Litigation
PREVIOUSLY KNOWN AS
How We Help
Vision. Mission. These are key-phrases that frequently find their way into company statements, prepared by enterprise leaders to keep their team on course.
In a fast paced business world, companies find themselves in situations that distract from their key Vision and Mission due to sales gone wrong, management and employment disputes, contractual mistakes, non- compliance or an unconscious infringement.
What We Do
Our team is no stranger to lengthy, complex and costly litigation that can sometimes last years and takes its toll on enterprises and their leaders. We understand the importance of Vision and Mission. We share the same passion. Our Difference is to understand your enterprise and focus on a resolution that will help achieve your goals.
Our litigation team experience
We have been entrusted in matters that represent a significant cross-section of parties across the years. They have included issues like:
- Protecting your reputation, and loss of income through urgent Court Applications to seek injunctions (that is, orders to stop someone from doing something).
- Protecting your reputation from (or responding to allegations of) damage through online material such as social media platforms.
- Seeking repayment of debt, or compensation for your loss and damage suffered through the conduct of another party.
- Where reconciliation or a compromise is appropriate, assisting in negotiations, appearing in mediations and seeking to achieve a cost-effective and reconciliatory outcomes without court.
- Where a conciliatory outcome is not appropriate or practicable, taking your case to final trial and assisting you with filing, serving and preparing all court documents in a timely manner.
- Mediating, resolving or prosecuting a claim arising from a breakdown in a partnership, company constitution or shareholder agreement.
Our Success Stories (Commonwealth)
We acted for the Cook Islands Christian Church of Australia to prove to the court the church was solvent.
The court set aside a previously issued order to wind up the organisation.
Read the the full decision of the Federal Court of Australia in Sadiqi, in the matter of Cook Islands Christian Church of Australia Limited (in liq) v Cook Islands Christian Church of Australia Limited (in liq) [2016] FCA 786.
Acting for the Emmanuel College, we won an order to provide security for our client’s costs of defending the appeal in an amount of $15,000.
Read the full decision of the Federal Court of Australia in Rowe v Emmanuel College [2013] FCA 939.
We won a judgment in favour of our client to pay the costs of the proceedings in the sum of $29,988.
Read the full decision of the Federal Circuit Court of Australia in Rowe v Emmanuel College (No.3) [2013] FCCA 1113.
Acting for the Emmanuel College, we succeeded in overturning an allegation that the school enrolment application was misleading and deceptive, defeating a $750,000 claim for loss and damage.
Read the full decision of the Federal Circuit Court of Australia in Rowe v Emmanuel College (No.2) [2013] FCCA 501.
We successfully obtained a summary dismissal in relation to alleged breaches under the Australian Consumer Law (including unfair contract and unconscionable conduct allegations) and an order for costs.
Read the full decision of the Federal Circuit Court of Australia in Rowe v Emmanuel College [2013] FCCA 231.
We won a judgment against an application that sought to send our client’s children from Australia to a Hague Convention country. As a result, the children remained in Australia.
Read the full decision of the Family Court of Australia in Department of Communities, Child Safety and Disability Services & Bogovic [2017] FamCA 462.
We won a judgment against an application to permanently stall legal proceedings on a basis of a marriage contract signed by partners in an overseas jurisdiction.
As a result, our client’s case went ahead and was heard in Australia.
Read the full decision of the Family Court of Australia in Deslandes & Deslandes [2015] FamCA 913.
Our service
in litigaion, is not about winning big or compromising your stance. It’s about partnering with your enterprise, minimising the distraction and drain of commercial and or civil litigation, so you can focus on achieving your Vision and Mission.
Our success stories (Queensland)
We assisted our client in successfully charging the respondent with contempt of court and an order to pay the costs on an indemnity basis.
Read the full decision of the Supreme Court of Queensland in Emmanuel College v Rowe [2014] QSC 238.
The court dismissed an application against our client for a freezing order over the proceeds of sale from a home which our client was to receive.
Read the full decision of the Supreme Court of Queensland in PJM & Ors v AML & Anor [2018] QSC 187.
In this case, we acted for the defendants and won an order to provide security for costs of our clients up to trial in the amount of $60,000.
Read the full decision of the Disctrict Court of Queensland in Archaeo Cultural Heritage Services Pty Ltd v Gall & Ors
[2017] QDC 267.
The court ruled in favour of our client in an alleged $505,000 claim for breaches of contract and professional negligence.
Read the full decision of the District Court of Queensland in Christian Education Ministries – Qld Ltd v Thomson Adsett Pty Ltd [2015] QDC 292.
The tribunal ruled in favour of our client and rejected an anti-discrimination claim on the allegations of impairment discrimination in education, victimisation, treatment of school assessment, sporting abstention, and attendance at a school camp.
Read the full decision of the Queensland Civil and Administrative Tribunal in TT and Ors v Lutheran Church of Australia Queensland District and Ors [2013] QCAT 48.
We sought and obtained a permission for our client to be be legally represented in the Queensland Civil and Administrative Tribunal, an ordinarily a self-represented jurisdiction.
Read the full decision of the Queensland Civil and Administrative Tribunal in AB v Lutheran Church of Australia, Queensland District [2013] QCAT 118.
Free Litigation Legal Advice
Facing litigation can be challenging. We offer a free consultation to discuss your situation and provide initial legal advice. There’s no pressure—just a chance to see if we’re the right fit for you.
Some frequently asked questions are
It is easier to explain what a civil and commercial dispute is by outlining what it is not. Civil or commercial disputes are not criminal prosecutions or family law disputes. Basically, any dispute dealing with money or property is a civil dispute. This includes disputes between buyers and sellers, rental disputes, negligence claims against lawyers or doctor, anti-discrimination claims, will disputes and compensation claims.
Almost all disputes in Queensland will be dealt with by QCAT, the Magistrate’s Court, District Court or Supreme Court.
Which court or tribunal you go to is usually determined by the amount of money in dispute. As at 17 May 2011 the money limits are:
- QCAT can decide simple disputes up to $25,000
- The Magistrates Court deals with claims up to $150,000
- The District Court deals with disputes involving amounts between $150,000 and $750,000; and
- The Supreme Court all matters over $750,000 (plus most deceased estate and wills disputes).
QCAT stands for “Queensland Civil and Administrative Tribunal”. QCAT is a tribunal and, technically, is not a court. The processes of QCAT are less formal than the Magistrates, District and Supreme Courts (however, for most people, the process will still feel very formal and structured).
QCAT is a mega tribunal taking over the role of a number of other tribunals in Queensland.
QCAT deals with a range of different types of disputes (in addition to relatively simple disputes of up to $25,000) including residential tenancy disputes, adult guardianship and administration matters, building disputes, anti-discrimination matters, and retail shop lease disputes.
Two major differences between QCAT and the other courts is that in most minor debt disputes:
- in the courts there is a presumption that the losing party will pay the winning parties’ legal costs whereas at QCAT it is more usual that each party bears their own costs;
- in the courts there is a right to be represented by a lawyer whereas in QCAT the default position is that parties will represent themselves.
Even though you might not have a right to legal representation at QCAT, there is nothing stopping you from seeking advice from a lawyer on how you should handle the dispute.
If you are involved in any dispute, whether as a plaintiff or a defendant, and seek advice in relation to the legal process please contact us to discuss.
Advice You Can Trust
We offer customised professional legal services tailored to meet our clients’ needs. Our values are service, care and excellence. Our people are our strength. We nurture them by creating a healthy team environment which encourages them to make positive contributions in delivering our legal services. Our communities are missions focused. We exercise our generosity by making contributions at a local, national and international level.
