Litigation Division2024-10-14T15:05:35+00:00

LITIGATION LAWYERS

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – Matters

Litigation & Dispute Resolution Lawyers
Sunshine Coast

Whether you’re dealing with business disputes, property disputes, bankruptcy and insolvency issues, or building and construction conflicts, legal disputes can be overwhelming, particularly when they involve intricate and multifaceted issues. At Axia Litigation Lawyers Sunshine Coast, we take pride in making the litigation process as straightforward and stress-free as possible. Our team handles the complexities so you can focus on what truly matters, achieving the best possible outcome for your business, property, or financial interests.

With a proven track record in court and through alternative dispute resolution methods like mediation and arbitration, Axia is equipped to handle a wide range of legal issues. Our expertise covers everything from commercial disputes and contract breaches to property conflicts, defamation, and more. No matter the complexity of your case, you can trust our team to fight for your rights with unwavering dedication and precision.

Contact us: Monday to Friday : 9 am – 5 pm

Discuss your case
Discuss your case
Litigation Lawyers Sunshine Coast

Resolving Disputes
It’s What we do

Litigation and dispute resolution are at the core of what we do. Our approach is built on a deep understanding of the law and a commitment to achieving effective, timely solutions that protect our clients’ interests.

Business Disputes

Expert guidance on resolving business conflicts, from contract breaches to partnership disputes and beyond.

Building & Construction

Specialist support for building and construction disputes, from contract disagreements to security of payments.

Litigation & Dispute Resolution

Strategic representation in litigation and dispute resolution, covering everything from negotiations to court proceedings.

Insolvency & Bankruptcy

Comprehensive assistance for insolvency and bankruptcy matters, from liquidation to debt recovery.

Property Disputes

Expert guidance on resolving conflicts arising from commercial and residential.

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

frequently Asked questions about litigation and Dispute Resolution

Litigation refers to the process where parties in dispute resolve their issues through the court system, which may culminate in a trial and judgment. Dispute resolution encompasses a broader range of mechanisms, including mediation, arbitration, and conciliation, which are often less formal than litigation and may not involve the courts.

Litigation should be considered when other forms of dispute resolution have failed or are unsuitable due to the nature of the dispute, or when it is necessary to enforce or defend legal rights through the Courts.

Mediation is a form of alternative dispute resolution where a neutral third party, the mediator, assists the disputing parties in negotiating a mutually acceptable settlement. The mediator does not make a decision for the parties but facilitates communication and helps identify issues and possible solutions.

No, arbitration is an alternative to court proceedings. It is a private process where the disputing parties agree to submit their dispute to one or more arbitrators, who make a binding decision on the matter. It is less formal than court and can be faster and more cost-effective.

Yes, parties are encouraged to continue to negotiate a settlement throughout the litigation process. Settlement can occur at any time before the court delivers its final judgment. Often, the court will facilitate these discussions through court-ordered mediation or settlement conferences.

The typical stages of litigation in Queensland include:

  • Filing of initiating documents (such as a claim and statement of claim)
  • Service of documents on the other party
  • Filing of a defence (and possibly a counterclaim)
  • Discovery and disclosure of documents
  • Interlocutory proceedings (to resolve procedural and interim issues)
  • Pre-trial review and directions
  • Trial
  • Judgment
  • Possible appeal process

The duration of litigation varies significantly depending on the complexity of the case, the court’s schedule, and the parties’ willingness to resolve the dispute. It can take anywhere from several months to several years to reach a resolution.

‘Without prejudice’ communication refers to statements made in a genuine attempt to settle a dispute that cannot be used as evidence against the party making them if the dispute proceeds to trial. This allows parties to negotiate freely without fear that their words will be used against them later in court.

Yes, there are statutory time limits known as limitation periods within which a party must commence litigation. These periods vary depending on the type of claim but typically range from one to six years from the date the cause of action arose.

Litigation can be costly, including court fees, legal fees, and possibly the cost of expert witnesses. In Australia, the general rule is that the unsuccessful party may be ordered to pay a portion of the successful party’s legal costs, although this is at the discretion of the court and subject to specific rules and exceptions.

An injunction is a court order that requires a party to do or refrain from doing a specific act. It can be used to prevent a party from taking actions that would cause harm or to preserve the status quo pending the outcome of litigation. Injunctions are generally only granted in particular circumstances, such as when damages will not be an adequate remedy.

If you receive a legal notice or are served with court documents, you should immediately seek legal advice to understand your rights and obligations. You will have a limited time to respond, and failing to do so can result in a default judgement against you.

While you have the right to represent yourself in court, it is advisable to seek legal representation due to the complex nature of litigation. A lawyer can provide expert guidance on the law, court procedures, and the strategic aspects of your case.

In Queensland, several courts handle litigation, depending on the nature of the dispute, its complexity, and the monetary value involved. Below is a summary of the key courts, including links to their official websites for more detailed information:

1. Magistrates Court

  • Jurisdiction: Handles civil matters where the claim is up to $150,000.
  • Common Cases: Small business disputes, minor property issues, and debt recovery.
  • Magistrates Court of Queensland

2. District Court

  • Jurisdiction: Covers civil cases involving claims between $150,000 and $750,000.
  • Common Cases: Larger commercial disputes, personal injury claims, and property disputes.
  • District Court of Queensland

3. Supreme Court of Queensland

  • Jurisdiction: Deals with complex civil matters where the claim exceeds $750,000.
  • Divisions:
    • Trial Division: Handles serious cases with significant monetary claims or complex legal issues.
    • Court of Appeal: Reviews appeals from lower courts.
  • Common Cases: Major commercial disputes, high-value property matters, and complex litigation.
  • Supreme Court of Queensland

4. Queensland Civil and Administrative Tribunal (QCAT)

5. Federal Court of Australia

  • Jurisdiction: Handles federal matters, including insolvency, bankruptcy, intellectual property, and competition law disputes.
  • Common Cases: Cross-border or commercial disputes involving federal legislation.
  • Federal Court of Australia

6. Federal Circuit and Family Court of Australia

Please note that the information provided in these FAQs is general in nature and should not be construed as legal advice. For specific legal advice tailored to individual circumstances, it is recommended to consult with our qualified legal professionals.

Every – Move – Matters

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