Don't Stick Your Head in The Sand
Commercial disputes rarely arise at a convenient time. Whether you are pursuing money owed under a contract, defending a Supreme Court claim, dealing with a partnership dispute, shareholder conflict, business fraud, misleading conduct, or enforcing your legal rights, the quality of your legal representation can significantly influence the outcome.
Dane Thornburgh, is a Commercial Litigation Solicitor Advocate and previous practising Barrister with extensive experience acting for businesses, company directors, professionals and private clients throughout Queensland. Dane provides strategic legal advice and courtroom representation in complex commercial disputes, with a focus on achieving commercially sensible outcomes while remaining prepared to litigate decisively when necessary.
Don’t Ignore Court Documents
If you have been served with Court documents, Do not ignore them. Strict legal deadlines apply for filing a Defence or responding to a claim. If you fail to respond within the required time, the other party may obtain default judgment against you without your side of the dispute ever being heard.
A default judgment can result in enforcement action, including seizure of assets, garnishee orders, bankruptcy proceedings against individuals, or winding up proceedings against companies.
Seek legal advice immediately. Early action can preserve your legal rights and significantly improve your options for defending or resolving the dispute.
What We Can Help With
Experienced Courtroom Representation
Commercial litigation demands an advocate who is comfortable both inside and outside the courtroom.
For over 23 years, Dane has specialised in commercial litigation with a proven track record representing clients in contract disputes, shareholder disputes, body corporate matters, and property & building disputes.
Over the years, Dane has represented prominent clients including Facebook, Samsung, KFC, The Star, SpaceX, and numerous leading international organisations and law firms worldwide.
Having appeared in courts and tribunals throughout Queensland, NSW, Victoria, the Pacific, as well as previous admissions in in Dubai & Vanautu as both a Barrister and a solicitor, Dane understands that every procedural step influences the ultimate outcome. Effective litigation involves identifying pressure points early, preserving evidence, managing experts where required and presenting a persuasive case before the Court.
Where settlement is possible, Dane will negotiate firmly from a position supported by thorough preparation. Where settlement is not appropriate, Dane will prosecute or defend proceedings with determination and careful attention to detail.
Finally a lawyer you will swear by, not at!!
Clients often seek my assistance because they want more than legal advice—they want a solicitor who understands litigation strategy.
My approach combines:
- Commercially practical advice
- Strong negotiation skills
- Thorough case preparation
- Clear communication
- Strategic litigation planning
- Court advocacy experience
- Focus on achieving cost-effective outcomes wherever possible
Every commercial dispute is different, but each deserves careful analysis and a litigation strategy tailored to the client’s objectives.
Do Not Ignore Court Documents
If you have been served with Court documents, do not ignore them. Strict legal deadlines apply for filing a Defence or responding to a claim. If you fail to respond within the required time, the other party may obtain default judgment against you without your side of the dispute ever being heard.
A default judgment can result in enforcement action, including seizure of assets, garnishee orders, bankruptcy proceedings against individuals, or winding up proceedings against companies.
Seek legal advice immediately. Early action can preserve your legal rights and significantly improve your options for defending or resolving the dispute.
Frequently Asked Questions
What is commercial litigation?
Commercial litigation is the legal process used to resolve disputes between businesses, companies, individuals and organisations. It commonly involves breaches of contract, shareholder disputes, partnership disagreements, debt recovery, misleading conduct, business fraud and other commercial disputes.
When should I contact a commercial litigation lawyer?
You should seek legal advice as soon as a dispute arises. Early advice often prevents disputes escalating, preserves evidence, protects contractual rights and can significantly improve your negotiating position.
Do all commercial disputes end up in Court?
No. Many commercial disputes are resolved through negotiation, mediation or settlement before trial. However, effective settlements are usually achieved because both parties know their lawyer is fully prepared to proceed to Court if necessary.
What types of commercial disputes do you handle?
We regularly advise clients in relation to:
- Breach of Contract
- Business disputes
- Commercial debt recovery
- Partnership disputes
- Shareholder disputes
- Director disputes
- Business fraud
- Misleading and deceptive conduct
- Australian Consumer Law claims
- Professional negligence
- Injunction applications
- Enforcement of judgments
What happens during the first consultation?
During your initial consultation we will:
- Review the relevant documents.
- Explain your legal rights.
- Assess the strengths and weaknesses of your case.
- Discuss possible outcomes.
- Recommend the most effective litigation strategy.
You will leave with a clear understanding of your legal position and the next steps.
How much does commercial litigation cost?
The cost depends on the complexity of the dispute, the amount in issue, the volume of evidence and whether the matter settles or proceeds to trial.
Following your initial consultation we will discuss likely costs, available funding options and practical strategies for managing legal expenses.
Can legal costs be recovered from the other party?
As a general rule, costs usually follow the event, meaning the unsuccessful party may be ordered to pay a contribution towards the successful party’s legal costs. However, the award of costs always remains at the discretion of the Court, which will consider the circumstances of each case when deciding whether to make a costs order and the extent of any costs payable.
What if I have already been served with Court documents?
Do not ignore Court documents.
Strict deadlines apply for filing a Defence or responding to Court proceedings. Missing these deadlines can result in judgment being entered against you.
Seek legal advice immediately.
Can you help if my business is owed money?
Yes.
We regularly act for businesses seeking to recover unpaid debts, enforce contracts and pursue legal proceedings where necessary. We also advise on the most commercially effective recovery strategy before commencing litigation.
What is a breach of contract?
A breach of contract occurs when one party fails to perform their obligations under a legally binding agreement.
Examples include:
- Non-payment
- Failure to deliver goods
- Failure to provide services
- Failure to complete works
- Wrongful termination
- Failure to meet contractual timeframes
What Court will hear my commercial dispute?
Depending on the value and nature of the dispute, proceedings may be commenced in:
- Queensland Magistrates Court
- District Court of Queensland
- Supreme Court of Queensland
- Federal Court of Australia
- QCAT
How long does commercial litigation take?
Every dispute is different.
Some matters settle within weeks, while larger commercial disputes may take many months or longer if they proceed to trial.
Our focus is always on achieving the earliest commercially sensible resolution.
Can commercial disputes be settled without going to Court?
Yes.
Many disputes resolve through:
- Direct negotiations
- Solicitor correspondence
- Without prejudice conferences
- Mediation
- Alternative dispute resolution
Litigation should always be strategically prepared, even where settlement is the objective.
What documents should I bring to my first meeting?
Bring any documents relevant to the dispute, including:
- Contracts
- Emails
- Letters
- Text messages
- Invoices
- Quotes
- Statements
- Photographs
- Court documents
- Notes of conversations
The more information available, the more accurate our advice will be.
Finally a lawyer you will swear by, not at!!
CONTACT
Phone Number
0404 100 434
dane@danethornburgh.com.au
Gold Coast
Level 1 – Building 3 – Suite 30102/9 Lawson Street Southport Queensland 4218
Brisbane – By Appointment
39 Castlebar Street Kangaroo Point Brisbane QLD 4169