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Litigation

Strong representation when your matter goes to court.

Overview

When a dispute cannot be settled, you need lawyers who prepare thoroughly and give realistic advice about your prospects and costs at every stage.

We act for plaintiffs and defendants in commercial, contract, debt, property and estate matters.

How we can help

  • Starting or defending court proceedings
  • Preparing pleadings, affidavits and evidence
  • Subpoenas, discovery and interlocutory applications
  • Briefing barristers where needed
  • Settlement negotiations throughout the case
  • Enforcing judgments

Common questions

Who pays legal costs if I win?

The general rule is that the unsuccessful party pays a portion of the successful party's legal costs, but rarely all of them. We explain how costs are likely to apply in your matter.

Which court will my matter be heard in?

It depends mainly on the amount in dispute and the type of claim. Smaller claims usually go to the Local Court or NCAT, and larger claims to the District or Supreme Court.

What is the difference between mediation, arbitration and litigation?

In mediation, an independent mediator helps the parties negotiate their own settlement. It is confidential, and nothing is decided unless everyone agrees. In arbitration, the parties appoint a private arbitrator who hears the evidence and makes a binding decision, usually because their contract requires it. It is private and can be faster than court, but rights of appeal are very limited. Litigation is the public court process, where a judge or magistrate decides the dispute and the decision can generally be appealed. We can advise which path suits your dispute, and many matters move between them.

This page provides general information only and is not legal advice. Contact us for advice about your situation.

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