Civil and Commercial Litigation

Civil and Commercial Litigation
Aitken Whyte Lawyers Gold Coast

Litigation and Dispute Resolution Lawyers And Solicitors Gold Coast, Qld

Commercial Litigation - Gold Coast Lawyers

Our lawyers at the Gold Coast handle all types of litigation and disputes. Whether the legal advice or legal services you need are simple or complex, we can help you. Our solicitors at the Gold Coast are experienced and successful in all courts and jurisdictions with particular expertise in the conduct of complex commercial litigation and civil litigation. Our law firm will guide you through the court’s process with efficiency and expertise.  It may mean that an alternative dispute resolution process is more sensible than a hearing or trial to end your dispute early by negotiation or mediation or other form of alternative dispute resolution.

Our solicitors have dealt with, and deal with currently, disputes and matters in all State Courts including the Magistrates’, District and Supreme Courts, the Federal Circuit Court and Federal Courts and all tribunals including QCAT.  If you are having or intend to have a legal fight or dispute – speak to us.

We will discuss with you and provide legal advice on how to best deal with your dispute to achieve the goals you are aiming for. Aitken Whyte Lawyers provide experience, commercial understanding, strategy and legal services to produce a positive outcome.  We will work with you to ensure you understand the civil litigation process and provide you with legal advice on the prospects of your claim or defence and at an early stage in the process to best enable you to decide how to resolve your litigation and what dispute resolution process is most appropriate for your circumstances.

You should keep in mind that there limitation periods set by acts of parliament that dictate within what period of time you must commence court proceedings.  If you don’t start your proceedings within that time, then you may be prevented from taking any action to recover loss you may have sustained. There are many different limitation periods for different causes of action. Some of these are as short as a number of days such as proceedings relating to some employment disputes.

The period starts from when a cause of action accrues to a plaintiff. Some of the more prevalent causes of action such as those based on a breach of contract, ones for a tort such as claims in negligence (other than personal injury) and ones based on misleading and deceptive conduct provide for a period of 6 years.  In any event, you should not delay as time periods run away and may lose you valuable rights.  We can let you know what the relevant period of time is for your cause of action or whether you have a right to prevent the other party pursuing you because they have waited too long.

We provide significant experience in all types of commercial litigation and civil litigation. Some of the types of disputes we can act for you include litigation about:

  • Contractual disputes whether the contract is in writing or a verbal contract (most are verbal agreements)
  • Professional negligence, legal malpractice claims and professional liability
  • Buying and selling of businesses
  • Partnerships or trusts and trustee disputes and other fiduciary obligations and duties
  • Building and Constructions disputes including commercial buildings and domestic
  • Leases: Commercial leases and retail shop leases disputes including rights as between a lessors and lessees
  • Company disputes including disputes about directors or directors’ rights, powers or obligations
  • Insolvency and winding up of companies
  • Intellectual property disputes
  • Debt recovery
  • Bankruptcy and sequestration orders
  • Disputes over insurance contracts or insurance policies, suing insurance companies, making complaints to FOS (Financial Ombudsman Service)
  • Disputes with banks over mortgages, loans or other services and complaints with FOS
  • Competition and Consumer Protection: misleading or deceptive conduct, anti-competitive conduct, restraint of trade, unconscionability, consumer guarantees, unfair terms and manufacturer’s liability
  • Employment: employment agreements, termination and redundancy, restraint of trade clauses or employee breaches or disclosure of confidential information or other intellectual property
  • Franchising: Franchising Code, franchising agreements, disclosure statements, enforcement of the rights of the franchisor and franchisee
  • Property and land disputes 
  • Wills’ disputes, contesting wills and Testator’s family maintenance claims
  • Appeals

Office Location and Contact Details

Gold Coast
Aitken Whyte Lawyers
Level 6, 9 Lawson St, Southport
Ph: +617 5596 9099