Litigation

Personal Disputes

We take a no-nonsense, direct approach to civil litigation proceedings. Lee Lawyers is a specialised firm, close-by to the Southport Courthouse with a reputation for insight and results.

By the time a dispute matter comes to us, litigation may be the only realistic option but early mediation after filing proceedings can be cost effective in many cases.

In courts or tribunals, mostly it’s all about proving a case, either in prosecution or defence.  Evidence preparation is important in terms of both negotiated settlements and trial hearings.

Our staff pay great attention to details in the documents to ensure a client’s case has the most force possible. We are tough but fair minded and enjoy getting the job done.

Our principal comes from generations of Gold Coast business owners and much of our work is referred from other law firms.

Will and Estate Disputes

We are experienced in Will and Estate Disputes including applications on:

  • Probate or Letters of Administration
  • Family Provision (‘Testator Family Maintenance’)
  • Testamentary Capacity
  • Will Rectification
  • Wills with a Foreign Connection or International Wills
  • Administration of Estate Assets
  • Appointment of Testamentary Guardian
  • Executor or Trustee misconduct.

Increasingly we are also dealing with matters concerning Elder Law being:

  • Guardianship of personal affairs
  • Administration of financial affairs
  • Powers of Attorney of personal and/or financial affairs

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

Property and Lease Disputes

The population of Gold Coast has risen swiftly and so too has the value of its real estate. For most Australians, real property is the greatest tangible asset.

It follows that property disputes, when they occur, must be managed carefully and with a clear strategy. Often, aggressively prosecuting litigation is the way to go, but not always.

Our principal is a nationally-accredited mediator and we have found that when the time and set-up is right, mediation can be the right to clinch a deal rather than running a trial hearing.

We have the insight of three family generations of Gold Coast property investors and retain up to the minute connections. Let our experience be your unfair advantage.

Commercial Disputes

Gold Coast is the nation’s sixth largest city and growing rapidly. However with all commercial opportunities come an amount of risk and dispute among business associates sometimes cannot be avoided.

Commercial and other civil litigation should be commenced with the end in mind, be that prosecuting or defending. Strategy and ‘playing both sides of the chess board’ are required. Impact on business and other resources need consideration.

We come from generations of local business owners and understand there are many ways to resolve a commercial dispute.

Litigation run aggressively is required in many situations, but once litigation is underway, early opportunities for negotiation or mediation may present and provide more cost-effective outcomes.

Body Corporate / Strata Title Disputes

In Gold Coast, many live or work in a Body Corporate (Strata Title) communities. Resolving disputes in this forum requires forceful but precise use of relevant law and procedure. It also requires focus on what is the best litigation strategy to solve problems and improve future community management.  Disputes may concern:

  • Lot owner rights
  • Insurance
  • Right of access
  • Quiet enjoyment
  • Committee misconduct
  • Defamation

As long-term residential and commercial lot owners ourselves, we are well familiar with body corporate procedure.  Many buildings have extensive histories and several stakeholders to consider.  There is often a short term objective to be considered in context of neighbours and a long term investment. 

Building and Construction Disputes

Trade disputes are often technical and detailed in nature. We find that usually, there are multiple, embedded dispute issues in a matter. It is important to formulate strategy early and take a tough-minded approach.

Our principal is a former insurance loss adjuster and SES field operations member. Due to our 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
  • Building Industry Fairness (Security of Payment) Act
  • Queensland Civil and Administrative Tribunal (QCAT)
  • Queensland Courts