Civil Litigation

Areas of  Law

Civil Litigation & Disputes

Your average civil solicitor will go to Court twice a year. They will send letters, they will brief counsel, they will write memorandum but not argue on their feet in Court. At MacDonald Law we like to do things differently. Our civil solicitors have faced down the challenges of the court room and know what to do in every aspect of a case. Litigation and dispute resolution is what our litigation director does day in and day out. So let him do it for you too.

Our Approach

Your commercial litigation solicitor, Jag MacDonald, will sit down with you and work out a holistic plan of how to tackle your legal dispute or problem. This collaborative process focuses on working with our clients to obtain quick and efficient results in a cost effective manner.


Usually civil law and specifically its litigation involves complex issues of fact, this requires an in-depth understanding of what happened. Who would know this better than our client? Step by step we take instructions from you, gather evidence from lay witnesses, expert witnesses and documentary evidence. All of this helps our civil law team to prepare your matter impeccably.


We can then present this to the other side as leverage to negotiate the matter at an alternative dispute resolution process such as mediation or a settlement conference. In most cases matters resolve during these dispute resolution processes.


If the matter is still not able to settle we are capable at managing court proceedings and can box out a claim in the Courtroom.


Jag is adept at appearing before all manner of Courts and Tribunals, whether it be the:

  1. Queensland Courts;
  2. Fair Work Commission (FWC);
  3. Queensland Industrial Relations Commission (QIRC);
  4. Queensland Civil and Administrative Tribunal (QCAT);
  5. Federal Court.


We do not do workflow and we most certainly do not do ‘one size fits all’. Our approach is tailor made for you and by you.


Every case will be personally overseen by our Director Jag MacDonald to ensure things happen in an appropriate bespoke manner.

What We Do

Civil law has a wide depth and we understand that we need to service a lot of areas to meet your requirements. We are adept at dealing with all manner of commercial litigation including:


Administrative Law: This is the law which governs the procedures for challenging decisions made by government agencies.


Commercial litigation: This is litigation which arises within a business context. It often deals with contract disputes, property or leasing disputes, franchise disputes or partnership disputes, among many other things.


Confiscation of Assets: In serious criminal court proceedings, for instance drug trafficking, the State of Queensland can apply to the Supreme Court of Queensland for an Order to freeze or confiscate your assets. Assets can include your bank accounts, house, car, and shares.


Defamation Law: This is the law which governs defamatory statements made either in writing or by speech. These legal proceedings relate to allegations of a defamatory statement being made.


Disputes: No matter the dispute, whether it involves a contract, a lease, a pet such as a dog, or anything else, our civil disputes team can help you out.


Employment Law: This is the law which governs an employee/employer relationship.


Equity claims: This is an area of law which attempts to recognise a fair resolution of a matter, in the absence of a specific legal right in a piece of legislation which would enable it.


We are experienced, ready, and able to work on what you need us to. Whether that be dispute resolution focused, litigation focused or a two pronged approach. We have built up relationships with some of the best barristers in the State to make sure we can help with whatever life throws at you.


Throughout Brisbane, Toowoomba, and the Darling Downs we are here for you. 

Areas

  • Blue Card Disputes
  • Defamation
  • Employment Law
  • Equitable Claims
  • Contract Disputes
  • Partnership or Company Disputes
  • Property Disputes
  • QCAT Litigation
  • Trust Disputes
  • Workcover claims

Frequently Asked Questions

What is an Equitable Interest? 

This is where someone may have a legitimate interest in a property, without being the owner on title of it. The only way that it can be enforced is by a Court with requisite jurisdiction. Regularly, this includes a constructive trust or resulting trust. 


What is defamatory material in Queensland?

Generally speaking, material will be defamatory if it could injure the reputation of an individual by exposing them to ridicule, contempt or hatred; or cause people to shun the individual.


What is a caveat?

A caveat is a legal document which you can lodge on title of a property in Queensland. It registers a persons interest in the property and gives notice to the property owner about your interest.


There is very strict time limits in place, so it is important that you see a lawyer and obtain legal advice quickly.


What is a shareholder agreement and is it recommended?

This is a contract which is legally binding amongst the shareholders of a company. It is recommended that shareholders enter into one as it usually provides for :


1. the relationship between each of the shareholders;

2. the ongoing management and operation of the business;

3. the rights of each of the shareholders; and

4. how shareholders can exit the company.


Having a shareholder agreement in place can save you time and money in the event of a future dispute. In the case of a dispute, it makes things clearer between shareholders. 

Costs

  • Payment Plans available
  • Fixed Fees available
  • $330 initial consultation

Want to request an initial consultation?

Contact us for an initial consultation

Our Civil Litigation Team 

Other Areas of Law

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