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Litigation

Our Firm’s Practice Areas in Litigation Include:

Litigation Lawyers – Melbourne

Our litigation lawyers have considerable experience in resolving disputes for our clients, which we seek to do in the most efficient manner possible.

Our team of commercial litigation lawyers seek to successfully resolve disputes, if possible, before they become litigious. We do so through implementing dispute management strategies such as Alternative Dispute Resolution (ADR) and private negotiation.

These strategies are aimed at best achieving your objectives by compensating you for your loss whilst considering the commercial reality of your claim.

Where litigation is unavoidable, our team has the skillset to represent you in Court to prosecute your claim with vigour.

For most clients, reaching a result that you can live with is more practical and sensible than prolonging a dispute. For some disputes, court-based litigation is unavoidable.

Various Court processes will afford you with opportunities to mediate your dispute. Having a dispute resolution lawyer that is experienced in reaching agreements via negotiation is important. ADR such as mediation and conciliation can reduce the length and cost of disputes.

There are a variety of other strategic dispute resolution methods, such as “calderbank” offers and “offers of compromise”, that can be used to motivate the other party to settle.

If your matter proceeds to trial, our litigation lawyers are experienced in presenting well organised cases with the appropriate resources.

We have access to several barristers, who are selected based on their experience, to provide their expertise.

Other disputes may require expert reports to assist your claims. We ensure that there is careful consideration and case management, so your matter is presented in the best possible light.

Our dispute resolution and litigation experience includes the following:

  • commercial agreements;
  • commercial leasing;
  • building agreements;
  • franchising;
  • property;
  • debt recovery;
  • insolvency;
  • company matters;
  • shareholder agreements;
  • employment agreements;
  • family law; and
  • estates (including estate claims).

Our lawyers are experienced in representing and defending clients in all manner of commercial and individual disputes.

We offer clear advice and work to ensure that you are well represented and understand the process and your legal options.

Litigation and dispute resolution is a complex and strict area of law. The court process can be unforgiving.

Whether you have been served with documents or are considering asserting your rights, we can provide expert advice.

We act in a variety of courts and tribunals such as:

  • Magistrates Court;
  • Supreme Court of Victoria;
  • County Court of Victoria;
  • Federal Court;
  • Federal Circuit Court; and
  • VCAT.

To discuss your dispute, contact us today on 1300 907 335 or complete the enquiry form on this page.

FAQs

Civil Litigation – how does it work?

Civil litigation is a careful dance in which each side seeks to uncover weaknesses in the other side’s position and prepare themselves for negotiations and trial. Whilecases will settle before trial, when a dispute has arisen and there has been correspondence between the parties that hasn’t resulted in a resolution, it will proceed to civil litigation.

Litigation lawyers can quickly assess your situation and consider the matter through the lens of the court. Once they understand your matter, they can start to form an opinion about the merits of your case and devise a strategy or plan to resolve the dispute.

Essentially, a litigation lawyer needs to establish your rights at law and the best way to enforce them.

There are a variety of ways to resolve disputes, they can be injunctions for urgent matters or initiating a claim in Court for other disputes.

To initiate a civil lawsuit in Court, the plaintiff files a formal statement of claim, which the defendant then answers. This establishes the parameters of the legal clash that will follow.

Getting the details of the claim right is critical as these details can set the tone and, if well drafted, establish a strong case. The initial claim should be well considered to be fully effective and set up the next stage of negotiation.

When the lawsuit enters the ‘discovery’ stage, each party is required to answer questions posed by other parties and turn over relevant documents.

Typically, neither side wishes to disclose information damaging to its case. It is the role of your lawyer to argue strenuously and request information to be revealed that may help strengthen your claim.

The judge may be asked to issue discovery orders if the other party is not forthcoming.

Mediation is an important part of most lawsuits. The parties may be required, at multiple stages of the litigation process to attend mediation.

Mediation usually occurs in the presence of an independent court-appointed person, known as a mediator, and at mediation, the parties attempt to negotiate a settlement.

Your lawyer and barrister will represent you at mediation.

Mediation is a good opportunity for the parties to resolve their dispute and reach a formal agreement. It is important that your legal representatives can not only negotiate well in mediation, but properly draft a suitable settlement deed. A poorly drafted or considered settlement deed can disadvantage you.

If the parties don’t settle at mediation, the matter will continue to trial. Before trial, both parties often file briefs asking the court to reject certain claims or defences. The reasoning for this is on the grounds that the other party has no chance of prevailing on these certain claims.

At trial, a barrister will take the reins of the lawsuit from the solicitor. The solicitor continues to assist in the trial as they have the most knowledge of the case and the documentation.

The lawsuit does not necessarily end with the trial court outcome because the losing party can file an appeal to a higher court.

At every stage of a lawsuit, the expertise of a competent and experienced lawyer can make a crucial difference in the outcome for the client.

What does a civil lawyer do?

There are two basic types of law: civil and criminal. While criminal lawyers advocate for defendants who have been accused of a crime, civil lawyers represent individuals and businesses in a broad range of matters, including:

  • wills;
  • divorce;
  • child custody;
  • contracts;
  • mortgages;
  • leases;
  • debt recovery;
  • trademarks; and
  • employment disputes

Most individuals and businesses that seek legal advice or assistance find that they need a civil lawyer.

Civil lawyers spend much of their time conferring with clients and analysing legal problems by researching pertinent statutes, regulations, and case law.

Far broader than the criminal law, the civil law encompasses nearly every aspect of the legal realm.

  • Want to incorporate or transfer ownership of a business?
  • Work out a separation agreement?
  • Stop someone from infringing your copyright?
  • Challenge a fine issued by a government agency?
  • Civil lawyers handle all these matters and many more.

Lawyers rarely practice both civil and criminal law simultaneously as the two branches of law follow different procedures and require different substantive expertise.

However, the two types of lawyers have the same basic skillset and perform similar activities: both meet with clients, conduct legal research, provide legal advice, negotiate with other parties, draft legal documents, and litigate in court.

While criminal lawyers are drawn to a role in the criminal justice system, civil lawyers find their calling in representing individuals and businesses in the expansive variety of legal matters that are encountered in daily life.

What is alternative dispute resolution?

An increasingly popular method of resolving disputes is called alternative dispute resolution (ADR), which uses the services of an independent third person to assist the parties to reach a solution that is mutually acceptable to all involved.

Less formal than a courtroom proceeding, ADR also offers more privacy since its processes and settlements are usually confidential.

The disputing parties themselves ordinarily choose the person who conducts the ADR.

ADR may be voluntary, court-ordered or mandated as part of a contract or dispute resolution procedure.

There are various types of ADR

Mediation

Mediation is often a compulsory part of court processes. For many disputes, such as family disputes and building disputes, the court process cannot start until you have attended mediation.

In mediation the parties meet in the presence of an independent person known as a mediator. The mediator runs the meeting and starts by discussing the most contested issues with the aim of understanding what is most important to each party. Once this is established the parties can make progress in resolving the conflict.

Mediators do not take sides in the dispute or seek to impose an agreement on the parties.

A mediator will usually be a barrister with special training and experience in the relevant area of law.

Mediation starts out as a “joint session” with all the parties and their lawyers in the room.

The parties present their respective points of view. They may present an offer or state what they are prepared to do to settle the matter or otherwise, what they would accept as a settlement.

The parties then usually break to separate rooms and the mediator will move between the rooms to help the parties move towards a settlement.

The parties may have several joint and separate sessions throughout the day. If the parties reach an agreement at mediation, a settlement deed is drafted up by your lawyers. This outlines the terms and conditions of the settlement.

Your lawyer needs expertise in negotiations and drafting as the resulting agreement will need to be thorough. It should be well considered and have the appropriate conditions and clauses to make it easy to enforce or abide by. Poorly drafted settlement deeds can disadvantage you and leave room for further disputes.

Often the parties are in a continuing commercial relationship. A skilled litigation lawyer needs to consider that where possible the continuing commercial relationship is not damaged irreparably.

Arbitration

The most formal of the ADR processes, arbitration resembles an abbreviated court or tribunal hearing. In essence, the parties choose an arbitrator who will decide the case, and the parties have only a limited right of appeal from the arbitrator’s decision. Arbitration is more common building disputes, or can be ordered by the Magistrates Court Judge if there is a lower cost dispute.

If the parties have a written contract, the contractual terms sometimes will mandate that they resolve their dispute through an arbitration process rather than in court.

Get in touch with us today on 1300 907 335 or alternatively, contact us using our enquiry form and we will respond to you promptly.

Our Locations

Melbourne CBD

Level 15,
440 Collins Street,
Melbourne VIC 3000

Sydney

Level 33,
264 George Street,
Sydney NSW 2000

Chadstone

Level 8,
1341 Dandenong Rd,
Chadstone VIC 3148

Dandenong

Level 2,
311 Lonsdale St
Dandenong VIC 3175

Frankston

Ground Flr,
435 Nepean Hwy
Frankston VIC 3199

Moorabbin

Level 1,
441 South Road
Moorabbin VIC 3189

Preston

Ground Flr,
84 Hotham St,
Preston VIC 3072

Sunshine

Level 5,
12 Clarke Street
Sunshine VIC 3020