Commercial Litigation QLD

Commercial litigation lawyers, Sunshine Coast and Queensland-wide

Commercial litigation encompasses a diverse range of legal disputes arising in the business and corporate environment. Odyssey Legal acts for businesses across Queensland in contract, shareholder, partnership, consumer law and fraud disputes, and the first question we answer is usually not how to win. It is whether the case is worth running at all.

  • Contract, shareholder, consumer law and fraud

  • We will tell you when not to litigate

  • Acting Queensland-wide

Speak to our Experts: (07) 5370 8759
Start Fast-Track Assessment

01

Start with the Fast-Track Assessment

Five questions, about a minute. It tells us what the dispute is, what stage it has reached, and whether the four questions below point towards running it or resolving it.

Deciding whether to run it, or already in it? Start here.

1ABOUT YOU
2THE DISPUTE
3THE STAGE
4THE OTHER SIDE
5THE AMOUNT
About you

We will come back to you with a view on whether the matter is worth running and what the realistic next step is. No obligation, and the first conversation is free.

02

Is the dispute worth litigating?

Four questions decide whether a commercial dispute is worth litigating, and only one of them is about who is right.

Most commercial litigation pages open with a list of the disputes the firm handles. That list tells you the firm is a firm. It does not tell you whether to pick up the phone, and it does not help with the decision you are actually making, which is whether the cost and the disruption of a proceeding are worth what you might get back.

These are the four we work through in the first conversation, in this order, because a no at any one of them usually ends the analysis.

The four questions, in order

A no at any one of them usually ends the analysis, and the second is the one people check last and should check first.

Proof

Can you prove it, on the documents you already have?

Not whether you are right. Whether you can demonstrate it with what exists. Commercial cases are won on contemporaneous documents rather than on recollection, and the documents were created long before anybody was thinking about a dispute. A claim that depends on what was said in a meeting in 2023, with nothing written down, is a different proposition from one that depends on an email chain. This is the question that most often changes a client's mind, and it is better asked now than after disclosure.

Recovery

Can the other side actually pay a judgment?

A judgment against a company with no assets is an expensive piece of paper. Before anything is filed it is worth checking the company's status on the ASIC register, whether it holds the assets the business trades with or whether those sit in another entity, and whether there are personal guarantees that put a human being behind the debt. If the answer is that there is nothing to recover from, the question stops being litigation and becomes insolvency.

Cost

What will it cost, and what proportion of the claim is that?

Costs scale with the number of issues in dispute and with the volume of documents, not with the amount claimed. That is why an $80,000 dispute over a complicated contract can cost more to run than a $40 – $80k plus barristers fees dispute over an unpaid invoice. Even a successful party rarely recovers all of its costs, so the working assumption should be that a proportion of what you spend is not coming back regardless of the outcome.

Time

How long can the business carry it?

The direct cost is not the whole cost. A proceeding occupies the people who run the business, for two years or more if it goes the distance, and it does that during disclosure and trial preparation rather than evenly. For an owner-operated business that time is frequently the more expensive half. It is a legitimate reason to settle a case you would win.

We will tell you when the answer is not to litigate, and it is not a small proportion of the enquiries we take. A firm that only ever advises you to sue is not giving you advice, it is quoting you. Where the second question comes back no, the answer is usually not litigation at all: see bankruptcy and insolvency. Where the debt is simply unpaid rather than disputed, debt recovery is faster and cheaper than anything on this page.

Speak to our Experts: (07) 5370 8759
Start Fast-Track Assessment

03

The disputes we act in

At Odyssey Legal, we have extensive experience in managing all facets of commercial litigation. What follows is what each type turns on in practice rather than an assurance that we handle it.

Contract

Contractual disputes

Breach of contract, disagreements about what a term means, warranty and indemnity claims, non-payment, and breaches of confidentiality or restraint clauses. Most turn on construction of the words actually used rather than on what either side intended, which is why the contract is the first document we ask for and frequently the only one that matters.

Shareholder

Shareholder and partnership disputes

Oppression and unfair prejudice, breaches of a shareholders or partnership agreement, derivative actions, disputes about share valuation and transfer restrictions, and conflicts over dividends, control and expulsion. These are the disputes where the commercial relationship and the legal claim have to be managed as two separate problems, because the business usually has to keep trading while the argument runs.

ACL

Australian Consumer Law and misleading conduct

Misleading and deceptive conduct, false or misleading representations, unfair contract terms, and ACCC enforcement. Section 18 of the Australian Consumer Law needs no intent, which surprises people: an honest mistake can still be a contravention. The definition is well covered by the regulator and we link it below. What is worth advice is causation and reliance, which is where these claims are actually won and lost.

Fraud

Fraud, misrepresentation and the tort of deceit

Fraudulent, negligent and innocent misrepresentation, and deceit. Deceit carries a higher standard of proof than an ordinary civil claim and it should not be pleaded lightly, because an allegation of dishonesty that fails is expensive. The urgent part is usually not the pleading but preserving assets and documents before they move.

Insurance

Insurance disputes

Coverage disputes and claim denials across professional indemnity, public liability, directors and officers, business interruption and property. These turn on policy construction, on exclusions, and very often on the duty of disclosure at the time the policy was taken out rather than on the loss itself.

IP

Intellectual property disputes

Trade mark infringement and passing off, copyright, trade secrets and confidential information, domain names, and breaches of licensing agreements. Speed matters more here than in most commercial disputes, because delay in objecting can affect both the remedy available and the strength of the underlying right.

Building

Building and construction disputes

Payment claims under the BIF Act, defective work, delay and extension of time, and variations. The statutory timeframes in this area are short and unforgiving, which is why it has its own page rather than a paragraph here.

Debt

Debtor and creditor disputes

Recovering an unpaid commercial debt is a different exercise from litigating a disputed one, and it has its own escalation path, its own costs and its own forum thresholds. Where the debt is genuinely disputed it is commercial litigation; where it is not, the ladder is faster and cheaper.

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Two of those are their own practice areas

Two of those are their own practice areas on this site rather than sections of this one, and they are linked above. If the dispute is really about an unpaid debt that nobody disputes, start with the debt recovery page instead: this page will cost you more than that one will. The regulator's own guidance on misleading conduct is at the ACCC, and it is a better definition than any law firm page will write. What is worth advice is reliance and causation.

04

How a commercial proceeding actually runs

A commercial proceeding in Queensland runs on the Uniform Civil Procedure Rules, and it has a shape that does not change much from case to case.

Knowing the shape is worth more than it sounds, because the expensive stage is not the one people expect. It is not the trial. Most matters never reach one.

01

Weeks

Correspondence and a letter of demand

Sets out the claim and gives the other side a chance to answer it

What that means

The cheapest stage by a wide margin, and a real proportion of matters end here

02

Filed, then served

Claim and statement of claim

The claim stays in force for one year from filing under rule 24

What that means

It must tell the defendant the time limit and that default judgment may follow

03

28 days from service

Notice of intention to defend, and the defence

Rule 137. Miss it and the plaintiff can enter default judgment without further notice

What that means

This is the deadline that turns a defensible case into a judgment debt. Reply within 14 days of the defence.

04

Months, sometimes many

Disclosure of documents

Rule 211: every document directly relevant to an allegation in issue in the pleadings

What that means

The most critical stage in most commercial matters.

05

Any time, and the timing matters

Offers to settle

Chapter 9 Part 5. An offer is made without prejudice and is not shown to the court until liability is decided. It can be a formal offer under the rules or a without prejudice (Calderbank) offer.

What that means

A well-timed offer changes who pays the costs from the date it was made

06

Usually before trial, often court-ordered

Mediation or other ADR

A negotiated outcome the parties design rather than one imposed on them

What that means

Where most commercial matters actually end

07

Two years or more from filing, in a contested matter

Trial and judgment

The issues are decided on the evidence and the pleadings as they stand

What that means

The stage everybody plans for and comparatively few reach

Two things follow from that shape. The deadline that does the most damage is the 28 days, because it is early, it is easy to miss while you are still deciding what to do, and default judgment does not require anybody to prove the claim. And the cost that does the most damage is disclosure, because it is driven by how many issues are in dispute and how many documents exist, which are both things that can be narrowed early and almost never can be narrowed later.

The rules themselves are the Uniform Civil Procedure Rules 1999 and they are free to read. Which court hears what, and what it costs to file there, is on our debt recovery page with the thresholds set out, and the Queensland Courts publish their own fees and practice directions.

05

Resolving it without a trial

At Odyssey Legal, we understand that litigation is not always the most practical or cost-effective solution for resolving commercial disputes. Alternative dispute resolution includes mediation (or settlement conferences for Mags Court matters), arbitration, negotiation and conciliation, and it is particularly effective where maintaining an ongoing relationship and minimising cost are priorities.

Directly, or through us

Negotiation

Who decides

The parties, between themselves

Is it binding

It is binding upon agreement, unless a deed is agreed upon

Best suited to

Disputes where the commercial relationship is worth more than the amount in issue

A neutral third party

Mediation

Who decides

The parties. A mediator runs the process but decides nothing

Is it binding

Only the agreement reached at the end of it

Best suited to

Almost anything, and it is where most commercial matters end. Frequently ordered by the court in any event

A private decision-maker

Arbitration

Who decides

An arbitrator, appointed by the parties

Is it binding

Yes, and the grounds to challenge an award are narrow

Best suited to

Disputes under a contract that already requires it, and matters where privacy is worth paying for

None of these is an admission of weakness and courts do not treat them as one. An unreasonable refusal to mediate is more likely to be held against a party than an early willingness to try.

Speak to our Experts: (07) 5370 8759
Start Fast-Track Assessment

06

Winning is not the same as being paid

A judgment is an entitlement to be paid. It is not a payment, and the gap between the two is where a proportion of successful commercial claimants discover that the analysis they should have done was the one at the start of this page.

Enforcement is its own exercise with its own steps and its own costs. If the defendant has no assets, or has moved them, or was never the entity holding them, that exercise can cost more than it recovers.

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Which is why the solvency question belongs at the start

This is why the solvency question belongs at the beginning rather than the end. Checking who you are actually suing, what they own and whether anybody has guaranteed the debt takes a fraction of what it costs to find out afterwards. Enforcing a judgment is set out on debt recovery, and where the answer is that the company cannot pay at all, that is bankruptcy and insolvency rather than litigation. A statutory demand is the step between the two.

07

Why choose Odyssey Legal?

Imagine the relief of finally knowing your legal troubles are in expert hands. Whether it's recovering money owed through our Letter of Demand or pursuing your rights through legal proceedings, you'll leave our consultation with certainty about your path forward and the confidence that comes from having expert litigation lawyers protecting your interests.

Queensland Law Society

Legal Practice Director

Damon Laffin

  • Master of Laws majoring in Commercial Litigation

  • Admitted to the Supreme Court of Queensland

  • Admitted to the High Court of Australia

11+ Years of Queensland experience
$3M+ Recovered for clients

What that means in practice

  • Focused Expertise. At Odyssey Legal, our expertise is focused solely on Litigation, Dispute Resolution and Business, giving our clients precise and practical solutions tailored to the situation.

  • Expert Experience. Our team brings over a decade of litigation experience, having handled a variety of complex disputes. This translates directly into strategic insights that only come from years in the trenches.

  • Proven Track Record. We've successfully resolved countless disputes and helped safeguard countless businesses, efficiently and effectively.

  • Peace of Mind. From the first consultation, we provide clarity, confidence, and a clear path forward, so you can focus on what matters most and leave the legal headache to us.

Fast-Track Assessment

Find out whether it is worth running

Dealing with a commercial dispute? You don't have to face it alone, and you don't have to commit to a proceeding to find out where you stand.

Five questions, about a minute. It tells us what the dispute is, what stage it has reached, and whether the four questions at the top of this page point towards running it or resolving it.

Start Fast-Track Assessment

(07) 5370 8759

If a claim has already been served on your company, call rather than filling anything in. You have 28 days from service and default judgment does not require anybody to prove the claim.

Frequently asked questions

Commercial litigation is the resolution of disputes arising in a business or corporate setting, through the courts where necessary and through negotiation, mediation or arbitration where that produces a better outcome.

 

It covers contract disputes, shareholder and partnership disputes, Australian Consumer Law claims, misrepresentation and fraud, intellectual property and insurance. What it has in common is that both sides are usually businesses, and that the commercial consequences of the dispute often matter more than the legal ones.

Commercial litigation is the resolution of disputes arising in a business or corporate setting, through the courts where necessary and through negotiation, mediation or arbitration where that produces a better outcome.

It covers contract disputes, shareholder and partnership disputes, Australian Consumer Law claims, misrepresentation and fraud, intellectual property and insurance. What it has in common is that both sides are usually businesses, and that the commercial consequences of the dispute often matter more than the legal ones.

Four questions, and only one of them is about who is right: can you prove it on the documents that already exist, can the other side actually pay a judgment, what will it cost as a proportion of the claim, and how long can the business carry it.

A no to any one of those usually ends the analysis, and the second is the one people check last and should check first.

It depends far more on the number of issues in dispute and the volume of documents than on the amount claimed, which is why a complicated $80,000 dispute can cost more to run than a straightforward $400,000 one.

Odyssey Legal offers fixed-fee options where the scope allows it and a free 15-minute initial consultation to assess your matter before any cost is incurred. What can be said generally is that even a successful party rarely recovers all of its costs, so assume a proportion of what you spend is not coming back.

A contested matter that runs to trial commonly takes two years or more from filing. Most matters do not run that far: they resolve at mediation or through offers well before a trial date.

The stage that takes the longest is usually disclosure rather than anything in a courtroom.

28 days from service to file a notice of intention to defend, under rule 137 of the Uniform Civil Procedure Rules. The claim itself has to tell you that, and it has to tell you that default judgment may be entered without further notice if you miss it.

This is the deadline that does the most damage on this page, because it arrives while you are still deciding what to do about the dispute itself. A default judgment is a judgment: nobody has to prove the claim to get one, and setting one aside is a separate application you may not win.

Yes, and most are. Negotiation, mediation, arbitration and conciliation all produce binding outcomes where the parties agree to them, and mediation in particular is where the majority of commercial matters end.

Courts encourage it and frequently order it. An unreasonable refusal to participate is more likely to count against a party than an early willingness to try.

Disclosure is the obligation to give the other side every document directly relevant to an allegation in issue in the pleadings, under rule 211. It applies to documents that help your opponent as much as to documents that help you.

It is expensive because that test is broad and because it is applied to everything the business holds: email, messages, drafts, accounting records. The cost is driven by how many issues are in dispute, which is the one thing that can be narrowed early and almost never can be narrowed later.

Offers to settle are dealt with in Chapter 9 Part 5 of the Uniform Civil Procedure Rules. An offer is taken to be made without prejudice, it must not be filed, and it cannot be communicated to the court until liability and relief have been decided.

Its significance is on costs. A well-timed offer changes who bears the costs from the date it was made, which is why the timing of an offer is a strategic decision rather than an administrative one. The specific consequences depend on the rules and on what the judgment ends up being, and they are worth advice before the offer goes out.

Contemporaneous documents decide most commercial cases. Emails, file notes, invoices, the contract and its drafts, messages between the people who did the deal. They carry more weight than recollection because they were created before anyone was thinking about a dispute.

The practical consequence is that the strength of a case is largely fixed before a lawyer is instructed. Preserving documents once a dispute is on the horizon is one of the few things that genuinely improves a position afterwards.

Usually a successful party recovers a proportion of its costs rather than all of them, and the shortfall is real rather than nominal.

Costs can also be affected by conduct during the proceeding and by offers to settle, which is one of the reasons an offer made early is worth more than the same offer made late.

Depending on the facts: an oppression or unfair prejudice claim, a derivative action brought on behalf of the company, enforcement of a shareholders agreement, or a negotiated buy-out with the valuation as the real issue.

The practical difficulty is that the business normally has to keep trading while the argument runs, so the commercial relationship and the legal claim need to be managed as two separate problems at once.

Most commercial disputes trace back to a document that was never written, a term nobody read, or a problem raised in a phone call and never put in writing. Written contracts that cover what happens when things go wrong, and raising issues in writing at the time, are worth more than anything that can be done once a dispute has started.

A legal risk review of standing contracts and terms of trade is cheaper than one proceeding, and it is the one piece of litigation advice that costs nothing to act on.

Section 18 of the Australian Consumer Law prohibits conduct, in trade or commerce, that is misleading or deceptive or likely to mislead or deceive. Intent is not required: an honest mistake can still be a contravention, and silence can amount to it where the circumstances create an expectation of disclosure.

The ACCC publishes its own guidance on what counts, and it is linked below. What that guidance will not resolve is whether you relied on the conduct and whether that reliance caused your loss, which is where these claims are actually won and lost.

Generally a corporation needs to be represented by a lawyer in court proceedings, unlike an individual, who may appear personally. The specific position depends on the court and on the kind of proceeding.

Even where self-representation is permitted, the parts of a commercial matter that decide it - the pleadings, disclosure and the timing of offers - are the parts where a mistake is hardest to undo.

We act for businesses across Queensland in contract, shareholder, partnership, consumer law, fraud, intellectual property and insurance disputes, from the first letter through to trial where it goes that far.

The free 15-minute initial consultation is the fastest way to find out where you stand. If our view is that the matter should not be litigated, we will tell you that at the start rather than at the end.

Related information

Uniform Civil Procedure Rules 1999 (Qld)

The rules a Queensland commercial proceeding actually runs on, including rule 137 on the 28 days and rule 211 on disclosure

Debt recovery

Where the debt is not genuinely disputed. The four-rung ladder, the court thresholds with their dollar figures, and what each step costs. Faster and cheaper than this page

Bankruptcy and insolvency

The answer when the second of the four questions above comes back no, and the other side cannot pay a judgment

Building and construction disputes

BIF Act payment claims, defects, delay and the QBCC. Short statutory timeframes and its own practice area

False or misleading claims, ACCC

The regulator's own guidance on section 18 of the Australian Consumer Law, and a better definition than any law firm page will write

Statutory demands

Where a commercial debt has reached the insolvency regime: the 21 days and the four grounds to set one aside

Queensland Courts

Which court hears what, filing fees and practice directions, from the courts themselves

Civil and personal litigation

Disputes that are not commercial in character: negligence, nuisance, trespass and personal claims