Commercial Litigation and Dispute Resolution

Our firm has many years experience acting for both sides in commercial litigation matters. We have long-standing associations with many businesses on the Fraser Coast and in Brisbane for whom we have acted for over many years. Our clients continue to benefit from the quality litigation services we provide at competitive rates.

Building and construction disputes

Carswell & Company provides debt collection legal services for a range of companies, particularly in the construction and property industries. We have successfully recovered up to multi-million dollar debts in these types of matters.

One of the most important remedies available to builders and contractors are Subcontractors Charges under the Building Construction Industry Payment Act. This allows subcontractors to recoup monies from principals and employers "up the chain" if a superior contractor fails to pay them or becomes insolvent. The advantage of a Charge is that it privileges a subcontractor as a secured creditor giving them priority over claims of unsecured creditors. It also allows them to seek immediate judgment against the non-paying party.

We can advise on:

  • Construction advice and contract preparation
  • The Building Construction Industry Payment Act including preparation of referral applications;
  • The Subcontractors Charges Act – advice, drafting and lodgement of claims
  • Personal guarantees and secured debts such as Mortgages; and assist in
  • Collection of monies owing for construction work, outstanding rent, commission payments and general debts.
  • Assisting in disputes with the Building Services Authority for licensing, insurance and work rectification issues

Insolvency disputes

Carswell & Company has significant experience in assisting directors of companies with corporate insolvency and litigation matters. We can assist directors and shareholders with the preparation of informal agreements and plans for restructuring, as well as through the external administration process.

Our years of experience in acting for corporate clients in all aspects of their businesses gives our team the business efficacy and problem solving skills to apply to our clients' commercial litigation matters.

We can assist with:

  • Preparation of corporate restructuring arrangements
  • External administration procedures
  • Liaison with ASIC during reviews, investigation or prosecution
  • General corporate advice regarding directors’ and shareholders’ rights and obligations