Litigation Lawyers Brisbane
Aitken Whyte Lawyers is a boutique law firm specialising in resolving legal disputes and complex civil litigation matters.
Since 1995, our commercial litigation team has represented clients in the Supreme Court, state and federal courts. We’ve achieved successful outcomes for hundreds of businesses through result-focused litigation and dispute resolution strategies.
What Is Commercial Litigation?
Commercial litigation is the process of resolving commercial disputes between businesses, company directors, shareholders, partners or other commercial parties. It is typically done through dispute resolution, negotiation or court proceedings.
While general civil litigation often involves private individuals, commercial litigation usually concerns:
- Business law
- Commercial law
- Contract disputes
- Property law
- Construction law
- Intellectual property disputes
- Director disputes
- Other matters affecting commercial operations
What Our Clients Say
When Should You Hire a Commercial or Civil Litigation Lawyer?
Our experienced commercial litigation team can help you resolve legal issues before they escalate into more costly and time-consuming matters. Here are some instances where you should hire them.
Commercial Litigation and Business Disputes
Our commercial litigation dispute resolution team regularly advise clients on complex legal matters that protect their business interests and personal assets. They strive to achieve negotiated settlements before commencing court proceedings.
General Civil Litigation
Our Brisbane litigation lawyers also act for individuals across a wide range of civil litigation matters. If you are being sued, need to make a claim, or are facing a dispute that requires experienced legal assistance, we offer tailored strategies to resolve complex legal challenges.
Choosing the Best Brisbane Litigation Firm (intro)
When facing a dispute, it is important to choose a commercial litigation lawyers Brisbane team you can trust. Especially if your matter involves:
- Commercial litigation disputes
- Property disputes
- Contractual disputes
- Partnership disputes
- Construction disputes
- Debt recovery
- Corporate insolvency
- Since 1995, our boutique law firm has built a strong track record of successfully representing clients across Queensland, including individuals and both large and small businesses.
Property Disputes and Caveats
Property disagreements can quickly become complicated, particularly where ownership rights or financial interests are contested. Our litigation lawyers regularly assist with disputes concerning real property, caveats lodged over land or property, and caveat removal.
Trust Disputes
Disputes may arise between trustees, beneficiaries or third parties regarding the management of trust assets, distributions or trustee obligations.
We have extensive experience acting in complex trust litigation. This includes applications for the Removal of Trustees and proceedings before the Supreme Court.
Estate Disputes
Estate disputes can arise when family members disagree about a Will, the administration of an estate or the distribution of assets.
If you are challenging a Will or bringing a Family Provision Application under the Succession Act, our firm can help. We regularly represent clients in court proceedings involving deceased estates.
Debt Recovery
Like many litigation law firms, we help both companies and individuals with debt recovery matters. This includes sending letters of demand and issuing both statutory demands and bankruptcy notices;
If someone alleges that you owe them money and you disagree, our dispute resolution lawyers will work in your best interests.
Defamation
Our litigation lawyers have represented clients in a wide range of defamation matters, protecting both their personal and commercial reputations.
We have successfully acted in cases involving defamatory social media posts, damaging online reviews, online publications and claims against major media organisations, including News Corp Australia.
Professional Negligence
A professional negligence claim may arise when you suffer personal injury or financial loss as a result of a professional you engage failing to uphold their regulatory compliance or duty of care.
Our experienced litigation lawyers will advise you on whether you are entitled to recover damages as a result of negligence, breach of duty, or breach of contract.
Trade Practices and Fair Trading
The Australian Consumer Law (ACL) protects consumers and businesses from misleading or deceptive conduct and unfair contractual terms.
We provide practical advice to clients embroiled in disputes involving misleading conduct, unfair trading practices and commercial litigation matters.
Property Disputes and Caveats
Most commercial litigation and civil litigation matters are subject to strict statutory limitation periods. If you miss a deadline, you may lose your right to commence legal action.
Our best lawyers can advise you about the limitation period that applies to your matter. For more information, refer to our pages on Extension of Limitation Periods.
Alternative Dispute Resolution and Mediation
While we are experienced trial advocates, our first priority is to achieve the best commercial result for our clients. That is why Aitken Whyte strongly believes that alternative dispute resolution should be considered wherever it is commercially appropriate.
If we think a negotiated outcome best protects your business interests, we will pursue every reasonable opportunity to resolve the dispute without unnecessary court proceedings.
How Can a Litigation Lawyer Represent Me?
Our role is to develop the most effective strategy to help you achieve your desired outcome against disputing parties. Here’s how we can help you do that.
Expert Advice
Our lawyers understand every stage of the litigation process, from early negotiations through to complex court proceedings. This allows us to recommend the most appropriate legal solutions for your circumstances.
Litigation Strategy
Much of commercial litigation occurs long before a trial. Our experienced team regularly advises clients on a range of relevant matters including,
- the timing and structure of settlement offers;
- Calderbank Offers and offers made under the Uniform Civil Procedure Rules;
- issuing statutory demands against companies;
We also have extensive experience bringing and defending interim applications, including:
- Strike Out Applications;
- Summary Judgment Applications on behalf of both plaintiffs and defendants; and
- Dismissal Applications where proceedings have been delayed or lack merit.
Courtroom Advocacy
If your matter proceeds to trial, we will provide you with personalised service throughout the hearing.
Why Choose Aitken Whyte Litigation Lawyers
Choosing the right commercial litigation lawyers can make a significant difference to both the outcome of your matter and the way the dispute is managed.
When you engage Aitken Whyte Lawyers, you benefit from:
- Almost 30 years’ experience in commercial litigation and civil litigation.
- A proven track record of successful outcomes in complex commercial disputes.
- Representation across all Queensland jurisdictions, including the Supreme Court, Federal Court and other state and federal courts.
- A boutique law firm offering tailored legal strategies to meet your commercial objectives.
The Commercial Litigation Process
Many people are unfamiliar with the litigation process. However, while every matter is different, most commercial litigation disputes follow this path:
Initial Advice and Early Resolution
The first step is for our commercial litigation lawyers to review the available evidence. Then they will identify the relevant legal issues and explain your options.
Where appropriate, we will recommend alternative dispute resolution, such as negotiation or mediation, before commencing formal proceedings.
Letter of Demand
Many disputes begin with a letter of demand which explains your legal position. It also sets out what you are seeking and provides the other party with an opportunity to resolve the matter without commencing court proceedings.
Commencing Court Proceedings
If negotiations are unsuccessful, your lawyer may recommend commencing proceedings. Depending on the nature of the dispute, this may proceed through the Supreme Court, District Court, Magistrates Court or the Federal Court.
Pleadings and Disclosure
Once proceedings begin, each party files the relevant legal documents. This includes the Statement of Claim, Defence and any Counterclaim.
The parties then exchange them through the disclosure process, which allows both sides to understand the evidence before trial.
Mediation and Settlement Discussions
Throughout the court process, our dispute resolution lawyers continue to explore opportunities for settlement through mediation.
Trial
If settlement cannot be achieved, the matter proceeds to trial. Our experienced lawyers prepare the evidence. They also examine witnesses, make legal submissions and advocate on your behalf before the Court.
Enforcement
After judgment, if the unsuccessful party fails to comply with it, further enforcement action may be necessary. Our team will advise you on your available enforcement options.
Meet Our Lawyers
Robert Aitken
Robert Casalegno
Craig Bartley
Our Commercial Litigation Results
Over the past 30 years, our commercial litigation lawyers have built a strong track record of successfully representing clients on complicated legal matters.
Here is an overview of some of our recent cases.
Commercial and Contract Disputes
Kloprogge v Queensland University of Technology (No 2) [2017] QDC 118
Breach of Contract – Damages – Costs
Our firm successfully represented the plaintiff, who was awarded $663,000 in damages for breach of contract, together with costs.
Following the trial, the plaintiff sought indemnity costs after an earlier settlement offer had been rejected. Although the Court ultimately ordered costs on the standard basis rather than on an indemnity basis, the case demonstrates both the importance of a carefully considered litigation strategy and the effective use of settlement offers throughout the litigation process.
Building and Construction Disputes
Quilkey & Anor v Tractile Combined Pty Ltd & Ors (No 3) [2023] QDC 224
Breach of Contract – Restitution – Damages
We successfully represented the plaintiffs, who recovered more than $219,000 in restitution and over $219,000 in damages, together with costs.
The dispute arose from unlawful residential building work and breaches of contract. The Court found in favour of our clients on multiple claims relating to defective construction work and contractual obligations.
Trusts and Estate Litigation
Wallerstein v Bedington [2012] QSC 71
Trusts – Removal of Trustee – Succession
In this Supreme Court proceeding, we successfully represented the plaintiffs in a dispute concerning trust funds, the removal of the trustee, and the substitution and appointment of a new trustee.
Ultimately, the court ordered the defendant to pay specified amounts to the plaintiffs and appointed a new trustee to manage the trust and its assets. The Court also ordered the defendant to pay the plaintiffs indemnity costs of the proceedings.
Defamation
JTD v PDL [2022] QDC 88
Defamation – Limitation Periods – Costs
We successfully represented the defendant in a significant defamation proceeding involving proposed amendments to a Statement of Claim.
The Court rejected two of the plaintiff’s proposed amendments after finding they introduced new causes of action outside the applicable limitation period. Costs of the application were subsequently awarded in our client’s favour.
Commercial Litigation Procedure and Costs
Thomas & Anor v Kendon & Ors [2012] QDC
Default Judgment – Service – Procedure
In this case, we acted for the defendants in seeking to have a default judgment set aside.
The Court found significant defects in both the Statement of Claim and the service requirements under the Service and Execution of Process Act. As a result, our clients were permitted to defend the proceedings and were awarded the costs of the application.
Our Brisbane Litigation Lawyers
Our experienced commercial litigation law team understands both the legal and commercial realities of a dispute. It is headed by Robert Aitken, who has 30 years of experience in commercial litigation, commercial law, property law and complex civil litigation matters. He is known for giving straightforward advice, adopting a strategic approach and his strong courtroom advocacy.
Our wider commercial litigation team works collaboratively across a broad range of practice areas to provide high-quality legal services, with a free consultation and clear communication to clients throughout Brisbane City and South East Queensland.
Frequently Asked Questions
What is commercial litigation?
Commercial litigation involves resolving disputes that arise from business relationships and commercial transactions. Common examples include contract disputes, shareholder disagreements, construction disputes, debt recovery, partnership conflicts and other commercial disputes.
Can I recover my legal costs if I win?
In many court proceedings, the successful party is awarded a contribution towards their legal costs. However, costs orders are always at the Court’s discretion and vary depending on the circumstances of each case.
Do most commercial disputes go to trial?
Most commercial litigation disputes are resolved long before trial. Usually through a process of negotiation, mediation or another form of alternative dispute resolution.
Call Aitken Whyte Lawyers for solutions and results, for expert and experienced advice to represent you at this important time or, if you want to learn more about our services in Queensland. For Brisbane and surrounding areas including Ipswich, Redlands, Logan, Redcliffe and Caboolture call 07 3063 6000 or email us.
Office Location and Contact Details
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
Ph: 07 3063 6000
Fax: 07 3211 9311
E: enquiries@awbrisbanelawyers.com.au
