--- title: "Commercial Litigation Lawyer Brisbane | Astris Law" description: "Commercial litigation lawyers in Brisbane for directors and business owners. Disputes, court proceedings and the call on whether to fight or settle." lang: en-AU json-ld: | [ { "@context": "https://schema.org", "@type": [ "LegalService", "LocalBusiness" ], "@id": "https://www.astrislaw.com/#organization", "name": "Astris Law", "legalName": "Astris Law Pty Ltd", "alternateName": [ "Astrons General Counsel", "Phronesis Litigation", "HeadStart Counsel" ], "url": "https://www.astrislaw.com", "logo": { "@type": "ImageObject", "url": "https://www.astrislaw.com/android-chrome-512x512.png", "width": 512, "height": 512 }, "image": "https://www.astrislaw.com/android-chrome-512x512.png", "description": "The Astris Law group gives directors and business owners the right legal capability for whatever their business needs, across corporate, disputes and regulatory. 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Simple debt recovery matters in the Magistrates Court may cost between $5,000 and $15,000, while complex Supreme Court proceedings can run into six figures. At Astris Law, we provide an honest cost estimate at the outset, discuss litigation funding options where appropriate and structure our engagement so you can make informed commercial decisions about whether to proceed. We also explore alternative dispute resolution, including mediation, negotiation and expert determination, as cost-effective alternatives to a full trial." } }, { "@type": "Question", "name": "How long does commercial litigation take in Queensland?", "acceptedAnswer": { "@type": "Answer", "text": "Timelines for commercial litigation in Queensland vary significantly. A straightforward debt recovery matter in the Magistrates Court may resolve within three to six months. More complex matters in the District Court or Supreme Court of Queensland can take 12 to 24 months from filing to trial, depending on the complexity of the issues, the volume of documents and the court's availability. Urgent matters such as applications for injunctions, freezing orders or stays can be heard within days. At Astris Law, we set realistic timelines from the outset and keep you informed at every stage of the process." } }, { "@type": "Question", "name": "What types of business disputes does a commercial litigation lawyer handle?", "acceptedAnswer": { "@type": "Answer", "text": "A commercial litigation lawyer handles disputes arising from business relationships and commercial transactions. This includes contract disputes, shareholder and partnership disputes, director and officer claims, debt recovery, misleading and deceptive conduct claims under the Australian Consumer Law, intellectual property disputes, employment disputes, construction disputes and regulatory enforcement actions. At Astris Law, we handle commercial disputes across all major areas of business law for directors and business owners in Brisbane and Queensland." } }, { "@type": "Question", "name": "Can I recover legal costs if I win a commercial dispute?", "acceptedAnswer": { "@type": "Answer", "text": "In Queensland, the general rule is that costs follow the event, meaning the unsuccessful party is usually ordered to pay a proportion of the successful party's legal costs. However, a costs order rarely covers 100% of your actual legal costs. The amount recoverable depends on whether costs are assessed on a standard or indemnity basis, the terms of any relevant contract and the conduct of the parties during the proceedings. Some commercial contracts include specific costs clauses that can improve your recovery position. Your litigation lawyer should advise on costs exposure and recovery prospects before you commence proceedings." } }, { "@type": "Question", "name": "What is the difference between litigation and alternative dispute resolution?", "acceptedAnswer": { "@type": "Answer", "text": "Litigation refers to the formal process of resolving a dispute through the court system, including filing a claim, exchanging evidence through disclosure, attending hearings and, if necessary, proceeding to trial before a judge. Alternative dispute resolution (ADR) encompasses methods of resolving disputes outside of court, including negotiation, mediation, conciliation, expert determination and arbitration. ADR is often faster, less expensive and more confidential than litigation. 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Winning the legal argument is only part of the job. What matters is the best possible outcome for your business, whether that means a favourable court judgment, a negotiated settlement or an urgent injunction to protect your position. At Astris Law, we act as litigation lawyers for directors and business owners facing commercial disputes across Brisbane and Queensland. Our litigation team is purpose-built for high-stakes business disputes, combining strategic thinking with decisive action when the pressure is on. We handle matters in the Supreme Court of Queensland, the District Court, the Magistrates Court, the Federal Court of Australia, the Queensland Civil and Administrative Tribunal (QCAT) and various regulatory tribunals. Whether your dispute involves $50,000 or $50 million, we apply the same rigour and strategic discipline to every matter. ## Types of Commercial Disputes We Handle Astris Law handles a broad range of commercial litigation matters for Brisbane businesses. Our litigation practice covers disputes arising from contracts, corporate relationships, regulatory action and commercial transactions. Contract disputes: breach of contract claims, termination disputes, interpretation disagreements and specific performance applications Shareholder and partnership disputes: oppression claims under section 232 of the Corporations Act 2001 (Cth), deadlock resolution and buyout disputes Director and officer disputes: breaches of directors' duties under sections 180–184 of the Corporations Act, insolvent trading claims and removal proceedings Debt recovery and insolvency: statutory demands under section 459E, winding up applications, creditor claims and personal guarantee enforcement Injunctions and urgent relief: interlocutory injunctions, freezing orders (Mareva injunctions), Anton Piller orders and restraint of trade enforcement Misleading and deceptive conduct: claims under section 18 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) Intellectual property disputes: trade mark infringement, breach of confidence, copyright disputes and misuse of confidential information Employment and restraint of trade disputes: post-employment restraint enforcement, unfair dismissal defence and general protections claims Construction disputes: security of payment claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) and building defect claims Regulatory and compliance disputes: ASIC investigations, ACCC enforcement actions and other regulatory proceedings ## The Litigation Process Explained Commercial litigation in Queensland follows a structured process governed by the Uniform Civil Procedure Rules 1999 (Qld) for state courts and the Federal Court Rules 2011 for federal matters. Understanding this process helps you make informed decisions about your dispute. ### 1\. Pre-Action and Demand Before commencing proceedings, we assess the merits of your claim, quantify your loss and send a formal letter of demand. Pre-action procedures, including compliance with relevant pre-litigation protocols, are an important step that can resolve many disputes without court involvement. ### 2\. Filing and Pleadings If the dispute cannot be resolved, we prepare and file the initiating documents (claim and statement of claim or originating application) in the appropriate court. The defendant then files a defence and any cross-claim. Pleadings define the issues in dispute and set the framework for the case. ### 3\. Disclosure and Evidence Both parties exchange relevant documents through the disclosure process. We prepare witness statements, obtain expert reports where necessary and build the evidentiary foundation for your case. Proper preparation at this stage is critical to a successful outcome. ### 4\. Mediation and ADR Queensland courts require parties to genuinely attempt alternative dispute resolution before trial. We prepare you for mediation, negotiate on your behalf and pursue settlement where it serves your commercial interests. Many disputes resolve at this stage. ### 5\. Trial and Judgment If the matter proceeds to trial, we present your case through opening submissions, witness examination, cross-examination and closing submissions. The judge delivers a judgment and makes orders including costs. We advise on appeal prospects if the outcome is unfavourable. ## Alternative Dispute Resolution Not every commercial dispute needs to go to court. In many cases, alternative dispute resolution (ADR) delivers a faster, less expensive and more commercially sensible outcome. Queensland courts actively encourage ADR and may impose adverse costs consequences on parties who unreasonably refuse to participate. At Astris Law, we assess every dispute for ADR suitability before recommending litigation. Our ADR services include negotiation and structured settlement discussions, mediation (both court-ordered and voluntary), expert determination for technical or valuation disputes and arbitration under the Commercial Arbitration Act 2013 (Qld) for matters where parties prefer a binding private resolution. Where ADR is appropriate, it can resolve a dispute in weeks rather than months, preserving commercial relationships and reducing legal costs significantly. Where it is not, we are prepared to take your matter all the way to trial and, if necessary, on appeal. ## Frequently Asked Questions About Commercial Litigation ### How much does commercial litigation cost in Brisbane? The cost of commercial litigation in Brisbane depends on the complexity of the dispute, the amount in controversy, the number of parties involved and whether the matter proceeds to trial or settles earlier. Simple debt recovery matters in the Magistrates Court may cost between $5,000 and $15,000, while complex Supreme Court proceedings can run into six figures. At Astris Law, we provide an honest cost estimate at the outset, discuss litigation funding options where appropriate and structure our engagement so you can make informed commercial decisions about whether to proceed. We also explore alternative dispute resolution, including mediation, negotiation and expert determination, as cost-effective alternatives to a full trial. ### How long does commercial litigation take in Queensland? Timelines for commercial litigation in Queensland vary significantly. A straightforward debt recovery matter in the Magistrates Court may resolve within three to six months. More complex matters in the District Court or Supreme Court of Queensland can take 12 to 24 months from filing to trial, depending on the complexity of the issues, the volume of documents and the court's availability. Urgent matters such as applications for injunctions, freezing orders or stays can be heard within days. At Astris Law, we set realistic timelines from the outset and keep you informed at every stage of the process. ### What types of business disputes does a commercial litigation lawyer handle? A commercial litigation lawyer handles disputes arising from business relationships and commercial transactions. This includes contract disputes, shareholder and partnership disputes, director and officer claims, debt recovery, misleading and deceptive conduct claims under the Australian Consumer Law, intellectual property disputes, employment disputes, construction disputes and regulatory enforcement actions. At Astris Law, we handle commercial disputes across all major areas of business law for directors and business owners in Brisbane and Queensland. ### Can I recover legal costs if I win a commercial dispute? In Queensland, the general rule is that costs follow the event, meaning the unsuccessful party is usually ordered to pay a proportion of the successful party's legal costs. However, a costs order rarely covers 100% of your actual legal costs. The amount recoverable depends on whether costs are assessed on a standard or indemnity basis, the terms of any relevant contract and the conduct of the parties during the proceedings. Some commercial contracts include specific costs clauses that can improve your recovery position. Your litigation lawyer should advise on costs exposure and recovery prospects before you commence proceedings. ### What is the difference between litigation and alternative dispute resolution? Litigation refers to the formal process of resolving a dispute through the court system, including filing a claim, exchanging evidence through disclosure, attending hearings and, if necessary, proceeding to trial before a judge. Alternative dispute resolution (ADR) encompasses methods of resolving disputes outside of court, including negotiation, mediation, conciliation, expert determination and arbitration. ADR is often faster, less expensive and more confidential than litigation. In Queensland, the courts actively encourage parties to attempt ADR before trial and may impose costs consequences on parties who unreasonably refuse to participate in mediation. ## Why Choose Astris Law for Commercial Litigation Astris Law is a boutique litigation firm in Brisbane led by our principal, an experienced commercial litigator who has acted in disputes across contract law, corporate law, employment law and regulatory enforcement. When you engage Astris Law, your lawyer handles your matter personally, from initial assessment to court appearance. We understand that litigation is stressful and expensive. That is why we provide honest assessments of your prospects, realistic cost estimates and strategic advice about when to fight and when to settle. We do not prolong disputes for the sake of billing. We pursue the outcome that best serves your commercial interests. Our Phronesis Litigation service reflects this approach: practical wisdom applied to commercial disputes, with a focus on decisive action and measurable results. We are members of the Queensland Law Society and hold current professional indemnity insurance. ## Related Services [Commercial Lawyer Brisbane ](/commercial-lawyers-brisbane)[Business Dispute Lawyer ](/business-dispute-lawyer)[Contract Lawyer Brisbane ](/contract-lawyer-brisbane)[Winding Up Application Defence ](/situation/winding-up-application)[Dispute Resolution & Litigation ](/practice/dispute-resolution-litigation)[Phronesis Litigation ](/phronesis-litigation)[Corporate & Commercial Law ](/commercial-lawyers-brisbane)[Employment & Workplace Relations ](/practice/employment-workplace-relations) ## Facing a commercial dispute? Talk to Astris Law. We act for directors and business owners in commercial litigation across Brisbane and Queensland. Direct access to your litigation lawyer from day one. No layers, no committees. 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