Litigation is the last step, not the first. Before we file anything we work out whether the money is realistically recoverable — because a judgment is not money, it is only a right to pursue money.
Debt recovery
Four things get established first: the contract or invoices the debt arises from, the exact amount owing, whether the contract allows interest and recovery costs, and whether the limitation period has expired. In Queensland the limitation period for a simple contract debt is generally six years from when the cause of action arose.
A properly drafted letter of demand sets out the debt, the basis for it, a deadline and the consequences. Many debts are paid at this stage. Where the debtor is a company and the debt is undisputed, a statutory demand under the Corporations Act is a separate and powerful route — but it is not appropriate where the debt is genuinely disputed, and misusing it is costly.
Which court hears your matter
- QCAT — minor civil disputes up to $25,000; quicker and cheaper, with limited rights to legal representation
- Magistrates Court — claims up to $150,000
- District Court — above $150,000 up to $750,000
- Supreme Court — above $750,000
Contract and building disputes
Defective or incomplete work, variations that were never agreed in writing, and progress claims. The outcome usually turns on the contract and on the contemporaneous record — photographs, emails and site notes made at the time are worth more than recollection.
Neighbour disputes
Dividing fences, overhanging trees and boundary questions have their own statutory process in Queensland, including notice requirements before an application can be made. Getting the notice step right is what allows the matter to proceed at all.
Enforcing a judgment
Enforcement is a separate stage with its own cost: garnishee of wages or bank accounts, seizure and sale of property, or a bankruptcy or winding-up application. This is why we ask about the other side's assets before proceedings start, not after.
The questions we will ask you
- Does the other side have assets or income to satisfy a judgment?
- Is the company still trading, and is it already subject to other recovery action?
- Will the cost of proceedings and enforcement exceed what you can realistically recover?
- Is there a genuine dispute about the goods or services that would turn this into a contested trial?
If the honest answer makes litigation a bad investment, we will tell you that rather than issue proceedings.
General information only. This page describes the law in general terms and is not legal advice for your situation. Time limits are strict and the law changes. Call BNE Lawyers on 0423 007 888 to discuss your own circumstances in English or Vietnamese.