Litigation

At McCarthy Durie Lawyers, 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. Whether through negotiation, mediation, or litigation, we tailor our approach to suit your unique situation.

Our clients benefit from clear communication and expert guidance at every stage of the dispute process.

Our litigation and dispute resolution expertise includes:

  • Contract Disputes

  • Consumer Law

  • Corporate & Commercial Law

  • Debt Recovery

  • Family Law Disputes

  • Franchising Disputes

  • Insolvency & Bankruptcy

  • Intellectual Property Disputes

  • Land Court Matters

  • Neighbourhood Disputes

  • Professional Negligence

  • Property & Leasing Disputes

  • Shareholder & Partnership Disputes

  • Town Planning & Development Disputes

  • Workplace & Employment Disputes

We also assist with criminal law and traffic offences

  • When debts remain unpaid, legal action may be necessary. McCarthy Durie Lawyers offers practical, cost-effective solutions for all stages of debt recovery and enforcement.

    We assist with:

    • Bankruptcy & company wind-ups

    • Seizure and sale of goods

    • Sale of real estate

    • Lodgement of caveats and warrants

    We also help strengthen your contracts and systems to reduce the risk of bad debts.

    Recovery options in Queensland:

    • Under $25,000: QCAT minor debt claims – we assist with preparation and advice (legal costs not usually recoverable).

    • Over $25,000: Court action in the Magistrates, District or Supreme Court, depending on the amount.

    Legal costs vary based on complexity and whether the matter is contested or settles early.

  • Property development is complex—don’t let legal disputes delay or derail your project. McCarthy Durie Lawyers brings decades of experience across developments from single dwellings to large-scale constructions.

    We provide clear, practical legal advice to help keep your project on track and cost-effective.

    Our services for developers include:

    • Assembling your development team

    • Managing development applications

    • Negotiating with Council and government agencies

    • Challenging unfavourable conditions or refusals

    • Representing in Planning & Environment Court appeals

    • Advising objectors and resident groups

    • Responding to Council Show Cause and Enforcement Notices

  • Council disputes can quickly stall your development plans without the right legal support. With decades of experience in property and planning matters, McCarthy Durie Lawyers delivers practical, proven solutions to resolve issues swiftly and cost-effectively.

    We assist with:

    • Negotiating with Council and government bodies

    • Challenging development conditions or refusals

    • Advising objectors and resident groups

    • Responding to Show Cause and Enforcement Notices

  • Criminal Law Representation

    If you’re facing a criminal charge, expert legal advice early on is essential. One of the most critical stages in the process is case conferencing, where negotiations with Police can significantly reduce the severity of charges or penalties. Michael ensures this stage is approached with strategic care to maximise your chance of a favourable result.

    Traffic Offences

    In traffic matters, early advice can make all the difference. Michael provides clear guidance on whether to contest the charge, apply for a Restricted Licence or Special Hardship Order, or accept a short licence suspension—based on what’s in your best long-term interest.

    When pleading guilty to offences such as drink or drug driving, Michael prepares detailed submissions to ensure your personal circumstances are fully presented to the Court, increasing the likelihood of a more lenient outcome.

    Domestic Violence Orders (DVOs)

    Domestic Violence Orders can offer important protection—or impose serious restrictions if falsely applied for. Michael provides expert advice whether you are applying for or responding to a DVO application, ensuring your rights are protected. Given that Orders typically last five years and can have lasting impacts, it's essential to seek legal advice early.

  • Traffic infringements are a common part of life—but losing your licence can seriously affect your work, lifestyle, and even your criminal record.

    At McCarthy Durie Lawyers, we’ll explain your rights and develop a realistic legal strategy tailored to your situation. This may include:

    • Retaining your licence

    • Minimising fines or penalties

    • Seeking acquittal where appropriate

    Whether you're dealing with speeding, drink driving, reckless driving, or facing licence suspension, we’re here to help you move forward—or fight for your innocence.

    Our expertise includes:

    • Drink driving (DUI)

    • Speeding offences

    • Work licence applications

    • Licence suspensions

    • Special hardship orders

    • Parking infringements

  • Challenging a will can be complex and emotionally difficult. At McCarthy Durie Lawyers, our experienced estate litigation team is here to guide you through the process with clear, practical advice.

    Left out of a will?
    If you’ve been excluded or believe you’ve been unfairly provided for, we can help you apply to the Court for further provision from the estate.

    Concerned about a will’s validity?
    If you suspect a loved one lacked capacity when signing their will, or believe a more recent will exists, we can advise on how to challenge its validity.

  • Being named as an executor of a will carries serious legal responsibilities. When disputes arise, the role becomes even more complex. McCarthy Durie Lawyers offers trusted advice and support to help you meet your obligations and resolve estate disputes efficiently.

    Facing a Probate Caveat?

    A probate caveat prevents you from obtaining probate until it’s resolved. Our team can guide you through the process of removing a caveat, helping you move forward with your duties.

    Is the Will being challenged?

    As executor, it’s your legal duty to uphold the terms of the will. If someone applies for further provision from the estate, you must defend the claim. We provide practical, cost-conscious support to help you navigate this process with confidence.

    Executor’s Commission

    If you’ve spent significant time managing an estate, you may be entitled to executor’s commission. We can advise you on your eligibility and help you make a claim if appropriate.

Meet Our Team

Ben Schefe

Director | Litigation Team Leader

Madeleine Harling

Senior Associate | Litigation

Michael Mapp

Senior Associate | Litigation

Drazen Kozaric

Special Counsel | Litigation

What our Clients say about us!

Latest from our Litigation Team

Ask Us Anything. Anytime.

Need expert legal help? Contact the Brisbane firm that puts your best interests first. Call us or use the form to reach a team member. For urgent matters, call 07 3370 5100.

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