Civil + Personal Litigation QLD

Civil and personal litigation lawyers, Queensland

Civil and personal disputes can be emotionally and financially draining, but at Odyssey Legal, we're here to help you find the best resolution with minimal stress. This is the practice area for the dispute that does not have an obvious name: a neighbour, a boundary, damage to property, a professional who got it wrong, or somebody who has taken something and will not give it back.

Nuisance, trespass, negligence and propertyWe will tell you when it is not oursActing Queensland-wide

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Start with the Fast-Track Assessment

Five questions, about a minute. It tells us what the dispute is about, what you actually want out of it, and whether it is a matter for us at all.

Not sure what kind of dispute you have? Start here.

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We will come back to you with what you are actually dealing with and who should be handling it, including when that is not us. No obligation, and the first conversation is free.

What do you actually want out of it?

In a personal dispute, money is rarely what you actually want, and the remedy you are aiming at should be settled before anything else.

Commercial disputes are usually about a number. Personal ones frequently are not. What people describe when they first call is almost never a sum: it is that they want it to stop, or they want the fence moved back, or they want the thing returned, or they want somebody to acknowledge what happened.

Those are different remedies with different tests, different evidence and different costs. A case run for damages when what you wanted was for the conduct to end can be won and still leave you exactly where you started.

Four outcomes, and they are not the same

Most people arrive describing the first one and asking for the second.

Stop itAn injunctionAn order that somebody stop doing something, or occasionally that they do something. It is the remedy people most often actually want and the one they least often ask for by name. Courts do not grant them lightly, they usually require you to have moved promptly, and an applicant is generally expected to give an undertaking about damages if the order turns out to have been wrongly granted. Delay is the thing that most often puts this remedy out of reach, which is why it belongs at the start of a conversation rather than the end.
Pay for itDamagesCompensation for loss actually suffered, which means it has to be proved rather than asserted. In a property damage or professional negligence claim that is usually quotes, invoices, valuations and expert evidence. Damages are the default remedy and frequently the right one, but they answer the question what did this cost me rather than the question make it stop.
Settle itA declarationAn order stating what the legal position actually is: where a boundary runs, what a document means, who owns something. It sounds abstract and it is often the most practical outcome available, because a great many disputes between people who have to go on dealing with each other are really disagreements about a fact that nobody has ever authoritatively settled.
Give it backRecovery and possessionOrders for the return of goods or for possession of land. This is the remedy in disputes about something specific that somebody else has, and the thing to know is that a court will not always order the item itself back: where damages would adequately compensate you, that is often what you get instead.

The first conversation we have is usually about this rather than about the law. Once the remedy is settled, the evidence you need, the urgency, the cost and often the forum all follow from it. Deciding it late is how people end up with a judgment that does not solve the problem they came in with.

Speak to our Experts: (07) 5370 8759 Start Fast-Track Assessment

The disputes we act in

Civil litigation is a broad term that covers a variety of disputes. What follows is what each one turns on in practice, rather than a list of assurances that we handle it.

NuisanceNuisanceInterference with your use and enjoyment of your own land: noise, smell, smoke, water, overhanging or encroaching vegetation, light. The test is not whether it annoys you, it is whether the interference is substantial and unreasonable, judged objectively and in the context of the area. That word unreasonable is doing most of the work, and it is why a record of dates, times and effects matters more than a strongly worded letter.
TrespassTrespass to land and to personEntering land without permission, staying after permission is withdrawn, or putting something on it. Trespass is actionable without proof of damage, which makes it useful where the complaint is about the intrusion itself rather than a loss. It also covers trespass to the person, which is a civil claim and separate from any criminal charge arising out of the same conduct.
NegligenceProfessional negligenceA claim against a professional whose advice or work fell below the standard reasonably expected and cost you something as a result: accountants, valuers, engineers, agents, and other lawyers. These claims stand or fall on expert evidence about what a competent practitioner would have done, and on causation, which is the harder half. This is PROFESSIONAL negligence and it is not personal injury. See the section below.
DeceitFraud and the tort of deceitA knowingly false statement made to get you to act on it, which you did, to your loss. Deceit carries a higher standard of proof than an ordinary civil claim and an allegation of dishonesty that fails is expensive, so it is not pleaded lightly. Where it applies, the urgent work is usually preserving assets and documents rather than drafting.
PropertyProperty damage and disputes over goodsDamage to a building, a vehicle, a fence, trees or stock, and disputes about who owns or is entitled to possession of something. Usually the most straightforward category to prove and the most straightforward to value, which is why it is also the one most likely to be worth resolving without proceedings.
ReviewAdministrative reviews and appealsChallenging a decision made by a government department, a council or a statutory body. These almost always run on a strict time limit that starts when the decision is notified rather than when you find out it affects you, and that limit is usually much shorter than the ordinary limitation period. If a decision has gone against you, the clock is the first thing to check.
DefamationDefamationIts own practice area, with its own mandatory concerns notice, its own short limitation period and its own serious harm threshold. It appears on this list because the live page includes it, but it is not run from here.
InsuranceInsurance disputesCoverage disputes and claim denials turn on policy construction and on the duty of disclosure rather than on the underlying loss. These are handled through our commercial litigation practice.

One number not to plan around

Two of those are other practice areas on this site and are linked above rather than duplicated here. The general limitation period for most civil claims in Queensland is six years, but there are real exceptions, some of them much shorter, and an administrative review can be a matter of weeks. Do not use that number as a plan. Where a matter is within QCAT's jurisdiction, which covers minor civil disputes, trees and dividing fences, that is usually both cheaper and faster than a court and it is designed to be used without a lawyer.

What this is not, and where to go instead

Civil litigation is the catch-all, so the useful thing a page like this can do is tell you when you are in the wrong place.

Four kinds of matter come to us regularly and are not ours. In each case there is somewhere better to go, and going there first costs you nothing while coming here first can cost you time you do not have.

Not our practice area

Personal injury

If you have been physically injured, in a car accident, at work, in a public place or through medical treatment, that is personal injury and we do not act in it. It runs under its own statutory schemes with their own notice requirements and its own limitation periods, most of which are considerably shorter than the general one, and several of which start running before you have seen a lawyer. The phrase negligence lawyers usually means this, and it is not what this page is about: our negligence work is PROFESSIONAL negligence, which is a claim about advice or workmanship rather than about an injury.

Not our practice area

Family law and property settlements

Separation, parenting, and dividing property between former partners is family law, it runs in a different court system under Commonwealth legislation, and it is not ours. A dispute about money or property between people who were in a relationship is almost always a family law matter rather than a civil one, even when it looks like an ordinary debt.

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Domestic and family violence

If the person involved is a current or former partner, a family member or an informal carer, what you need is a domestic violence order rather than anything on this page. DVConnect is available 24 hours and is linked below. We do not act in domestic and family violence matters and we would rather say so now than take a week to say it.

Different again

Criminal charges

If you have been charged, that is criminal law. It is worth knowing that the same conduct can produce both: somebody can be charged over an assault and separately sued in trespass, and the two run independently with different standards of proof. If you are facing a charge, deal with that first and with your own criminal lawyer.

Being sent to the right place is free

None of that is a brush-off. Getting sent to the right place in the first conversation is the most useful thing a lot of enquiries get from us, and it is free. For domestic and family violence, DVConnect is available 24 hours. For everything else on that list, Legal Aid Queensland publishes free information across civil, family and criminal law.

Neighbour disputes, and which kind you have

Neighbour disputes are the most common civil matters we see, and the single most useful thing to work out early is which kind you have, because the answer decides which door you go through and they are not the same door.

Nuisance, trespass, boundariesA dispute about land

What it is aboutNoise, smell, water, trees, a fence in the wrong place, somebody using part of your land

Where it goesThis page. Some of it belongs in QCAT rather than a court, particularly trees and fences, and that is usually the cheaper route

What decides itWhether the interference is substantial and unreasonable, and a written record of when it happened and what it actually did to you

Threats and fearA dispute about conduct

What it is aboutThreats to assault you, threats to damage your property, or conduct that has made you afraid

Where it goesA peace and good behaviour complaint in a Magistrates Court, which is its own process and has its own page

What decides itWhether the threat is one the Act actually covers, and whether it is reasonable in the circumstances for you to be in fear

Plenty of disputes are both, and where they are, the order in which you do things matters. A great deal can also be resolved without either: trees and dividing fences have their own regime, and QCAT is materially cheaper and faster than a court for what it covers. Where the dispute is about threats or about conduct that has made you afraid, start with peace and good behaviour orders instead, which is a Magistrates Court process with its own grounds and its own defences.

Speak to our Experts: (07) 5370 8759 Start Fast-Track Assessment

When a dispute stops being worth it

There is a pattern in personal disputes that is worth naming, because almost nobody in one can see it from the inside.

Commercial parties usually stop when the numbers stop working. People in a personal dispute frequently do not, because the dispute is not really about the money: it is about being right, and about a neighbour or a former friend or a tradesman who has behaved badly and has not had to answer for it. That is an entirely legitimate thing to care about. It is also the reason the costs in these matters run past the amount in issue sooner than in any other kind of litigation.

We will tell you when the answer is no

So we will tell you what the realistic outcome is worth before you spend anything getting it, including when the honest answer is that a $9,000 dispute is not worth a $30,000 fight and that the satisfaction of winning it will not cover the difference. What is worth running, we run properly. Our commercial litigation page sets out the stages of a proceeding and what each one costs, and it applies equally here. The rules themselves are the Uniform Civil Procedure Rules, and Queensland Courts publishes the filing fees.

Why choose Odyssey Legal?

Imagine the relief of finally knowing your legal troubles are in expert hands. Whether it's recovering money owed through our Letter of Demand or pursuing your rights through legal proceedings, you'll leave our consultation with certainty about your path forward and the confidence that comes from having expert litigation lawyers protecting your interests.

Queensland Law Society

Australian Restructuring Insolvency and Turnaround Association

Sunshine Coast Business Council

Legal Practice Director

Damon Laffin

Master of Laws majoring in Commercial Litigation

Admitted to the Supreme Court of Queensland

Admitted to the High Court of Australia

11+Years of Queensland experience

$1M+Recovered for clients

What that means in practice

Focused Expertise. At Odyssey Legal, our expertise is focused solely on Litigation, Dispute Resolution and Business, giving our clients precise and practical solutions tailored to the situation.

Proven Track Record. We've successfully resolved countless disputes and helped safeguard countless businesses, efficiently and effectively.

Expert Experience. Our team brings over a decade of litigation experience, having handled a variety of complex disputes. This translates directly into strategic insights that only come from years in the trenches.

Peace of Mind. From the first consultation, we provide clarity, confidence, and a clear path forward, so you can focus on what matters most and leave the legal headache to us.

Fast-Track Assessment

Find out what you are actually dealing with

Civil and personal disputes are draining, and the most useful thing a first conversation does is tell you what kind of problem you have and who should be handling it.

Five questions, about a minute. It tells us what the dispute is about, what you actually want out of it, and whether it is a matter for us at all.

Start Fast-Track Assessment

(07) 5370 8759

If a court document has already been served on you, call rather than filling anything in. You generally have 28 days from service, and a default judgment can be entered without anybody proving the claim against you.

Frequently asked questions

What is civil litigation?

Civil litigation is the resolution of disputes between people, businesses or organisations where the remedy sought is a civil one rather than a criminal penalty. It covers property damage, negligence, nuisance, trespass, insurance, defamation and administrative reviews, among others.

The distinguishing feature is that the state is not prosecuting anybody. One party is asking a court to order another to do something, stop something, or pay for something.

What can I actually get out of a civil claim?

More than money, and the choice matters more than most people realise. Damages compensate you for a loss you can prove. An injunction orders somebody to stop. A declaration settles what the legal position is, which is often the practical answer in a boundary or interpretation dispute. Orders for recovery or possession get a specific thing back.

Deciding which one you are actually aiming at is the first conversation worth having, because the evidence you need, the urgency and the cost all follow from it.

Do you act in personal injury claims?

No. If you have been physically injured in a car accident, at work, in a public place or through medical treatment, that is personal injury and it is not our practice area. It runs under its own statutory schemes with notice requirements and limitation periods that are often much shorter than the general ones, so getting to the right firm quickly matters.

Our negligence work is professional negligence: claims against accountants, valuers, engineers, agents and other lawyers about advice or work that fell below standard. That is a different thing from an injury claim despite sharing the word.

How long do I have to commence civil proceedings?

The general limitation period for most civil claims in Queensland is six years from when the cause of action arose, but the exceptions matter more than the rule. Personal injury, defamation and administrative reviews all run much shorter, and an administrative review can be a matter of weeks from the date a decision is notified.

Treat six years as a reason to get advice rather than as a plan. If something has already happened that you might want to challenge, the safe assumption is that a clock is running.

My neighbour is the problem. Where does that go?

It depends on whether the dispute is about land or about conduct. Noise, trees, water, smells, fences and boundaries are nuisance and trespass questions, and some of them, particularly trees and dividing fences, belong in QCAT rather than a court, which is materially cheaper.

Threats to assault you or to damage your property, or conduct that has made you afraid, are a peace and good behaviour matter in a Magistrates Court, which has its own page. Plenty of disputes are both, and where they are, the order you do things in matters.

Should this be in QCAT rather than a court?

Often, and it is worth checking before anything else. QCAT deals with minor civil disputes, residential tenancy matters, tree and dividing fence disputes, and a range of reviews. It is designed to be used without a lawyer, the fees are much lower, and for the matters it covers it is usually both faster and cheaper.

Where a matter is within QCAT's jurisdiction, we will tell you so. The cases that belong in a court are generally the larger ones, the ones needing an urgent injunction, and the ones QCAT has no power to deal with.

Can civil disputes be settled out of court?

Most are. Negotiation, mediation and other forms of alternative dispute resolution resolve the large majority of civil matters, and courts actively encourage it, frequently ordering parties to mediate before a trial date is allocated.

In personal disputes this matters more than in commercial ones, because the parties often have to go on dealing with each other afterwards. A negotiated outcome that both sides can live with is usually worth more than a judgment one of them resents.

What is the process for starting a civil proceeding?

Usually a letter setting out the claim first, then a claim and statement of claim filed and served. The other side then has a limited time to respond, and the matter moves through pleadings, disclosure of documents, and usually mediation before any trial date.

Our commercial litigation page sets out those stages in detail with the rules that govern them, and the process is the same for a civil claim.

A claim has been served on me. What do I do?

Do not ignore it, and note the date on it. In Queensland you generally have 28 days from service to file a notice of intention to defend, and if you miss it the other side can enter default judgment without anybody proving the claim against you.

A default judgment is a judgment: it can be enforced, and setting one aside is a separate application you may not win. If a court document has been served on you, that is the one situation on this page where a phone call beats a form.

What is the disclosure process?

Each party has to give the other every document directly relevant to an allegation in issue, including documents that hurt their own case. It covers email, messages, photographs, invoices and file notes.

Two practical consequences. Preserve everything once a dispute is on the horizon, including material you would rather had not been created, because destroying it is far worse than producing it. And the breadth of disclosure is why the number of issues in dispute drives the cost of a case more than the amount claimed does.

What evidence actually decides these cases?

Contemporaneous records. Dates and times written down when things happened, photographs and video with metadata intact, messages and emails, council or police reference numbers, quotes and invoices, and in a professional negligence claim, expert evidence about what a competent practitioner would have done.

The strength of most civil cases is largely fixed before a lawyer is involved. Starting a dated record the moment a problem begins is the single most useful thing anybody in a developing dispute can do.

What happens if I lose a civil case?

Generally the unsuccessful party is ordered to pay a proportion of the successful party's costs in addition to their own, which is why the cost of losing is materially more than the cost of running the case.

Costs can also be affected by conduct during the proceeding and by offers to settle, which is one reason a reasonable offer made early is worth more than the same offer made late.

Can I represent myself in a civil case?

An individual generally can, and in QCAT the system is designed for it. A company usually cannot and needs legal representation in court proceedings.

Where self-representation goes wrong is rarely the hearing. It is the pleadings, the disclosure obligations and the timing of offers, which are the parts that decide the case and the parts where a mistake is hardest to undo later.

What does a civil dispute cost to run?

It is driven by the number of issues in dispute and the volume of documents rather than by the amount claimed. A tangled $80,000 dispute can cost more than a clean $400,000 one.

Odyssey Legal offers fixed-fee options where the scope allows and a free 15-minute initial consultation. We will tell you when a matter is not worth running, including when the honest answer is that the satisfaction of winning will not cover the difference.

How can Odyssey Legal assist with civil litigation?

We act in nuisance, trespass, professional negligence, fraud and deceit, property damage, disputes over goods, and administrative reviews, across Queensland.

The free 15-minute initial consultation is the fastest way to find out what you are actually dealing with. If it is personal injury, family law, domestic violence or a criminal charge, we will tell you that and point you somewhere useful rather than taking the matter.

Related information

Peace and good behaviour ordersWhere a neighbour dispute is about threats or conduct that has made you afraid, rather than about land Commercial litigationThe stages of a proceeding and what each costs, plus insurance disputes and disputes between businesses QCATMinor civil disputes, tree and dividing fence matters, tenancy and reviews. Cheaper and faster than a court for what it covers, and designed to be used without a lawyer Queensland CourtsWhich court hears what, filing fees and practice directions, from the courts themselves Uniform Civil Procedure Rules 1999 (Qld)The rules a Queensland civil proceeding runs on, including the 28 days to file a notice of intention to defend DefamationIts own practice area, with a mandatory concerns notice and a much shorter limitation period than an ordinary civil claim Building and construction disputesWhere the dispute is about building work, defects or a payment claim rather than about conduct or land DVConnectIf the other person is a partner, former partner or family member, this is a domestic violence matter and not a civil one. Available 24 hours Legal Aid QueenslandFree legal information across civil, family and criminal law, including the areas this page hands off