We have experience in acting for a broad range of clientele. We can assist you in resolving disputes in Queensland courts including the Magistrates Court, District Court, Supreme Court and Federal Court of Australia.
We can provide you with advice in the following areas:
- Property disputes
- Rental disputes
- Business, commercial and partnership disputes
- Mortgagee and finance disputes
- Insurance disputes
- Trade practices disputes
- Disputes regarding services performed by professionals
Queensland Civil and Administrative Tribunal
QCAT is a tribunal, not a court. A tribunal is less formal than a court, but still makes decisions that are final and can be enforced through the courts.
QCAT has jurisdiction to hear a variety of disputes involving disagreements with another person, business or company, normally valued up to and including $25,000.
The court has increased jurisdiction in regards to building matters. Ordinarily it is not cost effective for us to act for you in regards to these matters.
The Magistrates Court is the first level of the Queensland Courts system.
Civil cases can be dealt with by the Magistrates Court if the amount in dispute is $150,000 or less. If the amount is greater than $150,000, the District or Supreme Court will deal with the case.
This court also hears appeals from cases decided in the Magistrates Court and disputes involving amounts of more than $150,000, but less than $750,000.
The Supreme Court is the highest court in Queensland and includes the trial division and the Court of Appeal.
The trial division hears all civil matters involving amounts of more than $750,000.
The Court of Appeal hears appeals from the District and Supreme Courts, and from many tribunals. A dissatisfied party in a civil case can seek an appeal if grounds exist, that is, a review of the court’s decision.
If you are seeking to institute proceedings against another party over a dispute, our litigation specialist, Samantha Dillon, can advise you on your case and discuss options with you.
The Limitation of Actions Act 1974 (Qld) sets out limitation periods for the commencement of various actions in Queensland. Therefore it is important to seek legal advice promptly to ensure your claim is filed before the limitation of time expires.
If you have been served with a Statement of Claim or a QCAT claim, we can advise and assist you in defending the claim. You have 28 days to defend a claim in court from the time that you are served with documents otherwise a default judgment can be issued against you or a corporate entity.
If you want to dispute the claim, we will assist you in filing a Form 6 – Notice of intention to defend (UCPR) and a Form 17 – Defence (UCPR). If you have been served with a QCAT claim we can assist you in filing your defence and if appropriate seek leave for you to be represented at the hearing.
The defendant is required to serve the plaintiff with copies of the documents after they are filed. Most documents need to be served on you personally but service of documents can be effected on companies by post to their registered office.
Please do not hesitate to contact us if you require advice regarding any commercial litigation matter.
We are a Gold Coast firm of solicitors who specialise in dispute resolution. The director, Samantha Dillon, a senior lawyer has extensive experience in dispute resolution and mediation.
The parties to any litigation matter are usually required to attend mediation or other alternative dispute resolution before attending a hearing or trial. In our experience, most matters now are settled between the parties without the need to attend a court hearing.
Mediation is a method of resolving matters from minor debt disputes to disagreements under multi-million dollar commercial contracts.
Mediation is usually conducted after court proceedings are issued but before attending a trial. It is quicker and easier to go to mediation than to court. This means you can use mediation at an early stage in the dispute, before a lot of legal costs have been incurred and both sides have become entrenched in their positions.
An independent and neutral person, usually a barrister, is appointed by the parties and he/she helps you and the other parties work out the issues in dispute and come up with a solution which everyone accepts. The negotiations are always conducted on a “without prejudice” basis.
A successful mediation will always be more cost-effective than going to court. We aim to obtain the best possible outcome for you in resolving all disputes.
Please do not hesitate to contact us in regard to resolving your dispute.
We are Gold Coast Lawyers with expertise in litigation matters. Our office is situated at Robina.