5518 7777 * "No Win - No Fee" on plaintiff TPD, Income Protection and Family Provision Application estate claims * admin@leelawyers.com.au

Litigation

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

 

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

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.  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.

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.

Dealing direct with the owner of our firm may provide you an unfair advantage.  Let us partner with you to forge the most powerful solution.

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.  Litigation and pre-litigation options may include our work in:

  • Management Committee Meetings
  • General Meetings
  • BCCM Conciliation or Adjudication
  • Queensland Civil and Administrative Tribunal (QCAT)
  • Queensland Courts

Our clients include:

  • Beach House
  • Berkeley on the Beach
  • Burleigh Beach Towers
  • Circle on Cavill
  • Ephraim Island
  • Hilton Surfers Paradise
  • Royal Palm
  • Sanctuary on the Beach
  • Southport Central
  • (and many others)
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

Family Provision claims in this ‘age of entitlement’ are common.  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 frequent 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 claim practice, 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’.

We offer “No Win – No Fee” terms for approved plaintiff Family Provision claims.

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
Property 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.

Intellectual Property Disputes

As the Gold Coast city’s population approaches the one million mark and its industries diversify, we are assisting more and more clients with advice and dispute resolution regarding personal, intellectual and other non-real property.

When negotiating with joint venturers and in business sales for example, value and protection of goodwill can be a major concern.  Likewise, franchising and licensing of business systems sometimes does not go to plan.

We are well-experienced and credentialed in getting straight to what matters in such circumstances. Let us explain the alternatives and prosecute your chosen solution with the energy and focus it deserves.

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