Litigation & Dispute Resolution

Estate disputes commonly arise when individuals assert that they have been treated unfairly in a will or under the rules applicable when there is no will. These conflicts may also stem from questions regarding the proper execution of a will, its interpretation, the testator's understanding of the document they signed, and even suspicions of undue influence.

Do you have concerns about the possibility of your land or property being acquired by a government department or council?

In Queensland, the government has the power to resume land for public purposes, such as for building roads, railways or schools, and this process is known as land resumption. If your land is being resumed, you have the right to be compensated fairly for your loss.

Legal interest in an asset refers to the formal, recognised rights over the property, which are enforceable by law. This might include ownership rights documented through titles or deeds.

Non-legal interests, on the other hand, often refer to beneficial or equitable interests. These might not be formally recognised by law but are acknowledged by parties involved, such as the right to benefit from the asset (like a family member living in a home owned by another family member) without holding the title. Understanding these differences is crucial in asset management and estate planning to ensure that all parties' rights and expectations are clearly defined and protected.

Many property owners will, at some stage, be faced with disputes relating to fences and trees. Whether it by a neighbour arbitrarily lopping a tree, a fence caving in between two properties or access being denied to utility infrastructure on common property, our professional team at Argon Law have dealt with many property disputes. Let us help you resolve your property dispute today. These disputes can be resolved by way of proceedings in QCAT, the Office of the Commissioner for Body Corporate and Community Management (BCCM) and the various Courts.

Debtors are an unfortunate part of running a business. You can end up spending a significant amount of time trying to recover the debt yourself, when that time could have been better spent making money! It often makes sense to hire a debt collection lawyer or a debt collection agency. So, which should you use?

• It is important to understand that debt collection agencies often charge on a commission basis and this can work on a sliding scale depending on the amount of debt. 
• This can end up being a signficant cost if the debt is recovered.
• While debt collectors can use a variety of techniques to contact the debtor, including letters, emails and phone calls, often correspondence coming from a lawyer can carry more weight than a debt collection agency.
• A lawyer also has more options available for debt recovery, including commencing legal action if the payment is not made.

We will explain your options and advise you on the best course of action to assist in recovering your debts.

In the case of small claims through the Queensland Civil and Administrative Tribunal (QCAT), we can assist you in being your own advocate, providing tips on how to prepare and present your argument to increase your chances of a favourable result.

The Queensland Civil and Administrative Tribunal (QCAT) presents a simplified and cost effective mechanism for the recovery of debt. Although legal representation is only allowed in exceptional circumstances and by way of application, our team at Argon Law can assist you in preparing and lodging the claim documents as well as compiling the necessary evidence to prove your claim. Speak to us today about your QCAT application.

We pride ourselves on conducting cases efficiently, expeditiously and economically. Litigation can be intricate, time consuming and expensive. At Argon Law, we take the view of speedily determining cases and cost attainment. Whilst in some cases a matter will need to proceed to be heard by the Court, we will explore all prospects of settlement prior to going to Court. We will guide you through the various phases of litigation, starting with the initial letter of demand, claim and/or application, through to obtaining judgment and enforcement.

• Time limits applicable to enforcing your claim
• The best channel to enforce my claim – which tribunal or court: QCAT, Magistrate, District or Supreme Court?
• Helping you (the enforcement creditor) to recover the judgement debt – enforcement warrants
• Seizure and sale of property, emoluments enforcement warrants, petitioning for the bankruptcy of the debtor

• If you receive a demand for payment of a debt it should not be ignored
• Do not make payments to debts older than six years or acknowledge these debts in writing prior to seeking legal advice
• Negotiating down payments on your behalf that are affordable, suiting your financial situation
• Disputing claimed amounts
• Acting swiftly once a letter of demand is received can curb interest and unnecessary legal costs - court proceeding can be time consuming and expensive
• Maintaining a good credit record and limiting harassment by debt collectors
• Once legal proceedings have commenced strict formal procedures and timelines apply - it is advisable to urgently seek legal advice

Most disputes can be resolved without proceeding to Court. At Argon Law, we provide our clients with the full scope of possible remedies available, including mediation and alternative dispute resolution (ADR). Various laws and statutes require that self-resolution, mediation and ADR be attempted before formal proceeding in commissions, tribunals and Courts are instituted.

Leasing disputes are a very common occurrence. Who is at fault? What are my rights? Can I be evicted? What will happen to my business and belongings? These are just a few questions asked by people when faced with commercial leasing disputes. Let us assure you of your rights and obligations. Our solicitors have great experience in both commercial and residential leasing and tenancy disputes on the Sunshine Coast.

Do you have concerns about the possibility of your land or property being acquired by a government department or council?

In Queensland, the government has the power to resume land for public purposes, such as for building roads, railways or schools, and this process is known as land resumption. If your land is being resumed, you have the right to be compensated fairly for your loss.