If you have searched online for help with a civil dispute, you may have seen both the terms ‘civil litigation attorney’ and ‘civil litigation lawyer’ used, sometimes on the same page. Despite the different wording, these terms describe the same type of legal professional. The main difference is where the terminology comes from.
Attorney is commonly used in the United States, while lawyer is the usual term in Australia. Queensland legislation defines an Australian lawyer as a person admitted to the legal profession under the Legal Profession Act 2007 (Qld) or a corresponding law. An Australian legal practitioner is an Australian lawyer who also holds a current practising certificate.
So if you are looking for help with a dispute on the Gold Coast, civil litigation lawyer is generally the more useful search term.
What does a civil litigation lawyer do?
Civil litigation involves legal disputes between individuals, businesses, organisations or other parties that are dealt with through civil rather than criminal processes. Depending on the dispute, a party may seek payment of money or another legal remedy.
Civil litigation lawyers can assist with disputes including:
- breaches of contract
- unpaid debts
- property and building disputes
- commercial disagreements, including between business owners
- negligence claims
- leasing disputes
The work is not limited to representing clients at trial. A lawyer may review contracts and other evidence, advise on the strengths and weaknesses of a case, correspond with the other party, negotiate a resolution and prepare court documents.
Different disputes call on different specialists. A property litigation lawyer may handle contract-of-sale, boundary and easement disputes, while a Gold Coast caveat lawyer may advise on disputes involving caveats lodged over property titles. Debt recovery lawyers pursue unpaid invoices and an insolvency lawyer deals with bankruptcy, statutory demands, winding-up applications and related disputes.
Estate lawyers may act in disputes involving deceased estates, including family provision claims and disputes over the validity or administration of wills.. QBM’s areas of practice cover each of these.
Is there a legal difference between an attorney and a lawyer in Australia?
In everyday Australian usage, you would engage a lawyer rather than an attorney to handle civil litigation. The Legal Profession Act distinguishes between an Australian lawyer and an Australian legal practitioner, and generally prohibits a person from engaging in legal practice in Queensland unless they are an Australian legal practitioner, subject to specified exceptions.
A sharper distinction exists closer to home. The Queensland Law Society explains that a person who has been admitted may use the term lawyer, while using the term solicitor requires both admission and a current practising certificate. That distinction matters more in Australia than whether a Gold Coast solicitor is described as an attorney or a lawyer.
Terminology at a glance
| United States | Queensland | What the person does |
| Attorney / attorney-at-law | Lawyer | Admitted to the legal profession |
| Litigation attorney | Litigation lawyer or solicitor | Runs civil disputes, from advice through to trial |
| Trial attorney | Litigation lawyer or barrister | Lawyer involved in courtroom advocacy and trials |
| Attorney (power of attorney) | Attorney | Appointed to make decisions for someone else |
Where attorney is the correct word in Queensland
Two Australian uses of attorney are genuine, and both arise in ordinary Gold Coast practice.
An attorney under an enduring power of attorney is someone appointed to make financial or personal decisions for another person, under the Powers of Attorney Act 1998 (Qld). That attorney is often a family member rather than a lawyer. Disputes or concerns about how an attorney has exercised that authority may involve QCAT or the Office of the Public Guardian and can also involve a wills and estates lawyer.
Patent attorneys and trade marks attorneys are a separately registered profession, regulated by the Trans-Tasman IP Attorneys Board through IP Australia. They are not required to be admitted lawyers.
How does civil litigation work in Queensland?
Other than QCAT and various specific courts and tribunals such as the Planning and Environment Court, civil litigation in the Queensland state court system is governed by legislation and procedural rules, including the Civil Proceedings Act 2011 (Qld) and the Uniform Civil Procedure Rules 1999 (Qld). Rule 5 of the UCPR directs the courts and the parties toward resolving the real issues at a minimum of expense.
Which court or tribunal hears your dispute
For debt disputes, the forum can depend on the amount claimed. Queensland Courts sets out these monetary jurisdictions.
| Amount in dispute | Court or tribunal |
| Up to $25,000 | Generally QCAT |
| Up to $150,000 | Magistrates Court |
| $150,001 to $750,000 | District Court |
| More than $750,000 or complex cases | Supreme Court |
The right forum can also depend on the nature of the dispute rather than its value alone.
Time limits that can affect your claim
Timing matters. Under the Limitation of Actions Act 1974 (Qld), many actions founded on simple contract or tort that do not involve personal injury are subject to a six-year limitation period running from when the cause of action arose. Different periods and rules apply to other claims. Working out when the cause of action arose can be quite complicated; for example, the limitation period for recovering a loan where there was no fixed date for repayment (an “on demand” loan) will usually start from when the loan was made, not when it was demanded.
It is always best to take legal advice early, particularly for personal injury matters where there are very short time periods and the potential loss of rights for delay. We do not act in personal injury matters.
Does hiring a civil litigation lawyer mean going to court?
Not necessarily. Lawyers for litigation can assist before proceedings start and throughout a dispute. Early advice can establish what rights and obligations each party has, and whether the disagreement might be resolved without a trial through correspondence, negotiation or another form of dispute resolution such as mediation. If the matter cannot be resolved, your lawyer can advise on commencing or defending proceedings and the steps that follow.
Finding a civil litigation lawyer on the Gold Coast
Whether you searched for civil litigation attorneys, civil litigation lawyer or litigation solicitor, what matters is finding a practitioner who can advise you under the laws that apply to your dispute. For Gold Coast individuals and businesses, that means a Gold Coast lawyer familiar with Queensland legislation, Queensland court procedures and the commercial, property, construction and debt disputes that arise locally.
Civil litigation attorneys and civil litigation lawyer may lead you to similar information online, but lawyer is the terminology commonly used in Australia, while a current practising certificate is required for an Australian lawyer to practise as an Australian legal practitioner, subject to limited statutory exceptions.
Facing a civil dispute on the Gold Coast? Our litigation team and commercial lawyers have been acting for local individuals and businesses for more than 40 years across contract disputes, building and construction claims, debt recovery, insolvency and estate litigation. Contact our team today to arrange a consultation and understand where you stand.
Frequently Asked Questions
A civil litigation lawyer assists people and businesses with non-criminal legal disputes. The work can include providing advice, negotiating with other parties, preparing legal documents and representing clients in court proceedings.
Attorney is predominantly American terminology when referring to a legal practitioner. In Queensland, ‘lawyer’ and ‘solicitor’ are the more commonly used terms. An Australian legal practitioner is an Australian lawyer who holds a current practising certificate.
Potentially. Depending on the circumstances, lawyers may seek to resolve disputes through negotiation or other dispute resolution processes before or during court proceedings.
It depends on the nature and value of the claim. For Queensland money disputes, matters up to $150,000 can be heard in the Magistrates Court, those between $150,001 and $750,000 in the District Court, and those above $750,000 or complex cases in the Supreme Court. Some disputes up to $25,000 are generally dealt with by QCAT.
As soon as a significant dispute develops, particularly because statutory limitation periods may apply. Early advice can help you understand your rights, possible remedies and the options for resolving the dispute.
