Civil Disputes and Litigation

Lee Lawyers has extensive experience in providing advice and resolving commercial disputes in the most effective and speedy manner, including in the higher State and Federal Courts.

By the time a dispute is referred to us, litigation may be the best solution, but it is not necessarily the only one. Alternative dispute resolution by mediation and so on can be very cost effective.

Case preparation is very important in terms of both negotiated settlements and trial hearings. We pay great attention to details in the evidence to ensure a client’s case has the most force possible.

We are tough but fair minded and enjoy a reputation for results.

Building and Construction

Trade disputes are often technical and detailed in nature. We find that usually, there are multiple, embedded dispute issues in a matter.

Due to our staff’s experience in managing property damage insurance claims and project management, we have special insights on how best to resolve building projects where the parties are in dispute.

Clients usually have several options available including by reference to the:

Building and Construction Industry Payments Act (BCIPA)
Subcontractors Charges Act
Queensland Civil and Administrative Tribunal (QCAT)
Queensland Courts

Estate Disputes

We are experienced in several forms of Estate Disputes including Family Provision Applications, Testamentary Capacity and Estate Fraud.

In general, a child, parent or other dependent under 18 years of age may make a claim for provision, where unhappy with a testator’s will.  Such family provision applications are in fact becoming the most common estate dispute.

We act for estate executors defending claims and also will prosecute claims for dependents, where for example there is evidence of need and a family provision application will probably succeed.

As we are specialist civil litigators, we are experienced in using court rules and procedure to full advantage of our clients, such in the important area of evidence.

Given our insurance and personal injury claims staff experience, we have many insights and access to medico-legal reporting in respect of testamentary capacity matters.

As our Principal is a Notary Public, we have special advantage when it comes to ‘International Wills’ and/or ‘Wills with a foreign connection’.

Insolvency / Bankruptcy

We are frequently approached by controllers of distressed businesses for advice.  Our legal advice is completely independent and we are able to show options to clients and suggest the most appropriate plan for a return to better times.

In contrast with some misguided Phoenix attempts that may end badly, pre-insolvency positioning is now better understood as a good option if done properly by an experienced  lawyer.

Some of the more useful options for individuals include:

Pre-Positioning Negotiations
Informal or formal agreements (Part 9 or Part 10)
Bankruptcy lodgment with application for early discharge

For companies:

Pre-Positioning Negotiations
Informal agreements
Voluntary Administration
Deed of Company Arrangement
Provisional Liquidation

Body Corporate / Strata Title

In Gold Coast city, many live or work in a Body Corporate (Strata Title) environment.  Resolving disputes in this forum requires careful use of relevant law and procedure.  It also requires focus on what is the best method of solving any problems or improving systems for better operations in future.

We are well familiar with body corporate procedure and provide alternative options to clients which may include by:

Management Committee Meeting
General Meeting
BCCM Dispute Resolution Service
Queensland Civil and Administrative Tribunal (QCAT)
Higher Queensland Courts