Litigation

Litigation Lawyers Melbourne

Our experienced litigation lawyers have helped so many achieve favourable results by combining sound technical legal knowledge, commercial understanding and holistic case planning.

Our litigation lawyers have significant experience the following areas of law:

  • General Commercial Disputes
  • Building & Construction Disputes
  • Contract Disputes of various types
  • Compulsory Acquisition of Land
  • Commercial Leasing disputes
  • Employment Disputes
  • Estates (including estate claims)
  • Family Law Disputes (Property/Children)
  • Franchise Disputes
  • Intellectual Property Disputes
  • Property Disputes
  • Taxation Disputes
  • Partnership Disputes
  • Commercial Leasing Disputes
  • Franchise Disputes
  • Debt Recovery
  • Insolvency Disputes
  • Company Matters
  • Professional Negligence
  • Shareholder Disputes

Our team of commercial litigation lawyers are tough and determined – and strive to achieve client objectives. If you are the party bringing a claim, you will likely be seeking financial compensation (usually damages). If you have been sued, our role will be about acting for you in the defence of your position and hopefully minimising the claim against you. We will assist you in weighing up the commercial pros and cons of your case.

It is sensible, where possible, to try to successfully resolve a dispute before it becomes litigious and avoiding court is sometimes possible. However, where litigation is unavoidable, our legal team has the skillset to represent you in Court to prosecute your claim with vigour.

The Court process will afford you with opportunities to mediate your dispute and there are other dispute resolution methods such as “calderbank” offers and “offers of compromise” that can be used to motivate the other party to settle.

If your case ultimately proceeds to trial, it will be prepared for thoroughly. We engage the appropriate barristers and other experts selected on the basis of their experience and what is required in the circumstances, taking into account the complexity of the issues and cost/benefit of different types of counsel in those circumstances. These other professionals are important to a successful outcome of your case.

To discuss your matter, please feel free to contact us today on 1300 907 335 or otherwise complete the enquiry form on this page and we will respond to you quickly.

FAQ’s

Civil Litigation - how does it work?

Civil litigation is where two parties are involved in court proceedings relating to a dispute that is not a criminal matter. Each side seeks to uncover weaknesses in the other side’s position and prepare itself for negotiations and trial. Most cases settle before trial.

Initiation of Proceedings

To initiate a civil lawsuit, the plaintiff files a formal Statement of Claim, which the defendant then answers by way of a document called a Defence. This establishes the parameters of the opposing positions of the parties.

Discovery

The next stage is ‘discovery’. This is when each party exchanges documents that are relevant to the proceeding. It is emphasised that “all” relevant documents must be discovered, not just those convenient to a party’s case – however, there can sometimes be much argument about which documents are discoverable. These matters then become the subject of directions hearings where the parties make submissions to the court as to what is discoverable. The judge has the power to make orders about these matters.

Mediation

Mediation is an important part of most legal proceedings. The parties may be required at multiple stages of the litigation to meet in the presence of an independent court-appointed person, known as a mediator, and attempt to negotiate a settlement. The mediator may also be also be a barrister or other accredited mediator depending upon the court.

Trial

If the proceeding does not resolve at mediation, the parties will prepare for trial. The witness list will be finalised also.

At trial, a barrister and solicitor will be in court. The barrister will advocate on the party’s behalf and the solicitor will instruct the barrister.

Appeal

The proceeding does not necessarily end with the trial outcome as the losing party has the right to consider its grounds for appeal to a higher court. There must be clear grounds for doing so, however, and this does not always come to pass.

At every stage of a legal dispute, the expertise of a competent and experienced litigation lawyers 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:

  • • Commercial Disputes
  • • Family Law, including disputes about property and children
  • • Contracts
  • • Mortgages
  • • Commercial Leases
  • • Debt recovery
  • • Intellectual Property, including Trade Marks
  • • Employment Disputes

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

Far broader than the criminal law, the civil law encompasses almost 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? Terminating a commercial lease? Civil lawyers handle all of these matters and many more.

Lawyers rarely practice both civil and criminal law simultaneously because 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 many 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.

If you have need a legal advice, please contact us on 1300 907 335 or simply fill out the enquiry form on this page.

What is dispute resolution?

An increasingly popular method of resolving disputes is called Alternative Dispute Resolution, or ADR, which utilise the professional skill of an independent third person to assist the parties to reach a solution that is mutually acceptable to all involved.

Less formal that 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

In mediation the parties meet in the presence of a person known as a mediator, who helps them talk them through the contested issues with the aim of understanding what is most important to each other and making progress in straightening out the conflict.

Mediators do not take sides in the dispute or seek to impose judgment on the parties. They have no power to decide the outcome.

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 and might state what they are prepared to do to settle the matter or otherwise 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.

Mediation also forms part of legal proceedings nowadays and is compulsory during the proceeding and, in some areas of law, such as retail leasing and franchising, generally compulsory before legal proceedings may be commenced.

Conciliation

Conciliation is similar to mediation, except that the independent third party generally takes a more active role in advising the parties and providing direction in how to settle their dispute. Essentially, it is the same as mediation.

Arbitration

The most formal of the ADR processes, arbitration resembles an abbreviated court or tribunal hearing. In essence, the parties sometimes choose an arbitrator (or the court may appoint one) who will decide the case, and the parties have only a limited right of appeal from the arbitrator’s decision.

If the parties have a written contract, the contractual terms sometimes will mandate that they resolve any 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.

  • Locations

     
     

  • CBD

    Level 8, 446 Collins Street
    Melbourne Vic 3000

  • 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