Our experienced litigation team delivers effective legal strategies to resolve disputes across a broad range of areas. We focus on practical, cost-effective dispute resolution, aiming to settle matters efficiently while protecting your best interests.
Years of experience
Areas of litigation
Office locations
McCarthy Durie Lawyers
Typically replies instantly
You
Does this sound like you?
McCarthy Durie Lawyers
Typically replies instantly
You
What We Do
Practical, cost-effective solutions for recovering outstanding debts, from formal demands through to court enforcement.
Resolving contract, leasing, partnership, and shareholder disputes with a focus on achieving the best practical outcome.
Expert guidance for beneficiaries contesting a will and executors defending estate claims.
Early expert advice can significantly reduce the severity of charges or penalties in criminal and traffic matters.
Dealing with this right now?
We can talk through your situation and explain your options. No obligation, no jargon.
Our Process
We listen carefully, review the key facts, and give you an honest assessment of where you stand.
We consider negotiation, mediation, and alternative dispute resolution before recommending court action.
If proceedings are needed, we prepare a thorough case strategy and gather the evidence to support it.
We handle all court appearances, correspondence, and negotiations on your behalf.
We work towards the best practical result, keeping you informed and in control throughout.
In Detail
When debts remain unpaid, legal action may be necessary. We offer practical, cost-effective solutions for all stages of debt recovery and enforcement.
Property development is complex. We bring decades of experience across developments from single dwellings to large-scale constructions.
If you are facing a criminal charge, expert legal advice early on is essential. Case conferencing with Police can significantly reduce the severity of charges or penalties.
Challenging a will can be complex and emotionally difficult. Our experienced estate litigation team is here to guide you through the process.
If you have been excluded or believe you have been unfairly provided for, we can help you apply to the Court for further provision from the estate.
Being named as an executor of a will carries serious legal responsibilities. When disputes arise, the role becomes even more complex.
A probate caveat prevents you from obtaining probate until it is resolved. Our team can guide you through the process of removing a caveat.
Business disputes can be disruptive and costly. We work to resolve commercial disagreements as quickly and efficiently as possible, including:
Going to court is not always the best option. We are experienced in a range of alternative dispute resolution methods that can save you time, money, and stress.
We will advise you on the most appropriate method for your particular situation.
Domestic Violence Orders can offer important protection, or impose serious restrictions if applied for without proper basis. We provide expert advice whether you are:
When debts remain unpaid, legal action may be necessary. We offer practical, cost-effective solutions for all stages of debt recovery and enforcement.
If you are facing a criminal charge, expert legal advice early on is essential. Case conferencing with Police can significantly reduce the severity of charges or penalties.
Being named as an executor of a will carries serious legal responsibilities. When disputes arise, the role becomes even more complex.
A probate caveat prevents you from obtaining probate until it is resolved. Our team can guide you through the process of removing a caveat.
Going to court is not always the best option. We are experienced in a range of alternative dispute resolution methods that can save you time, money, and stress.
We will advise you on the most appropriate method for your particular situation.
Property development is complex. We bring decades of experience across developments from single dwellings to large-scale constructions.
Challenging a will can be complex and emotionally difficult. Our experienced estate litigation team is here to guide you through the process.
If you have been excluded or believe you have been unfairly provided for, we can help you apply to the Court for further provision from the estate.
Business disputes can be disruptive and costly. We work to resolve commercial disagreements as quickly and efficiently as possible, including:
Domestic Violence Orders can offer important protection, or impose serious restrictions if applied for without proper basis. We provide expert advice whether you are:
Latest Insights
Your rights as a Consumer - Motor Vehicles and other products and services Under the Australian Consumer Law, you have rights if you are a consumer. These are statutory consumer rights that the supplier and/or manufacturer cannot contract out of, an
Read more![Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48 – Last Director Rule](https://mdl.imgix.net/blog_images/HIIXPb7Yjxde8NIDMATU_Approved_MDL_Images_21_.webp?w=640&auto=format%2Ccompress)
Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48, is an important case in Australian corporate and insolvency law. It is best known for being the first significant judicial interpretation of section 203AB of the Corporations Act
Read more
If your business is thinking about a restructure, a recent High Court decision matters to you—even if you’re not a big company. In Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 (6 August 2025), the High Court clarified how “genuine redundancy” is
Read moreFAQ
Typical steps are a formal letter of demand, then court proceedings if the debt remains unpaid. In Queensland, debts under $25,000 are generally pursued through QCAT as a minor debt claim, while larger debts are recovered in the Magistrates, District or Supreme Court depending on the amount. Once judgment is obtained, enforcement options include garnishees, seizure and sale of goods, and bankruptcy or wind-up applications.
Most civil claims in Queensland must be commenced within six years of the cause of action arising, but some claims have much shorter limits. For example, family provision applications must usually be made within nine months of death, and personal injury claims have their own strict timeframes. If you think you may have a claim, get advice promptly so the limitation period is not missed.
In some circumstances a Queensland court can grant a restricted (work) licence that lets you continue to drive for work-related purposes while you are otherwise disqualified. You must meet eligibility criteria including the level of the reading, the type of work, and prior driving history. Early legal advice is important because the application has to be made before sentencing.
Mediation is a confidential process in which an independent mediator helps the parties negotiate a settlement. It is widely used in commercial, property, family, and estate disputes because it is faster, more flexible, and usually much cheaper than going to trial. Most matters that go to mediation settle, and any agreement can be made binding through a written settlement deed.
If you are an eligible person such as a spouse, de facto partner, child or certain dependants, you may apply to the court for further provision from the estate under Queensland family provision laws. The court considers your relationship with the deceased, your financial circumstances, and the size of the estate. Strict time limits apply, often within nine months of death.
Not always. Many commercial disputes are resolved through negotiation, mediation, arbitration or expert determination, often saving significant time and cost. Court is usually a last resort. We assess each matter, recommend the most appropriate path, and only litigate where it is genuinely the right strategy for your interests.
Online Enquiry
Have a question about litigation? Fill out the form below and one of our experienced lawyers will get back to you, typically within one business day.
You do not need to have all the answers. Get in touch and we will help you understand where you stand and what to do next.
