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Civil and Commercial Litigation

Terra Australis provides civil and commercial litigation advice to individuals and businesses in Queensland and more broadly across Australia — with the commercial reality of the dispute kept in view throughout.

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In Queensland, civil claims up to $150,000 are heard in the Magistrates Court, $150,000 to $750,000 in the District Court, and above $750,000 in the Supreme Court, with QCAT handling minor civil disputes up to $25,000. Terra Australis Legal advises on contract disputes, debt recovery and insolvency — starting with whether a judgment would be recoverable.

Winning is not the same as being better off.

Litigation is expensive, slow and public. So the first advice we give on any dispute is commercial, not legal: what is the claim worth, what will it cost to pursue, is the other side good for the money, and what is the fastest acceptable exit. Only then does the question of how to run it arise.

We act in contract and debt claims, insolvency proceedings and directors' duties matters, and we appear in the Magistrates, District and Supreme Courts of Queensland. Where a matter warrants counsel, we brief it and stay across the file — you are not handed off.

Disputes we act in
Contract disputes and breach of contract claims
Debt recovery and enforcement
Statutory demands and winding up
Bankruptcy and liquidation
Voidable preference claims
Breach of directors' duties
Insolvent trading claims
Shareholder and partnership disputes
Building and construction disputes
Lease disputes
Magistrates, District and Supreme Court proceedings
Negotiation, mediation and conference processes
How we run a dispute
01

Merits and recoverability

A judgment against an empty company is worth nothing. We assess both the claim and whether it can actually be recovered.

02

Evidence early

Documents, contemporaneous records and expert input assembled at the start — not scrambled together before a hearing.

03

Pressure, then settlement

A well-framed letter of demand and a credible willingness to file resolves a large share of commercial disputes.

04

Proceedings

Where filing is warranted, we run it to a budget you have approved, with counsel briefed where the matter justifies it.

Common questions

Straight answers to what we are asked most.

If I win, do I get all my legal costs back?

Generally no. Costs recovery in Queensland is partial: a successful party is usually entitled to costs assessed on the standard basis, which recovers a proportion of what was actually spent. The shortfall is real and should be factored into any decision to commence proceedings.

Is getting a judgment the same as getting paid?

No. Enforcement is a separate exercise from judgment, with its own steps and costs — enforcement warrants, garnishee proceedings, examinations. If the defendant has no recoverable assets, the judgment may be worth very little.

How long do I have to bring a civil claim?

Limitation periods are set by the Limitation of Actions Act 1974 and vary by the type of claim. Once a period expires the claim is generally lost regardless of merit, so the limitation date should be established at the outset rather than assumed.

What happens if the other side goes into liquidation?

It changes the questions entirely. Proceedings against a company in liquidation generally require leave, recovery becomes a matter of proving in the liquidation alongside other creditors, and the practical prospect of payment usually falls sharply. This is why insolvency risk is assessed before proceedings are started.

Get in touch

Talk to a lawyer, not a call centre.

Tell us what has happened and we will tell you plainly where you stand, what it is likely to cost, and what the next step is.

Free call
1300 165 767
Post
PO Box 386, Kenmore QLD 4069