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Dispute Resolution and Commercial
Litigation Lawyers

“As commercial litigation lawyers, Attwood Marshall have had decades of experience and the specialised knowledge required to help clients navigate their way through the ever-changing and complex commercial litigation and dispute resolution law system.”

Dispute Resolution and Commercial Litigation Lawyers

As commercial litigation lawyers, Attwood Marshall have had decades of experience and the specialised knowledge required to help clients navigate their way through the ever-changing and complex commercial litigation and dispute resolution law system.

Our priority is helping people create positive change and direction in their lives. At Attwood Marshall, our professional commercial litigation lawyers are highly specialised in all areas of business and commercial law, with a key focus on dispute resolution in all commercial applications.

Servicing the Gold Coast, Brisbane and Northern New South Wales, we have the local knowledge and industry experience to advise and guide businesses to a positive outcome for all parties involved. We are proud to deal with all commercial litigation and dispute resolution issues on both sides of the border, adhering to state-specific guidelines as well as broader commercial law to ensure smooth and successful representation.

For professional dispute resolution and legal help in any area of commercial or business law, contact Attwood Marshall today.

Our Specialty Areas

Our friendly and dedicated team of commercial litigation lawyers are committed to helping our clients throughout Brisbane, the Gold Coast and Northern New South Wales manage their business and commercial matters through fair and respectful dispute resolution.

Property Disputes

We provide advice and representation for tenants, landlords, agents, buyers, sellers and body corporate in regards to all property matters and disputes. Our professional dispute resolution will ensure relationships are maintained, and all aspects of the matter are considered and dealt with fairly, to reach a positive outcome for every stakeholder.

We can assist in the following areas:

  • Equitable Claims to Property
  • Disputes between Joint Tenants/Tenants in Common and Appointing Statutory Trustees
  • Disputes arising from Contracts for Sale
  • Damage to Property Caused by Third Parties
  • Caveats
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Leasing Disputes

With experience in both commercial and residential leasing disputes, we regularly manage dispute resolution processes and complex litigation at various levels of the Court and Tribunal system. Our professional commercial litigation lawyers focus on making the process as smooth and seamless as possible.

Commercial Leasing Disputes

  • Water Leaks and Damages
  • Disputes concerning Market Rental Reviews
  • Rental Relief from Forfeiture
  • Structural Issues
  • Recovering Unpaid Commercial Rent
Residential Leasing Disputes

  • Fair Wear and Tear
  • Structural Issues
  • Recovering Unpaid Residential Rent
  • Evicting Residential Tenants
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Partnership and Corporate Disputes

Disputes between shareholders and joint venture parties can be a major distraction and loss of time, especially when it interferes with business operations. Your commercial litigation lawyer from Attwood Marshall has a thorough understanding of the commercial context of corporate disputes, and can advise on the most appropriate resolution and exit strategies to reach a result both parties are satisfied with.

We can provide advice and representation in the following areas:

  • Disputes between Office Holders
  • Shareholder Rights and Disputes with Office Holders
  • Disputes between Members of Incorporated Associations
  • Advice on Director’s Personal Liability
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Looking for legal advice regarding Partnership and Corporate Disputes? Read more or contact us now for your free legal advice.

Competition and Consumer Law

The Competition and Consumer Law in conjunction with state legislation are used to preserve and enhance the competition amongst businesses together with the protection of consumers. The laws encompass a number of different types of conduct and transactions, including:

The laws encompass a number of different types of conduct and transactions, including:

  • Misleading and deceptive conduct in trade or commerce
  • Unconscionable conduct in trade or commerce, and specific bans on unconscionable conduct in consumer and some business transactions
  • Unfair contract terms
  • Banning specific unfair practices in trade or commerce
  • Dealing with consumer transactions for goods or services
  • Safety of consumer goods and product related services
  • The making and enforcement of information standards
  • Liability of manufacturers for goods with safety defects
These laws also aim to protect consumers from such behaviour as:

  • False and misleading representations
  • Misleading consumers as to the nature of characteristics of good and/or services
  • Bait advertising
  • Sending unsolicited goods then demanding payment for same
  • Misleading or deceptive conduct
  • Defamation

This can be a minefield for businesses of all sizes and must be carefully considered to avoid legal action. At Attwood Marshall, we have a complete and comprehensive understanding of the Competition and Consumer Law, its applications and impact, and can work with you to ensure you are always acting appropriately.

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Building Disputes

We advise building, construction and engineering companies as well as independent contractors on a wide range of matters, together with homeowners on their rights under home building contracts and home warranty insurance claims.

The Building and Construction Industry Security of Payment Act 1999 (NSW) and the Building and Construction Industry Payments Act 2004 (QLD) aim to assist contractors in getting paid for the work they have performed. It offers a relatively simple process for contractors to submit payment claims and is enforced in the same way as a registered judgement.

It is important to remember that there are a number of pitfalls that both the contractors and the owner/developers need to be aware of, and we are able to provide up-to-date advice on these matters. Our commercial litigation lawyers are well versed in the relevant state-specific and industry-specific legislations, and will work with you in a cost-effective and efficient manner.

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Body Corporate/Owners Corporation Disputes

In either a Body Corporate (QLD) or Owners Corporation (NSW), disputes will usually either arise between:

  1. Unit owners
  2. Owner/owners and the Body Corporate/Owners Corporation, or;
  3. Owner/Body Corporate/Owners Corporation and a neighbour

The most common disputes are over issues such as levies, damage to property, lack of maintenance for common property or personal property, overhanging trees, blocked pipes from obstructions (such as tree roots) in common areas, noise complaints, neighbours and insurance.

At Attwood Marshall, an experienced commercial litigation lawyer from our team will be able to assist you in finding a resolution to the dispute or referring your dispute to an external body. These include the Office of the Commissioner for Body Corporate and Community Management or Queensland Civil and Administrative Tribunal (for QLD disputes) or Fair Trading NSW or Consumer Trader and Tenancy Tribunal (for NSW disputes).

Lawyers Gold Coast
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Insolvency and Bankruptcy

In recent economic times, many companies have suffered a significant downturn in business which has led to cash flow shortages. It is important, as a Director or business owner, that you are aware of the true financial position of your company so as to avoid insolvent trading.

Early intervention is the key, and we work with a number of Insolvency Practitioners to provide up-to-date advice and devise strategies to assist during these difficult times.

Personal bankruptcy is also increasing in the current economic climate, and again, early intervention is key. We can provide you with advice on the options available to you and work with Insolvency Practitioners to provide you with up-to-date advice and strategies. There have been a number of recent changes in this area of law and it is important that you obtain the right advice from the very start.

Recovery of unpaid money, whether from an individual or corporate entity, in a cost-effective and efficient manner is also an area we specialise in. Our goal is to be able to work with you to resolve your situation as quickly and effectively as possible.

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Representative Class Action

Commonly referred to as a ‘Class Action’, a representative action involves 7 or more people, each with the same or similar disputes against the same individual or company.

It is an action that can only be run through the Federal Court of Australia and must be in accordance with the Federal Court Rules. There is no limit as to the size of the action, or the members therein. To date, the largest class action recorded was in the USA with 1.6 million members, all women, regarding a sexually discriminating clause in the workplace.

There are both positives and negatives of a representative action, in that individual costs are minimal and the strength in numbers can provide a much greater chance of success, but at the same time proceedings can be extremely lengthy and complex, with a number of directives that must be adhered to.

If you think you may have a potential representative class action, it’s vital that you contact the commercial litigation lawyers at Attwood Marshall for further information and advice. We will ensure all directives are followed and complications are minimised, and our specialised knowledge and experience in class actions will give you the best chance of a case in your favour.

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Claims Against Insurance Companies

Attwood Marshall has a long history of fighting insurance companies across a broad spectrum of claims.

The majority of people hold insurance policies for a wide variety of cover. The average family has insurance for their home and contents (including cover for public liability claims), motor vehicle insurance, business insurance and total and permanent disability and death cover with your superannuation policies. Most business people and professionals have compulsory professional indemnity insurance to cover them for claims in the event of negligent advice or work that results in their clients or customers suffering losses. The majority of people pay their premiums for most of their lives and rarely or never actually end up lodging a claim in respect of these policies. This is what the insurance companies hope will happen so that they make money from the premiums that they collect.

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Claims Against Banks And Financial Planners For Bad Investment Advice

If you have suffered financial losses as a result of bad or incorrect financial planning advice, you may be entitled to claim damages for negligent advice that may have been provided to you.

In recent years there has been an explosion of people suffering significant losses as a result of negligent, and in some cases, fraudulent advice being provided by in-house financial planners. Many of the cases involved inexperienced financial planners working for the banks, advising customers to invest in financial products that were owned by the bank. Not only were the planners claiming significant commissions from these investments, but they were also obviously in a conflict situation because they were advising the customers to invest in the bank’s financial products or companies owned by the banks.

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For a leading commercial litigation lawyer in Brisbane, the Gold Coast or Northern New South Wales, contact Attwood Marshall today by calling 1800 621 071 or emailing [email protected]

With specialised experience in all aspects of business and commercial dispute resolution, we will assist and guide you towards a successful outcome.

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We act in both QLD and NSW in all areas of law and Federal jurisdictions.

Freecall 1800 621 071

T: 07 5536 9777 F: 07 5536 9755

E: [email protected]