Litigation

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, by implementing dispute management strategies that are aimed at best achieving your objectives by compensating you for your loss, but a the same time taking into account 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. That said, we will always maintain that where the matter can be settled for a result that you can live with, resolution will be sensible. 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 you matter proceeds to trial, your case will be organised and you will have appropriate representation. We have access to several barristers, who are selected on the basis of their experience, as required in the circumstances, taking into account the complexity of the issues and cost/benefit of different types of counsel in the circumstances.

Our dispute resolution and litigation experience includes matters relating to:

  • Commercial Agreements
  • Commercial Leasing
  • Building Agreements
  • Franchising
  • Property
  • Debt Recovery
  • Insolvency
  • Company Matters
  • Shareholder Agreements
  • Family Law
  • Estates (including estate claims)

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

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 itself for negotiations and trial. Most cases settle before trial.

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

When the lawsuit enters the ‘discovery’ stage, each party is required to answer questions posed by other parties and turn over relevant documents. Because neither side wishes to disclose information damaging to its case, their lawyers usually will argue strenuously over what information needs to be revealed, and may ask the judge to issue discovery orders.

Mediation is an important part of most lawsuits. 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.

Before trial, both parties often file briefs asking the court to reject certain claims or defenses on the ground that the other party has no chance of prevailing on them.

At trial, a barrister will take the reins of the lawsuit from the solicitor, who nonetheless will play an essential role at trial, being the person most knowledgeable about the case.

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
  • Trade marks
  • 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 analyzing legal problems by researching pertinent statutes, regulations and case law.

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? Challenge a fine issued by a government agency? 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 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 dispute resolution?

An increasingly popular method of resolving disputes is called alternative dispute resolution, 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 that a courtroom proceeding, alternative dispute resolution, or 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 an agreement on the parties.

A mediator will usually be a barrister who has experience in the relevant particular 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 and might state what they are prepared to do to settle the matter or otherwise accept as a settlement. The parties then usually bre3ak to separate rooms and the mediator will move between the rooms to help the parties move towards a settlement.

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.

Neutral evaluation

Neutral evaluation may be used at the outset of litigation to help the parties reduce the number of issues that a court or tribunal has to consider.

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.

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.

  • CBD Office

    Level 8, 446 Collins Street
    Melbourne Vic 3000

  • Moorabbin Office

    Level 1, 441 South Road
    Moorabbin Vic 3189

  • Chadstone Office

    Level 8, 1341 Dandenong Rd,
    Chadstone VIC 3148

  • FRANKSTON OFFICE

    Ground Flr, 435 Nepean HWY
    Frankston Vic 3199

  • Preston Office

    Ground Flr, 84 Hotham St,
    Preston VIC 3072