News Corp Australia for defamatory online news articles. Our client, a small business owner, pursued defamation action for articles published in:
  • The Courier-Mail; and
  • News Life Media Pty Ltd.

Professional Negligence

A Professional Negligence claim may be available to you if:

• you have engaged a professional;
• the have failed to uphold their duty of care to you; and
• you have suffered a loss due to their actions.

In these circumstances, you may be able to recover any damages you have sustained due to their act or omission, breach of duty or breach of contract.

Situations giving rise to a professional negligence claim can include: 

• you engaged a lawyer or solicitor to give you advice, conduct a conveyance or business dispute or run litigation. You followed that advice but it was wrong and you suffered loss and damage;
• where you purchased a property relying on a satisfactory building and pest report. You you later discover significant termite damage or structural defects;
• where you have engaged a builder. You find building defects that have caused damage or your property is worth less than you thought it was; or 
• if an accountant or financial planner has given you erroneous advice. If in following the advice you have suffered financial loss.

Trade Practices and Fair Trading

Fair trading laws govern many transactions and agreements. If you have entered a contract with unfair terms the Trade Practices Act is there to protect you. 

The Australian Consumer Law (ACL) regulates:

• conduct; and
• representations 

which may mislead or deceive. 

Claims for misleading and deceptive conduct often arise out of:

• Business transactions, where:
  • You bought a business based on incorrect information given to you;
  • You agreed to enter a contract because you were told certain things that prove to be wrong;
• Property Transactions, where:
  • a seller or their agent have misrepresented a property; and 
  • you have entered a contract of sale based on that misrepresentation.
• Advertising. If the message of an advertisement leads consumers into error about the product.

How Can A Litigation Lawyer Represent Me?

Expert Advice, Litigation and Trial Strategy, and Courtroom Advocacy

You know the result you want. We have the expertise to guide you in achieving it. 

We have an intimate knowledge of the litigation process and Court procedures.

We will provide our recommendation and present all options available, inclusive of the: 

• benefits; and 
• risks;

so, you can weigh them up and take the best approach.

Much of litigation occurs outside of Court. Parties will enter various strategies into play, determining the direction of the litigation. The tactics and tools you use can sway the litigation in your favour.

Our Brisbane litigation lawyers will guide you on the best strategy for every stage. This can assist to lead you to a timely and results-driven resolution. We will talk you through, for example:

• the intricacies of making an offer, including:
  • the best time to make an offer;
  • how much to offer; and 
  • how to use Calderbank Offers or offers under the Uniform Civil Procedure Rules for the best chance of recovering your costs;
• issuing Creditor’s Statutory Demands. This can be a valuable tool to bring enforcement proceedings against a company. It can allow you to do so without needing to first prove your loss in Court through a trial; and 
• bringing interim applications where the other party’s:
  • pleadings (such as their Statement of Claim or Defence); or 
  • even entire case;

are deficient. 

These can include:

• Strike Out Applications;
• Summary Judgement Applications, on behalf of a Plaintiff or Defendant; and
• Dismissal Applications, such as if a Plaintiff has delayed proceedings.

When you do need to appear in Court, you will do so with the confidence that we will be by your side. We will argue on your behalf with the expertise and skill you need to achieve results. Whether:

• bringing an application;
• defending an application; or 
• running a trial;

having an expert to advocate on your behalf will make the difference. 

Our experience extends to all QLD and Federal Jurisdictions. 

Our Brisbane civil lawyers will appear before administrative tribunals to the Federal Court.

Schedule an Appointment with Our Brisbane Litigation Lawyers

We want it to be easy for you to access legal advice and representation. If you need a civil lawyer in Brisbane or surrounds:

1. Call us on 07 3229 4459 or send us an email;
2. Give us some brief details about your legal matter. We will put you through to a Brisbane litigation lawyer to discuss in confidence; and
3. A Brisbane litigation lawyer will email you the next steps if you would like to engage our services.

We can also make a time for you to attend our offices for a conference if you would prefer.

Office Location and Contact Details

Brisbane

Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000

Ph: 07 3229 4459
Fax: +617 3211 9311
E: enquiries@awbrisbanelawyers.com.au