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Civil Litigation

We are experienced and accredited specialists in commercial litigation and have proven experience across a wide range of civil suits in NSW

What is Civil Litigation?

Civil litigation is the process of dispute resolution between businesses or individuals through the court system. Civil law grants to individuals and businesses 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, 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, directors or shareholders
• Landlords and tenants
• Buyers and sellers of property
• Home owners and builders
• Employees and employers
• Executors or beneficiaries in deceased estates
• Owners of copyright and intellectual property
• Creditors and debtors
• People who have been defamed
• Investors or joint venture agreements
• Your former accountant, solicitor or financial planner

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 commence legal proceedings.

How to file a law Court Proceedings – the civil litigation process

Prior to court proceedings being commenced, the first course of action is always to seek a resolution to the dispute, saving both time and money.

There are a number of alternative dispute resolution methods which can be used including round table negotiation, conflict mediation, conciliation, and arbitration.

We can assist with this process.Sometimes a settlement is not capable of being achieved at an early stage and if that occurs, Court proceedings are then filed.

Usually once the other side file a defence, you are then able to review what the real issues in the dispute are.

The next step is for the evidence to be served from both sides. There is then an opportunity to consider what documents could be obtained that may help to support your claim, or to cast doubt on the defence of the other side.

Once this has been concluded the Court will order the parties to attend a mediation.Most cases will resolve at that stage.

If all attempts to settle the dispute fail, then the dispute will be taken to trial for a hearing before a Judge.

Trial proceedings can be anything from one day to many days or even weeks.Your barrister will conduct the trial with the assistance of your solicitor and in matters where the claim warrants it, you may have a second barrister, being Senior Counsel, sometimes known as Queens Counsel.

At the trial, the Judge will hear the testimony of witnesses and each witness will be cross examined. Documents will be tendered and submissions made by both sides. The Judge will make a ruling in the dispute, settlement and appeal.

The particular court forms which need to be completed to commence a civil claim vary according to the type of dispute and your State so its best to seek legal advice in regard to this.

It is not a good idea to file your own statement of claim without a lawyer reviewing it first. Even if you want to conduct the case yourself, get it set up correctly at the start, or you face the risk of costs orders being made against you if you later have to amend your court documents.

How we can help?

We are experienced and accredited specialists in commercial litigation and have proven experience across a wide range of civil suits in NSW including:-

• Contract disputes
• Business disputes
• Defamation
• Compulsory acquisition
• Employment litigation
• Neglience claims against solicitors, accountants or financial planners
• Loan disputes
• Easements for developers or defending easement claims
• Debt recovery
• Building and property disputes
• Dividing fence disputes

Contact us for more specific advice from an accredited specialist litigation lawyer in Sydney about how we can assist you.

We are here to help

If you have a question get in touch with our team.

Sydney Office

Level 13
111 Elizabeth Street,
Sydney, N.S.W 2000
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Brookvale Office

Suite 203
117 Old Pittwater Rd,
Brookvale, N.S.W 2100
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