When should I get a litigation lawyer involved?

As early as possible. Advice before you send a demand, respond to one, or take a step in a dispute can significantly affect the outcome and the cost.

What is a statutory demand?

It is a formal demand for payment of an undisputed debt from a company under the Corporations Act 2001 (Cth). It has strict timeframes and serious consequences, so it should be issued and responded to carefully.

Do most commercial disputes go to court?

Many disputes are complex and insusceptible to negation or mediation. While some may be resolved through negotiation or mediation, other disputes require expert determination, mini-trial, arbitration or complex litigation. We prepare every matter as if it may be litigated, which strengthens your position in settlement.

When should I get a litigation lawyer involved?

As early as possible. Advice before you send a demand, respond to one, or take a step in a dispute can significantly affect the outcome and the cost.

What is a statutory demand?

It is a formal demand for payment of an undisputed debt from a company under the Corporations Act 2001 (Cth). It has strict timeframes and serious consequences, so it should be issued and responded to carefully.

Do most commercial disputes go to court?

Many disputes are complex and insusceptible to negation or mediation. While some may be resolved through negotiation or mediation, other disputes require expert determination, mini-trial, arbitration or complex litigation. We prepare every matter as if it may be litigated, which strengthens your position in settlement.

Litigation Lawyer Brisbane - QLD

Merlo Law acts for businesses and individuals in commercial disputes across Queensland. Litigation is rarely the goal in itself — the goal is a sound commercial outcome achieved as efficiently as possible. We assess the strength of your position early, pursue resolution where it makes sense, and litigate effectively when it does not.

1

Commercial Litigation in Queensland

We act in commercial litigation and commercial disputes in the Queensland Civil and Administrative Tribunal (QCAT), Supreme Court of Queensland, the District Court of Queensland and the Magistrates Court of Queensland, and the Planning and Environmental Court of Queensland with the forum determined by the issues, value and complexity of the matter. Our work spans contractual disputes, disputes over the sale or supply of goods and services, and disputes arising from construction and property dealings. Litigation in Queensland is governed by various legislation and rules including the Uniform Civil Procedure Rules 1999 (QLD), Planning and Environment Court Rules 2018 (QLD) and we run matters with close attention to procedure, evidence and cost.

2

Debt recovery

Unpaid debts are a cash-flow problem before they are a legal one. We assist with debt recovery, letters of demand, and, where a debt is undisputed and the debtor is a company, statutory demands and related processes under the Corporations Act 2001 (Cth). We match the recovery strategy to the size of the debt and the likelihood of payment, so recovery costs stay proportionate.

3

Dispute resolution

Most commercial disputes settle, and settling well is a skill. We advise on and conduct commercial dispute resolution through negotiation, mediation, expert determination, adjudication, arbitration and litigation, and develop without-prejudice strategy designed to resolve a dispute without the cost and delay of a full hearing. Where proceedings are already on foot, we continue to pursue resolution in parallel.

4

Contractual and property disputes

We act in contractual disputes of many kinds — breach, termination, misrepresentation and disputed performance — and in property disputes and property-related commercial disputes, including lease disputes and matters requiring the lodgement or removal of a caveat.

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Insolvency

We advise creditors and businesses on insolvency-related issues, including recovering debts where a debtor is in financial difficulty and responding to insolvency risk within a commercial dispute. Where specialist insolvency-practitioner input is required, we work alongside the appropriate professionals.

If you are involved in a Queensland commercial dispute, construction dispute, debt recovery matter, QCAT proceeding or court claim, Merlo Law can provide clear, strategic litigation advice focused on protecting your interests and achieving a practical outcome.

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