How we help
Our first advice in most disputes is about whether to have the dispute at all. Litigation is slow, expensive and public, and even a win rarely recovers all of your costs. We give you a realistic view of prospects and net recovery early, so the decision to fight is a commercial one rather than an emotional one.
- Commercial and contractual disputes
- Debt recovery and enforcement
- Building and construction disputes
- Partnership and shareholder disputes
- Property and lease disputes
- Estate litigation
- QCAT and tribunal matters
- Court representation at all levels
Limitation periods
Six years, for most claims
Under section 10 of the Limitation of Actions Act 1974 (Qld), most contract and tort claims must be started within 6 years of the date the cause of action accrued. Actions on a deed have 12 years. Personal injury has its own shorter regime.
When the clock starts is not always obvious — for breach of contract it is generally the date of breach, not the date you discovered it. Once it expires the claim is generally gone, however strong it was.
Which court or tribunal?
The value of your claim determines where it can be brought, and starting in the wrong forum is expensive. File above your claim's value and you risk a costs order; file in QCAT when you needed a court and you may not be able to recover legal costs at all.
| Forum | Claim value | Costs |
|---|---|---|
| QCAT | Up to $25,000 (minor civil disputes) | Generally a no-costs jurisdiction — each side bears its own |
| Magistrates Court | Up to $150,000 | Scale costs; limited recovery on smaller claims |
| District Court | $150,000 to $750,000 | Standard basis costs, typically a proportion of actual spend |
| Supreme Court | Over $750,000 | Standard basis costs; also complex equity and corporations matters |
QCAT also has jurisdiction over domestic building disputes under the Queensland Building and Construction Commission Act 1991 (Qld) regardless of amount, and over retail shop lease disputes — both common exceptions worth knowing.
If you have been served
Under the Uniform Civil Procedure Rules 1999 (Qld), a defendant served with a claim generally has 28 days to file a notice of intention to defend, with the defence attached. Miss it and the plaintiff can enter default judgment without any hearing on the merits.
Default judgment can be set aside under rule 290, but the application costs more than defending on time would have, and you must explain the delay and show a defence with real prospects. Doing nothing is the single most expensive response available.
How a dispute usually runs
Offers to settle carry consequences
A formal offer to settle under the UCPR is not just a negotiating position — it shifts the costs risk. If you reject an offer and then fail to do better at trial, you can be ordered to pay the other side's costs from the date of the offer, often on the indemnity basis, even though you won on some issues.
The practical effect is that a well-timed offer can end a dispute or, if refused, substantially improve your position. Rejecting one without advice is how parties who were broadly right end up worse off overall.
Debt recovery
Debt recovery is a process, and skipping steps costs money. Before anything else: check the limitation period, confirm the debtor's correct legal entity and current address, and assess whether they can actually pay.
Statutory demands against companies
Where a company owes at least $4,000, a statutory demand under section 459E of the Corporations Act 2001 (Cth) requires payment within 21 days. Fail to comply and the company is presumed insolvent, supporting a winding-up application.
The 21-day period to apply to set a demand aside under section 459G is absolute — the court has no power to extend it. Equally, a demand should never be used where the debt is genuinely disputed: it can be set aside with costs against you. For individuals, the equivalent is a bankruptcy notice.
Enforcement once you have judgment
- Enforcement hearing to examine finances
- Garnishee of wages or bank accounts
- Warrant of seizure and sale over goods
- Enforcement warrant for the sale of land
- Bankruptcy proceedings against individuals
- Winding-up proceedings against companies
What it costs
Litigation costs are driven by how the other side behaves, which is why we estimate by stage rather than quoting a single number. You will have a written costs agreement before we start, and we will tell you when continuing stops making commercial sense.
- Stage-based estimates, updated as we go
- Fixed fees for letters of demand
- Early, candid view of prospects
- Court and counsel's fees at cost
- Realistic advice on recoverable costs
- We will tell you when to settle
Even a successful party usually recovers only a proportion of its actual legal costs on the standard basis. Any assessment of whether a claim is worth running has to be made on the net figure, not the headline one.
Frequently asked questions
Under section 10 of the Limitation of Actions Act 1974 (Qld), most contract and tort claims must be started within 6 years of the date the cause of action accrued. Actions on a deed have 12 years, and personal injury claims have a shorter three-year period with additional pre-court notice requirements. For breach of contract the clock generally runs from the date of breach, not from when you discovered it.
Under the Uniform Civil Procedure Rules 1999 (Qld), you generally have 28 days from service to file a notice of intention to defend with your defence attached. If you do not, the plaintiff can enter default judgment without any hearing on the merits. Default judgment can sometimes be set aside under rule 290, but that costs more than defending on time.
It depends on value. Minor civil disputes up to $25,000 generally go to QCAT, claims up to $150,000 to the Magistrates Court, claims between $150,000 and $750,000 to the District Court, and anything above $750,000 to the Supreme Court. Domestic building disputes and retail shop lease disputes have their own jurisdictional rules.
Usually only a proportion. Costs awarded on the standard basis typically cover part of what you actually spent, not all of it. QCAT is generally a no-costs jurisdiction, meaning each party bears its own legal costs regardless of outcome, which is an important factor when choosing where to bring a claim.
A formal offer to settle under the UCPR shifts costs risk. If you reject an offer and then fail to do better at trial, you can be ordered to pay the other side's costs from the date of the offer, often on the indemnity basis, even if you succeeded on some issues. Offers should not be rejected without advice.
A statutory demand is a formal demand on a company under section 459E of the Corporations Act 2001 (Cth) for a debt of at least $4,000. The company has 21 days to pay or apply to set it aside. Failure to comply creates a presumption of insolvency supporting a winding-up application. The 21-day period to apply to set aside under section 459G is absolute and cannot be extended by the court.
You should not. If there is a genuine dispute about the debt, or an offsetting claim, the demand can be set aside under section 459H with costs consequences for the creditor. The threshold for establishing a genuine dispute is deliberately low. Where a debt is contested, ordinary proceedings are the appropriate route.
Enforcement is a separate process. Options include an enforcement hearing to examine the debtor's finances, garnishing wages or bank accounts, a warrant to seize and sell goods, registering a charge over real property, or bankruptcy and winding-up proceedings. Which is appropriate depends on what the debtor actually has.
In most cases yes. A properly drafted demand resolves a significant proportion of disputes at a fraction of the cost of proceedings, and if ignored it strengthens your position on costs later. It also clarifies the issues, which is useful even if the matter does proceed.
More information
Legal disputes are prone to escalate very quickly without legal advice and intervention. Get advice today.
Litigation and court disputes lawyers Rockhampton
We help a diverse range of businesses and individuals involved in all courts in Queensland, as well as a range of tribunals and commissions in the Federal Circuit and Family Court of Australia and the Federal Court of Australia.
For most people, the mere thought of becoming involved in any sort of legal dispute is unpleasant, if not intimidating. In addition to the potential expense involved, the stress associated with civil litigation or defending a charge or prosecution can be overwhelming for the average person.
With our experience and expertise in litigation and dispute resolution, we can assist you whether it is a simple debt collection or in complex commercial litigation.
Going to Court is a big step and we will be with you every step of the way. Our South Geldard Lawyers will help you to work out the important parts of your case and then work with you in determining the best way to get the results you need. Sometimes, the best way forward is not to go to Court at all and mediation could be the answer. When the time comes, you will know you have made the best decision with a hardworking and dedicated team on your side.
We can assist with:
- Debt Recovery
- Personal Injury Claims
- Motor Vehicle Accident Litigation
- Contract and business Disputes
- Property Disputes
- Employment Disputes
- Corporate Disputes and Insolvency
- Partnership Dissolutions
- Restraint of Trade
- Building and Construction Disputes
- Insurance Claims
- Defending investigations and prosecutions
- Land Court proceedings
- Planning and Environment Court Proceedings
Expert Litigation and Dispute, Rockhampton.
Being involved in a dispute can be daunting. Our experienced Rockhampton litigation lawyers can help with all aspects of commercial law – debt recovery, contract disputes, property disputes, employment disputes, corporate disputes/insolvency procedures, partnership dissolutions restraint of trade building/construction disputes insurance claims defending investigations prosecutions Land Court proceedings Planning & Environment Court hearings
Debt recovery can be a time-consuming and stressful process. Our litigation lawyers offer expert guidance on debt collection strategies and procedures, such as letters of demand, court hearings, and enforcement of judgments.
Businesses may experience disagreements due to a variety of sources, such as contracts, business agreements, and professional relationships. Our dispute lawyers offer comprehensive representation for all aspects of contract and business disputes – negotiation, mediation, arbitration, and litigation.
Property disputes can be complex and involve multiple parties. Our litigation lawyers offer expert guidance on all types of property disputes, such as boundary disagreements, easements, and damage claims.
Employment disputes can have a major effect on your business, making it essential to have legal counsel to safeguard your interests. Our business lawyers specialise in all types of employment disputes such as unfair dismissal claims, discrimination claims and workplace harassment complaints.
Are your business facing financial strain? Our Rockhampton litigation lawyers offer expert guidance on all aspects of corporate disputes and insolvency, such as voluntary administration, receivership, and liquidation.
When dissolving a business partnership, it’s essential that the process be handled correctly in order to avoid disputes and safeguard your interests. Our dispute lawyers offer expert guidance on all aspects of partnership dissolutions, from negotiating the terms of dissolution to settling any disputes that may arise.
Are you facing a restraint of trade issue? Our commercial lawyers can offer expert guidance on your rights and options, including drafting and enforcing restraint of trade agreements as well as defending against claims for restraint of trade violations.
Building and construction disputes can be intricate, involving multiple parties. Our dispute lawyers offer expert guidance on all types of building and construction disputes, such as defects claims, payment disputes, and building contract disagreements.
If your business is facing an investigation or prosecution, our business lawyers can offer expert guidance on your rights and options; including defending against regulatory prosecutions as well as representing you in court.
Do you need expert legal guidance with a Land Court issue? Our commercial lawyers offer expert insight on all types of proceedings related to land valuation, easements, and compensation claims.
Are you facing a planning or environment problem? Our dispute lawyers offer expert guidance on all types of Planning and Environment Court hearings, such as development application disputes, enforcement notices, and environmental protection orders.
Why Choose Our Commercial Litigation & Dispute Lawyers in Rockhampton?
We understand that every business is unique. That is why our team of litigation and dispute lawyers tailor legal solutions to fit the specific requirements of each client. With a proven track record for success, you can rest assured knowing we offer prompt, efficient, and cost-effective legal services.
- Insolvency
- Banking and Finance Law
- Planning and Environment
- Mining and Resumption
- Compensation
- Personal Injuries
- Domestic Violence
- Building and Construction
- Mediation
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Time limits and thresholds change — several figures on this page are indexed annually. Speak to one of our lawyers before acting.
