Commercial Litigation Lawyer Brisbane

Key Takeaways

• If you have received a statutory demand, you have 21 days to apply to set it aside under s 459G of the Corporations Act 2001 (Cth). That deadline is absolute and cannot be extended.
• For most contract disputes in Queensland, the Limitation of Actions Act 1974 (Qld) gives you six years from the date of breach to commence proceedings.
• Rules 208C and 208D of the UCPR allow you to apply for preliminary disclosure before commencing proceedings — a powerful but underused tool for building your case.
• Queensland courts operate on a costs-follow-the-event principle, but standard basis costs typically cover only 60–75% of actual legal fees. Strategy from the outset matters.
• Most commercial disputes settle before trial. The ones that go the distance are usually the ones where one or both parties waited too long to get proper advice.

1. 1.You Have Been Served With a Claim or Received a Letter of Demand
2. 2.Pursuing a Commercial Dispute
3. 3.Types of Commercial Disputes We Handle
4. 4.Queensland Courts and Tribunals
5. 5.How Costs Work in Queensland Commercial Litigation
6. 6.Alternative Dispute Resolution
7. 7.What to Expect From Start to Finish
8. 8.How Astris Law Can Help

If you are dealing with a business dispute in Brisbane, whether you are pursuing a claim or defending one, you need a lawyer who understands commercial litigation and can move quickly. This guide covers what to do if you have been served with a claim, how to pursue a dispute effectively, the courts and tribunals available in Queensland, how costs work and what to expect at each stage. We act for business owners on both sides of commercial disputes and our focus is on getting the right outcome as efficiently as possible.

Dealing with a dispute right now? Call Astris Law on (07) 3519 5616.

You Have Been Served With a Claim or Received a Letter of Demand

This is the situation most business owners do not plan for. A claim arrives, a statutory demand lands on the desk or a lawyer’s letter threatens proceedings. The instinct is often to ignore it or assume it will go away. It will not.

If you have received a statutory demand, you have 21 days to apply to the court to set it aside under section 459G of the Corporations Act 2001 (Cth). That deadline is absolute and cannot be extended. If you miss it, the creditor can apply to wind up your company. Do not wait. Get legal advice the day you receive it.

If you have been served with a court claim, you generally have 28 days from the date of service to file a defence. If the proceedings were commenced by originating application or another form of process, there will be a listing date and the timeframe to respond may be significantly shorter, sometimes a matter of days. Filing late or not at all can result in default judgment being entered against you, meaning the court gives the other side what they asked for without you being heard.

If you have received a letter of demand, you are not yet in court proceedings but you are on notice that they may follow. A well-considered response at this stage can resolve the dispute or significantly improve your position if it does proceed to court. A poorly considered response, or no response at all, can do the opposite.

The first thing we do when a client comes to us on the receiving end of a claim is assess the merits, identify the risks and work out the most cost-effective path to resolution. Sometimes that means defending the claim aggressively. Sometimes it means negotiating a commercial outcome. Often it means a combination of both. The strategy depends on your circumstances.

Pursuing a Commercial Dispute

When another party has breached a contract, failed to pay, caused loss to your business or acted in a way that gives rise to a legal claim, you need to know your options and move within the relevant time limits.

Limitation periods are the first thing to check. For most contract disputes in Queensland, the Limitation of Actions Act 1974 (Qld) gives you six years from the date of breach. Not from the date you discovered the problem. From the date of breach. For claims under deed, the period was historically 12 years, though the Property Law Act 2023 (Qld) reduced this to six years for deeds executed on or after 1 August 2025. Misleading or deceptive conduct claims under the Australian Consumer Law also carry a six-year limitation period. Miss the deadline and your claim is statute-barred regardless of its merits.

Pre-litigation correspondence is usually the starting point. A properly drafted letter of demand does more than just ask for money. It sets out the legal basis for the claim, puts the other party on notice and creates a record that strengthens your position if the matter proceeds to court. In many cases, a clear and well-reasoned demand letter resolves the dispute without the need for proceedings.

Preliminary disclosure is a tool that many business owners and even some practitioners are not aware of. Rules 208C and 208D of the Uniform Civil Procedure Rules 1999 (Qld) allow you to apply to the court for an order requiring a prospective defendant or third party to produce documents or information before you commence proceedings. This can be critical where you need to identify who to sue, confirm the quantum of your loss or obtain evidence that would otherwise be unavailable until after proceedings are on foot. Since the repeal of r 208A in May 2024, these applications can be filed in the Magistrates Court, the District Court and the Supreme Court, meaning the process is accessible and proportionate even for lower-value disputes.

Court proceedings follow if the dispute does not resolve. Where you file depends on the amount in dispute. We cover the court hierarchy below, but the key point is that the right jurisdiction, the right strategy and the right timing all affect the outcome.

Types of Commercial Disputes We Handle

The disputes that come through our door cover a broad range, but the most common categories in Brisbane are these.

Contract disputes are the most frequent. A party has not done what they agreed to do, whether that is failing to pay, delivering defective goods or services or walking away from the deal altogether. The remedies depend on the breach and the contract terms but typically include damages, specific performance or termination.

Debt recovery ranges from straightforward to complex. A liquidated debt where the amount is agreed and documented is often resolved quickly. Where the debtor disputes the amount, raises a counterclaim or simply does not have the money, the process becomes more involved. For debts owed by companies, a statutory demand under section 459E of the Corporations Act is a powerful tool. A creditor owed more than $4,000 can serve a statutory demand, and if the company does not comply or apply to set it aside within 21 days, the creditor can apply to wind the company up.

Partnership and shareholder disputes arise when the people running a business cannot agree on its direction. In a company, minority shareholders may access oppression remedies under the Corporations Act. In a partnership, the options are more limited and often come down to dissolution or buyout. These disputes are almost always better resolved early because the longer they run, the more damage they do to the business itself.

Misleading or deceptive conduct claims under section 18 of the Australian Consumer Law cover representations made in trade or commerce that are misleading or deceptive or likely to mislead or deceive. Intention is not required. These claims arise frequently in pre-contractual negotiations, advertising and tender processes.

Construction disputes are common in Brisbane. Defective work, payment disputes, delays, scope variations and disagreements over contract interpretation all fall in this category. Many construction disputes must go through the Queensland Building and Construction Commission dispute resolution process before they can proceed to QCAT or the courts.

Commercial lease disputes between landlords and tenants cover rent arrears, maintenance obligations, assignment and subletting, make-good provisions and option disputes. Retail leases carry additional protections under the Retail Shop Leases Act 1994 (Qld).

Professional negligence claims arise where an accountant, financial adviser, engineer, architect or other professional has failed to meet the standard of care expected of a competent practitioner in their field, causing loss to their client.

Queensland Courts and Tribunals

The court or tribunal your dispute belongs in depends primarily on the amount in dispute.

QCAT handles minor debt claims up to $25,000 and certain consumer, trader and building disputes. For domestic building work, QCAT’s jurisdiction is not limited by amount. For commercial building work, the threshold is generally $50,000 though parties can consent to QCAT hearing higher amounts. QCAT is more accessible and less formal than the courts, with lower filing fees and simpler procedures. Legal representation is not automatic and in some matters requires leave of the tribunal. Under section 100 of the QCAT Act, the default rule is that each party bears their own costs, though QCAT retains discretion to order costs in certain circumstances.

The Magistrates Court handles claims up to $150,000. A mandatory settlement conference is required before you can request a trial date. Most matters settle within six months. If they go to trial, expect 12 to 18 months from filing.

The District Court handles claims between $150,000 and $750,000. Procedures are more formal than the Magistrates Court. Discovery becomes a more significant feature and the costs increase accordingly. For matters in the District Court, it is common to engage a barrister (counsel) to advise on strategy, draft pleadings and appear at trial. Your solicitor coordinates the matter and briefs counsel as the case develops.

The Supreme Court has unlimited jurisdiction and handles claims over $750,000, complex equity matters, corporate insolvency applications and appeals from lower courts. It is the most formal and expensive tier of the Queensland court system. Engaging counsel is standard practice in the Supreme Court and in complex matters it is not unusual to have senior counsel involved.

The Federal Circuit and Family Court of Australia has jurisdiction over certain matters arising under Commonwealth legislation, including some Corporations Act and trade practices disputes. It is generally faster and less expensive than the Federal Court for matters within its jurisdiction.

The Federal Court has concurrent jurisdiction for matters arising under Commonwealth legislation including the Australian Consumer Law and the Corporations Act. Some commercial disputes can be commenced in either the state or federal system and the choice is often strategic. Counsel is routinely engaged in Federal Court proceedings.

Filing in the wrong court costs time and money. Getting the jurisdiction right from the start is one of the simplest ways to avoid unnecessary expense.

How Costs Work in Queensland Commercial Litigation

Queensland courts operate on a “costs follow the event” principle. If you win, the other side is generally ordered to pay your costs. If you lose, you pay theirs.

But “costs” does not mean full reimbursement. Standard basis costs, which is what courts typically order, cover only 60 to 75 per cent of the amount you actually paid your own lawyers. Even a comprehensive win leaves you out of pocket for a portion of your legal fees.

Indemnity costs, which cover 90 to 95 per cent, are only awarded in special circumstances such as where a party has unreasonably refused a reasonable settlement offer.

In the Magistrates Court, recoverable costs are determined by a fixed scale set out in the rules rather than by assessment of the actual work done. This can mean the gap between what you spend and what you recover is even wider for smaller claims.

Not every forum follows the costs-follow-the-event model. As noted above, the default rule in QCAT is that each party bears their own costs. Similarly, under section 570 of the Fair Work Act 2009 (Cth), each party to Fair Work Commission proceedings bears their own costs unless a costs order is made in limited circumstances, such as where a party’s application was made vexatiously or without reasonable cause. The costs regime that applies to your dispute depends on where it is heard, and that is one of the reasons forum selection matters.

This is exactly why strategy matters from the outset. The right approach to a dispute balances the strength of the claim or defence against the likely cost of running it. Sometimes the most effective move is a well-timed settlement offer. Sometimes it is an aggressive interlocutory application that shifts the other side’s risk assessment. Sometimes it is proceeding to trial. The answer depends on the dispute.

Alternative Dispute Resolution

ADR is not a fallback in Queensland. It is embedded in the court system. Courts can order parties to attend mediation or case appraisal and in many cases a settlement conference or mediation is required before you can get a trial date.

Mediation is the most common form. A neutral third party facilitates negotiation between the parties. The mediator does not decide the outcome. The parties keep control. Queensland’s Dispute Resolution Centres offer free mediation services for certain types of disputes.

Arbitration is a private process where an independent arbitrator makes a binding decision. It is faster and more flexible than court but not always cheaper, particularly in complex matters. Arbitration clauses are common in construction and international commercial contracts.

Expert determination resolves disputes that turn on a technical question. The expert’s determination is usually binding.

ADR works well when both parties are genuinely interested in resolution. When one side is not, it can become an expensive delay. Part of our role is assessing which approach is likely to produce a result in your circumstances and advising accordingly.

What to Expect From Start to Finish

For business owners who have not been through commercial litigation before, this is the typical sequence.

It starts with pre-litigation correspondence, which is where many disputes should and do resolve. If the dispute does not settle, proceedings are filed in the appropriate court. The other side has a prescribed period to respond. Interlocutory applications may follow for matters like security for costs, injunctions, freezing orders or summary judgment. Discovery requires both sides to exchange relevant documents. A mediation or settlement conference is typically required before trial. If the matter does not settle, it proceeds to trial where evidence is presented, witnesses are cross-examined and submissions are made. Judgment follows, along with orders as to costs. Either party may appeal, though appeals are limited to legal errors, not disagreements with the outcome.

Most commercial disputes settle before trial. The ones that go the distance are usually the ones where one or both parties waited too long to get proper advice, or where the amount at stake justifies the cost of a hearing.

How Astris Law Can Help

We act for Brisbane business owners on both sides of commercial disputes. Whether you are pursuing a claim or defending one, our focus is on getting a commercial outcome efficiently.

If you have just been served with a claim or received a statutory demand, we can assess the merits, advise on your options and act quickly to protect your position. If you are looking to pursue a dispute, we can advise on the best approach, the right court and the likely cost, then run the matter from first letter through to resolution.

We handle contract disputes, debt recovery, partnership and shareholder disputes, misleading conduct claims, construction disputes, commercial lease disputes, professional negligence claims, statutory demands and court proceedings across QCAT, the Magistrates Court, the District Court and the Supreme Court.

Contact us to discuss your situation. Call Astris Law on (07) 3519 5616. See our dispute resolution and litigation services.

This article is for general information purposes only and does not constitute legal advice. You should seek professional advice tailored to your specific circumstances before acting on any information in this article. Liability limited by a scheme approved under Professional Standards Legislation.