CIVIL DISPUTE AND LITIGATION

What is Civil Litigation?

Civil litigation is the process of private parties resolving a dispute, where the plaintiff may be rewarded with a remedy or relief to recognise the loss or damage that the plaintiff suffered as a result of the defendants wrongful actions. The plaintiff is the person who lodges a civil claim against another person(s), whilst the defendant is the person(s) who the claim was lodged against

How does this work?
If you feel that you’ve been wronged but the nature of the matter is non-criminal, which often requires the involvement of the Police, then you may be able to commence a civil action against the wrongdoer. The types 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 legal matters have different time limitations. It is important that you seek legal advice as early as possible. This will prevent you from losing the opportunity to seek compensation from the wrongdoer.

What does the civil litigation process involve？
Prior to the commencement of court proceedings, it is paramount that the wrongdoer is offered an opportunity to settle the dispute without going to court.

If attempts to privately settle the dispute fail, we could attempt round table negotiation, conflict mediation, conciliation, and arbitration. If all attempts to settle the dispute fail, then the dispute will be taken to trial.

Trial proceedings involve the stages of commencing proceedings, pleadings, further and better particulars, discovery, trial (where the judge will hear the testimony of witnesses and make a ruling in the dispute), settlement and appeal at the option of the losing party.

The court forms that are required to commence a civil suit vary according to the dispute type and the originating State. It is recommended to seek legal advice in regard to this.

Defending a Civil Claim Against You

Once the defendant is served with the Writ or Originating Motion, they must file a Notice of appearance within 10 days and serve a sealed copy to the Plaintiff. Extensions on the timeframe may occur if the Writ was served interstate or outside of Australia. The defendant must then file a defence within 30 days of filing the Notice of appearance and served on the Plaintiff.

If a defence is not filed within 30 days of filing the notice of appearance, the plaintiff may request the court to enter into a default judgement or apply for summary judgement against the defendant.

Choose Q&L Lawyers - Your Fierce Advocates in Litigation

At Q&L Lawyers, we are dedicated to delivering exceptional litigation services backed by years of proven experience. With a team of expert lawyers skilled in navigating complex legal disputes, we provide robust representation to individuals and businesses alike.

Our practice encompasses a wide array of litigation matters, including commercial disputes, contract issues, property claims, and more. We understand that every case is unique, and we tailor our strategies to achieve the best possible outcomes for our clients.

Our commitment to excellence means we prepare meticulously for every case, whether through negotiation or trial. We pride ourselves on our ability to communicate effectively, advocate fiercely, and achieve results that matter.

When you choose Q&L Lawyers, you gain a partner who will stand by your side and fight tirelessly for your rights. Contact us today for a consultation, and let us help you navigate the litigation process with confidence and determination.