What is Civil Litigation?
Civil litigation is the process of dispute resolution between members of a community through the court system. Civil law grants to individuals the right to sue for compensation or for specific action in matters such as breach of contract, defamation and negligence.
When can I sue someone?
If you feel that you've been wronged but it's not a criminal matter to be dealt with by the Police then you may be able to commence a lawsuit against someone. The kinds of disputes that are dealt with under civil law include disputes between:
-
Neighbours
-
Customers and suppliers
-
Business partners
-
Landlords and tenants
-
Buyers and sellers of property
-
Home owners and builders
-
Employees and employers
-
Executors or beneficiaries in deceased estates
-
Owners of copyrights and patents
-
Creditors and debtors
-
Accident victims
Different kinds of legal cases have different time limitations imposed so it's important that you seek legal advice quickly to find out if you can/should commence legal proceedings.
How to commence legal proceedings – the civil litigation process
Prior to court/tribunal proceedings being commenced, the first course of action is always to try and resolve the dispute, saving both time and money. There are a number of alternative dispute resolution methods which can be used to negotiate settlement before commencing proceedings and a lawyer can assist with this process.
Good objective legal advice will assist you to decide when to litigate and when to walk away, to assess the strengths and weaknesses of your claim, to estimate what litigating will cost you if you win or if you lose.
Once legal proceedings are commenced they progress through a number of steps which vary depending on the court/tribunal in which they are issued, the amount of the claim, the type of claim and any number of other factors. Such steps can include pleadings (where the dispute is described by the plaintiff and defended by the defendant), discovery (disclosure of documents by both sides), hearing (where the judge will hear the testimony of witnesses and make a ruling in the dispute), settlement and appeal. Almost invariably there will be some form of court ordered mediation/settlement conference prior to a final hearing.
The particular court/tribunal forms which need to be completed to commence proceedings vary according to the type of dispute and the State in which they are commenced so its best to seek legal advice in regard to this.
How we can help
Doug is an experienced civil litigation lawyer having dealt with a wide range of court/tribunal matters including:
-
Commercial litigation
-
Business litigation
-
Employment litigation
-
Unfair dismissal
-
Family law disputes
-
Estate (Will) disputes
-
Debt recovery
-
Building and property disputes
-
Dividing fence disputes
-
Breach of contract
-
Negligence
Contact us to find out how we can help you.
