Litigation Lawyers in Australia

Our team of litigation lawyers in Australia can help with in court representation in the case of commercial, IP, financial, and other disputes.

What are the main l itigation practice areas ?

We describe below some of the common practice areas:

• commercial litigation - the most common practice areas for our team of litigation lawyers in Australia (this includes any type of dispute that can arise when doing business, including but not limited to contractual breaches, shareholder and director disputes, business torts, breach of fiduciary duty and many other cases);
• financial litigation - financial services disputes involve banking matters, investment management issues or bankruptcy litigation;
• IP rights litigation - disputes that may arise from the infringement or misuse of copyrights, trade secrets, and all types of proprietary information;
• real estate litigation - involving issues related to construction, regional or national matters involving residential developers, real estate fraud, foreclosures, and other cases.

How can litigation cases be resolved?

Litigation is settled through a court order, but it may also be settled by means of an agreement or negotiation before the parties go to court.

What are the main steps involved in litigation cases held in courts?

The steps involved in litigation cases can slightly depend on the type of litigation (such as the branches presented above) and the court which is responsible for the case. In the list below, our lawyers in Australia present some of the steps applicable in general, regardless of the type of litigation you will initiate:

1. the procedure starts by filing a statement of claim to the responsible court;
2. the party needs to gather and file evidence for the case;
3. then, pre-trial reviews will take place;
4. the next stage is hearings, held in the competent court in front of a judge;
5. the judge will issue a judgement.

Who are the parties involved in a litigation case in Australia?

In litigation cases, we usually have the following parties:

1. the party that brings the claim to the court, known as the plaintiff or applicant;
2. the accused party, known as the defendant or respondent;
3. the litigation lawyers in Australia (each party must have different legal representatives; they can’t benefit from the services of the same attorney);
4. the judges of the competent court.

Do I need to hire a litigation attorney in Australia?

You are not obligated by law to obtain legal representation in front of Australian courts from our litigation attorneys in Australia, as the law allows individuals to represent themselves if they prefer, but it is not recommended to do so in litigation cases or in any other case, because lawyers are specialized in the rules, laws, and procedures applicable to a branch of law.

How long does it take to finalize a litigation case?

The duration of a litigation case can vary greatly based on its type. The processing of the application, the court hearings, the issuance of a judgment, and the appeals (where applicable) can take anywhere from minimum 3 months to a few years (1-2 years in general). Please address our lawyers in Australia for more details on the processing times, costs, and other important details.

Is litigation popular in Australia?

Yes. In recent years, litigation has become increasingly popular in Australia. For instance, New South Wales and Queensland have decided to increase the jurisdictional limit from $750,000 to $1,5 million in litigation claims cases, due to the large volumes of applications.

Are there any legal alternatives to litigation?

Yes. Individuals and companies can initiate alternative dispute resolution methods, including arbitration and mediation.

Where can I address an alternative dispute resolution case?

In Australia, the Australian Centre for International Commercial Arbitration (ACICA) and the Australian Disputes Centre (formerly the Australian Commercial Disputes Centre) are the main alternative dispute resolution centers.

Contact our law firm in Australia that offers litigation services to find out how we can assist you in your case.