Litigation and dispute resolution are a specialized area where the expertise and knowledgeability of the team can have an impact on the outcome. 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. Our team of litigation lawyers in Australia offers complete litigation and dispute resolution services and we take pride in representing our clients with professionalism and dedication.
We strive to find efficient and convenient solutions for our clients who are involved in various business or commercial litigation and disputes and we personalize our approach from case to case.
Litigation practice areas
Our attorneys in Australia who specialize in litigation offer personalized solutions depending on the business area or type of dispute. As such, 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 or proprietary information.
- – Real estate litigation: involving issues related to construction, regional or national matters involving residential developers, real estate fraud, foreclosures, and other cases.
These are just some examples of areas in which our Australian law firm offers legal services. We can represent our clients in any court, and our attorneys have a combined experience that allows us to provide services in all of the major litigation areas.
Our litigation lawyers in Australia have represented numerous companies in various types of litigation cases. Business owners and individuals who need to apply for an appeal for the Federal Court can also reach out to our team of experts.
Litigation in Australia
The course of litigation in Australia can differ according to court, however, it can be summarized in a few general steps. In the preliminary stage, the parties exchange their statements of claims and defense – which will be used to define the dispute. Our team of litigation lawyers in Australia can help you during this step so that you may formulate a complete and accurate pleading. This stage is followed by the discovery phase during which the relevant evidence is disclosed. The parties may be requested to attend court proceedings with regularity during this time. The final hearing is scheduled after all of the evidence is presented and all of the interlocutory disputes are solved.
The duration of a lawsuit will depend on the complexity of the matter as well as how the court manages that particular case.
In some situations, it may be to the advantage of both parties to settle the claims. They may consider their options for alternative dispute resolution methods, including arbitration and mediation. The Federal Court allows for a set of practices that encourage parties to attempt the out-of-court negotiation for the purpose of resolving the dispute. The Court can have express powers to implement the alternative options in some cases. In Australia, the Centre for International Commercial Arbitration and the Australian Commercial Disputes Centre are the main alternative dispute resolution centers. Court hierarchy in Australia is as follows:
- – The High Court, the highest court in the judicial system,
- – the Federal Court of Australia,
- – the Family Court of Australia,
- – the Federal Circuit Court of Australia,
- – the Administrative Appeals Tribunal.
The Federal Court of Australis is the one to hear matters in a wide range if corporate-related issues and our team of attorneys in Australia who specialize in litigation can offer complete court representation.
Court proceedings can be a suitable solution in many corporate or business dispute cases. However, when negotiating a dispute, parties also have access to other methods that may be more easily enforced and offer a different degree of flexibility. Our team does not limit to litigation, but also provides solutions that involve negotiation, mediation, and arbitration – alternative dispute resolution methods that can yield satisfactory results, depending on the particularities of the case.
Contact our law firm in Australia that offers litigation services to find out how we can assist you in your particular case.