Property Dispute Lawyers Brisbane
Property disputes are rarely just about property. They are about money, control, and who owns what. Every day without a clear legal strategy is a day the other side uses to their advantage.
High-value property disputes move fast. Titles are transferred, proceeds dissipated, and limitation periods run. A caveat lodged today can prevent a sale tomorrow. An injunction obtained this week can preserve an asset that would otherwise be gone.
Boyle Litigation acts for property owners, investors, developers, and commercial parties in property disputes across Queensland and nationally. We are a specialist commercial litigation firm. We do not handle conveyancing, leasing administration, or general property advice. We resolve property disputes, and we do it at every level of the Queensland court and tribunal hierarchy.
Property disputes require command of title law, equity, and procedural strategy in equal measure. When real money or real property is at stake, that expertise is what separates a resolved dispute from a protracted and costly one.
Who We Act For
We act for clients where the stakes are real:
- Commercial property owners and investors protecting significant assets
- Developers facing disputes over sales, defaults, site acquisitions, or development rights
- Buyers and sellers in dispute over contracts, representations, or settlement failures
- Landlords enforcing lease obligations or seeking to recover possession
- Tenants facing wrongful termination, disputed obligations, or unlawful lockout
- Co-owners in dispute over jointly held property
- Parties asserting or defending equitable interests in property not reflected in the registered title
- High net worth individuals and family interests in title, fraud, or property structure matters
- Insolvency practitioners managing property assets in distressed situations
Property Disputes We Handle
Our property disputes practice covers the full range of commercial and real property litigation. The sections below describe each area. Where a matter warrants deeper treatment, a dedicated page is available.
Commercial Lease Disputes
When a lease goes wrong, the financial consequences for both landlord and tenant are immediate. Re-entry, lockout, unpaid rent, make-good disputes, lease termination and retail shop lease proceedings in QCAT all require precise legal analysis and, often, fast action.
We act for both landlords and tenants across commercial and retail leases. We advise on the right forum, the procedural steps that must be followed, and the remedies available on either side of the dispute.
Commercial Lease Disputes
Dedicated sub-page available
Commercial Lease Disputes
Dedicated sub-page available Full coverage of lease enforcement, re-entry and lockout, rent disputes, retail shop leases under the RSL Act, make-good obligations, lease termination, option and renewal disputes, and lease disputes arising in insolvency. Includes QCAT procedure and forum selection guidance.
Property Co-Ownership Disputes
Co-ownership disputes arise between former partners, siblings who have inherited jointly, investors who have fallen out, and business associates whose arrangements were never properly documented. No co-owner can be held in a property relationship indefinitely. The law provides remedies, including the ability to force a sale over the objection of an uncooperative co-owner.
We advise on partition, statutory trustee for sale applications, buyouts, and the equitable claims that frequently arise alongside co-ownership disputes.
Property Co-Ownership Disputes
Dedicated sub-page available
Property Co-Ownership Disputes
Dedicated sub-page available Full coverage of joint tenancy and tenancy in common disputes, partition applications, statutory trustee for sale under the Property Law Act 1974 (Qld), forced sale orders, buyout mechanisms, contribution and occupation accounting, and equitable interests arising from unequal contributions.
Equitable Interest Claims
The registered owner of a property is not always the person entitled to it. Where property is purchased with another’s money, promised to a person who acts in reliance on that promise, or obtained through unconscionable conduct, equity recognises interests that the strict legal title does not reflect. Those interests are enforceable and can be worth significant sums.
We act in constructive trust claims, resulting trust claims, proprietary estoppel disputes, and related equitable claims over property and assets.
Equitable Interest Claims
Dedicated sub-page available
Equitable Interest Claims
Dedicated sub-page available Full coverage of constructive trusts, resulting trusts, proprietary estoppel, equitable liens, and unjust enrichment claims over property. Includes evidence strategy, caveat lodgement, urgent injunctions to preserve property, and the comparison between the key equitable doctrines.
Title Disputes and Property Fraud
Title disputes are high-stakes. A caveat lodged without proper authority can freeze a sale and expose the caveator to a compensation claim. Fraud in a property transaction can strip a registered owner of title entirely. Encroachments and boundary disputes have real consequences for development potential and property value.
We act decisively in:c
- Caveat lodgement and removal proceedings in the Supreme Court of Queensland
- Encroachment and boundary disputes, including claims affecting development rights
- Easement and right of way disputes
- Fraud and forgery affecting registered title, including transactions void for fraud
- Mortgagee enforcement and challenges by mortgagors
- Resulting and constructive trust claims that affect registered title
Where urgency demands it, we obtain injunctions to prevent dealings with land, including preventing settlement, transfer or mortgage registration, on short notice.
Sale and Purchase Disputes
Property contracts are complex documents with immediate financial consequences when they fail. Disputes between buyers and sellers frequently arise at the worst possible moment: when a default notice is running, when settlement is imminent, or when a purchaser discovers a problem after contracts have exchanged.
We advise buyers and sellers in:
- Vendor defaults and purchaser termination rights
- Purchaser defaults: deposit forfeiture, re-sale damages, and mitigation obligations
- Misrepresentation and misleading conduct in property transactions under the Australian Consumer Law
- Fraudulent non-disclosure of defects, encumbrances, or material facts
- Off-the-plan disputes: sunset clause rescissions, variations, and non-settlement claims
- Disputes over standard and special conditions, including finance and due diligence clauses
- Agent negligence and breach of duty in the sale process
We advise quickly. If you are in a default notice period, contact us before it expires.
Option Agreement Disputes
Option agreements over land are commercially significant documents with strict exercise requirements. Disputes arise over whether an option has been validly exercised, whether the conditions to exercise have been satisfied, whether the grantor has waived a defect in exercise, and what the consequences of an invalid exercise are.
We advise on the validity of option exercises, the enforceability of option agreements, and the remedies available where an option is wrongfully refused or improperly resisted. Where the property is at risk of being sold in breach of an option, we move to protect the optionee’s position by caveat or injunction.
Planning and Environment Disputes
Planning and environment disputes intersect with significant property and development interests. We advise on the litigation dimensions of planning matters, including appeals against planning decisions, disputes over development approvals and conditions, and compensation claims arising from the exercise of statutory powers affecting land.
We focus on the dispute and litigation aspects of these matters. We work alongside planning consultants and barristers where the technical complexity of a matter requires it.
Compulsory Acquisition and Compensation
Where government or statutory authorities acquire land compulsorily, landowners have rights to compensation that go beyond the basic market value of the land taken. Disputed compensation claims, disputes over the area or interests taken, and claims for consequential losses all require specialist legal advice.
We act for landowners and affected parties in compulsory acquisition compensation disputes and in challenges to the exercise of acquisition powers where the procedural requirements have not been met.
Body Corporate Disputes
Body corporate disputes affect the value, control, and enjoyment of property within community title schemes. Levy recovery, governance deadlocks, by-law enforcement, caretaker conflicts, and disputes over the 2024 amendments to the Body Corporate and Community Management Act 1997 (Qld) all generate legal disputes that require specialist advice.
We act for lot owners, investors, and bodies corporate at every level of the Queensland dispute resolution framework, from the Commissioner’s Office through to QCAT and the Supreme Court.
Body Corporate Disputes
Full coverage of levy recovery, committee and governance disputes, by-law enforcement, caretaker and manager disputes, short-term letting conflicts, and the 2024 BCCM Act amendments. Includes the Queensland tiered dispute resolution framework.
How We Work
Every property dispute has a pressure point: the moment where leverage shifts and the outcome becomes clearer. We identify it early. Then we move.
Rapid assessment
We assess the dispute, the contract or title position, the evidence available, and your realistic options. We tell you what you have and what you do not. No hedging.
Strategic plan
We identify the optimal pathway, whether that is negotiation, urgent court orders, QCAT proceedings, or full litigation, and explain the costs and risks of each before you commit.
Decisive action
We move fast when urgency demands it. Caveat lodgement, injunctions, interlocutory orders, and statements of claim are prepared in days, not weeks.
Resolution or judgment
We negotiate from a position of strength. If the other side will not move, we litigate to a result.
Urgent Property Matters
Some property disputes cannot wait. If you need immediate action, we can:
- Lodge or remove a caveat on the same day if necessary
- Obtain interlocutory injunctions preventing a dealing, transfer or settlement
- Seek urgent reinstatement of possession following an unlawful lockout
- Apply for freezing orders where proceeds of sale or assets are at risk of dissipation
- Respond to urgent QCAT applications within tight timeframes
- Advise on and exercise rights under a default notice before the period expires
We advise quickly – ideally before a default notice expires. If you are facing a settlement dispute, call us now.
Frequently Asked Questions
What types of property disputes does Boyle Litigation handle?
We handle the full range of commercial and real property disputes, including title disputes, caveat proceedings, sale and purchase disputes, option agreement disputes, property fraud claims, compulsory acquisition compensation, body corporate disputes, planning and environment litigation, commercial and retail lease disputes, co-ownership and partition disputes, and equitable interest claims including constructive trusts, resulting trusts and proprietary estoppel. We do not handle residential conveyancing, leasing administration, or general property advisory work.
Can I lodge a caveat to protect my interest in a property?
Yes, if you have a caveatable interest. A caveatable interest includes interests arising under a contract of sale, an equitable mortgage, a trust over land, a beneficial interest arising from contribution to the purchase price, or a proprietary estoppel. Lodging a caveat without a proper legal basis exposes the caveator to a compensation claim, so it is essential to obtain advice before lodging. We assess the caveatable interest, advise on the correct statutory ground, and lodge promptly when the interest is established.
My landlord has locked me out of my commercial premises. What are my rights?
An unlawful lockout by a commercial landlord is a serious breach with significant consequences. A commercial landlord must generally follow a specific process before exercising a right of re-entry, including serving a breach and remedy notice and allowing the required cure period. A tenant who has been unlawfully excluded may be entitled to urgent reinstatement of possession, and may have a damages claim for business losses suffered during the exclusion. Contact us immediately: delay in these situations compounds the loss. For detailed information on commercial and retail lease disputes, see our dedicated commercial lease disputes page.
Can I force the sale of a property I jointly own if my co-owner refuses to cooperate?
Yes. Under the Property Law Act 1974 (Qld), a co-owner can apply to the Supreme Court for an order for the appointment of a statutory trustee for sale, or for a partition or sale order. The court has a broad discretion to make these orders and does not require proof of fault or wrongdoing by the other co-owner. A co-owner who simply refuses to engage can be the subject of a successful application. For full coverage of the remedies available and how co-ownership disputes are resolved, see our dedicated property co-ownership disputes page.
I contributed to property that is in someone else's name. Do I have a claim?
Possibly, and it may be a significant one. Where property is acquired with contributions from a person who is not recorded on title, equity may recognise a beneficial interest through a constructive or resulting trust. The strength of the claim depends on the nature and extent of the contributions, what was said or agreed between the parties, and what other evidence is available. These are fact-intensive claims that require early analysis and careful evidence gathering. A caveat can protect the interest while the claim is pursued. For detailed information, see our dedicated equitable interest claims page.
What happens if a buyer defaults under a property contract?
Where a buyer defaults, the seller’s options depend on the terms of the contract and the nature of the default. In most cases, the seller must serve a notice to remedy before exercising a right to terminate. If the buyer fails to remedy within the notice period, the seller may be entitled to terminate, forfeit the deposit, and re-sell the property. The seller may also have a claim for any shortfall on re-sale and for other losses flowing from the breach. Taking legal advice before serving notices is important: a defective notice can invalidate the termination and expose the seller to a counterclaim.
How quickly can I get an injunction over a property dispute?
An urgent injunction can be obtained from the Supreme Court of Queensland within 24 to 48 hours in serious cases. The court has the power to grant interlocutory injunctions preventing dealings with property on very short notice where ongoing or threatened harm is being suffered. The applicant must demonstrate a serious question to be tried, that the balance of convenience favours the injunction, and that damages would not be an adequate remedy. We prepare these applications efficiently and move as fast as the situation requires.
Does Boyle Litigation act in property disputes outside Queensland?
Yes. Boyle Litigation is based in Brisbane and acts for clients nationally. Property law is primarily state-based, so the applicable legislation depends on where the property is located. We act in property disputes in Queensland courts and can advise on matters in other Australian jurisdictions, working with local counsel where the specific statutory framework requires it.
Your dispute. Our battle.
Confidential advice. Decisive action. Direct access from day one.