Civil & Commercial Litigation

Civil & Commercial Litigation

 

Civil Litigation

In civil litigation an experienced lawyer is the key. Together with you we will work as a team, and move promptly to resolve your problem at minimal cost. We are committed to preventing matters from dragging out to avoid unnecessary cost. In his address to the Queensland Rostrum Public Speaking State Convention, Keith Hunter spoke on the importance of exiting litigation matters as soon as possible. to avoid exorbitant expenses for the client. That address earned Keith the award of Queensland State Champion.

If you are involved in a dispute, or if you are considering taking action, contact Keith for FREE initial telephone advice.

Commercial Disputes

Although this is an area which can be extensive, a typical example is an action arising from a building contract dispute, or a commercial tenancy dispute. Disputes between a landlord and tenant may arise if the tenant has failed to pay rent, or has breached the terms of the lease by carrying out work on the leased premises without the landlord's consent. If you are a commercial tenant or a landlord involved in a dispute under your lease, we will help you to resolve the problem quickly and fairly.

We will also assist in other areas such as recovery of outstanding debts, winding up of a company, or bankruptcy.

Contract Disputes

A dispute arising from a building contract is an area which particularly requires expertise, as these types of disputes often require a great deal of attention and detail. Access to experts such as independent builders and quantity surveyors, is very important to a successful outcome. We can provide expert access to help you with your building dispute.

Conveyancing contracts can also be a minefield for disputes. If a buyer fails to complete settlement on the due date, the seller make take proceedings for specific performance of the contract, to force the buyer to complete settlement. On the other hand if the seller fails to complete settlement on the due date because of the inability to provide the title deed for example, the buyer make take proceedings for specific performance to enforce the contract.

Contract disputes can arise when there is a problem with interpretation of the contract. Goods not being paid for within the time specified in the contract, or goods received containing faulty workmanship, are also causes of contract disputes. If the supplier of the goods has engaged in deceptive or misleading conduct, the party receiving the goods will have strong rights in the Court to defend a claim brought by the supplier for payment.

Disputes Between Neighbours

A dispute over a dividing fence is a common problem between neighbours. Unless proper notices are given and the strict regulations of the Dividing Fences Act followed, it will be very hard to recover any money from your neighbour for their share of the fence if you have to take the matter to Court, because failure to follow the requirements of the Act may cause your case to be technically flawed.

The collapse of a retaining wall resulting in land sliding onto a neighbouring property, or problems caused by overhanging trees or damage caused to property by tree roots, are other common causes of disputes between neighbours.

We will assist you in trying to work out the problem with your neighbour first, but should those attempts be unsuccessful, we will help you solve the problem as quickly as possible through the legal process.