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Enterprise Legal
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Equitable Claims

EQUITABLE CLAIMS LAWYERS

Commercially Focused Solutions for Complex Legal Disputes

Legal documents and consulting for property, business, civil disputes & construction law in Queensland.

Not every legal wrong fits neatly into contract or statutory law. In many cases, people or businesses experience harm due to conduct that is unfair, misleading, or a breach of trust, even when no formal agreement exists. These types of situations often give rise to what are known as equitable claims.

At Enterprise Legal, we act for clients across Australia in pursuing or defending equitable claims in commercial and personal contexts. We take a strategic, outcome-focused approach to disputes involving unconscionable conduct, breaches of fiduciary duty, estoppel, and constructive trusts, helping you resolve high-stakes matters efficiently and with clarity.

These disputes often arise in the context of family business fallouts, property dealings, joint ventures, or trust relationships, where one party holds power, trust or influence over another. We have the experience to help you assert your rights or defend claims in these complex scenarios.

Types of Equitable Claims We Handle

Equitable claims arise when one party has acted unfairly or unjustly, often in breach of a relationship of trust or confidence. We regularly assist clients with disputes involving:

  • Breach of fiduciary duty, such as where a director, trustee, or advisor has failed to act in your best interests
  • Unconscionable conduct, where one party has taken advantage of another’s vulnerability or special disadvantage
  • Estoppel, where someone has relied on a promise or representation and suffered detriment as a result
  • Constructive trusts, often arising in property or asset disputes between co-owners or family members
  • Misuse of confidential information or trade secrets in employment or business settings
  • Relief against forfeiture or other non-contractual remedies where fairness demands it

We work with individuals, beneficiaries, business partners and trustees in both pursuing and defending equitable claims in state and federal courts.

A Tailored, Strategic Approach

Equitable claims often require more than just proving a legal right, they require demonstrating fairness, trust and conscience. These claims are highly discretionary, which is why it’s critical to have an experienced legal team who can structure your case to reflect those broader principles.

At Enterprise Legal, we take the time to understand the relationships, history and commercial realities behind the dispute. We prepare persuasive arguments that focus not only on the law, but on what is fair and just. Where possible, we resolve these matters outside of court through negotiation or mediation, but when needed, we are well equipped to litigate.

GOT A QUESTION?

Equitable Claim FAQs

Involved in a dispute involving trust, fairness or misuse of position?

Book a consultation with our experienced equitable claims lawyers today and get clear advice on your rights and remedies.

Professional law firm consultation in Toowoomba, Queensland, specialising in property law.
What is an equitable claim?
An equitable claim is a legal claim based on fairness and conscience, rather than strict legal rights under a contract or statute. These claims often involve breaches of trust, unfair advantage, or unjust enrichment.
How is unconscionable conduct different from misleading conduct?
Unconscionable conduct involves one party taking advantage of another's weakness or vulnerability, often in a relationship of trust. It’s broader than misleading conduct, which usually relates to false statements.
Can I make an equitable claim if there’s no written contract?
Yes. Equitable remedies often arise where there is no formal agreement, but where parties have acted in reliance on promises, shared understanding, or close personal or business relationships.
What is a constructive trust?
A constructive trust may be imposed by a court when someone holds property on behalf of another, even if there’s no formal trust. It’s often used to resolve disputes involving family property, inheritances, or joint contributions.
Do courts always grant equitable remedies?
No. Equitable remedies are discretionary; the court considers fairness, conduct of the parties, and practical outcomes. That’s why a well-prepared case that addresses both law and equity is so important.