Dispute Resolution & Litigation

We understand first-hand how drawn-out legal disputes can exhaust time, drain emotions, and deplete assets. Our dispute resolution and litigation services focus on protecting your rights and your money. We have had considerable success in resolving civil disputes and delivering practical outcomes that are in the best interests of our clients.

We have represented clients in various courts and tribunals and can provide advice and advocacy for a range of matters including, but not limited to:

Contractual disputes – breach of contract, failure to perform or complete a contract or breach of essential conditions and warranties
Consumer claims – unfair contracts, misrepresentation, unconscionable conduct, undue influence and fraud
Property co-ownership disputes, boundary and easement disputes
Commercial and retail leasing disputes
Partnership disputes and dissolution of partnership
Intellectual property disputes such as copyright and trade mark infringement
Debt recovery, insolvency and bankruptcy
Property damage claims
Defamation proceedings
Disputed estates and contested wills
Building and construction disputes

What is Alternative Dispute Resolution?

Alternative dispute resolution refers to a range of processes that may be used to resolve a conflict or settle a claim while keeping a matter out of court. Common processes include negotiation, mediation and conciliation. These processes often resolve a matter much quicker and cheaper than going to court.

The complexity of a civil legal dispute can vary significantly and often involves more than one area of law. Effective dispute resolution requires a skilled negotiator with a working knowledge across various legal areas. To advise a client on the possible outcomes of a disputed matter and the best path forward, a lawyer will need to:

obtain all relevant facts;
identify and narrow down the issues in dispute;
identify and apply the relevant areas of law;
determine a legal cause of action or a legal defence to a claim;
assess the parties’ respective legal positions;
assess the strengths and weaknesses of each side;
propose solutions that will deliver the best commercial outcome for the client in all of the circumstances.

How does mediation work?

Mediation involves a neutral person (the mediator) meeting with the parties to a dispute and assisting them to reach a resolution. The meeting is generally confidential. The mediator does not give legal advice or determine the matter. Rather, he or she encourages the parties to reach an outcome themselves.

Mediation is best used when the parties are willing to negotiate and make genuine efforts to resolve their matter. If mediation does not entirely resolve the legal dispute, it can help to identify and narrow down the unresolved matters, so further negotiations can be more focused.

Mediation can be used even if a matter is very complex and the parties wish to utilise expert reports. If an agreement is reached, the parties can enter into a formal binding agreement.

What is litigation?

Litigation refers to the action taken between opposing parties to have a legal dispute decided by a court or tribunal. The parties involved in the proceedings may be individuals, corporations, government or other entities, and there can be more than two opposing parties.

Civil court cases generally concern disputes about the parties’ respective legal rights or obligations. Usually, the court is asked to make a determination (judgment) in favour of one of the parties and to order an appropriate remedy. The remedy may be in the form of monetary compensation such as an ‘award’ for damages for loss suffered, an injunction (an order preventing a party from doing something or requiring a party to do something), or a range of other discretionary orders.

How are court proceedings started?

Court proceedings are commenced by the ‘wronged’ party (the plaintiff) filing a summons or application in the relevant jurisdiction of a court or tribunal. The summons identifies the alleged wrongdoer (the defendant) and the remedy sought. The claim usually includes a statement of facts summarising the circumstances of the case and identifying the particular law that the plaintiff claims to have been breached.

After the claim has been filed (acknowledged by the court), the defendant is ‘served’ with a copy and must respond to the claim within a specified time. The type of response filed is determined by the relevant circumstances and how the defendant wishes to answer the claim.

Thereafter, the matter is usually referred for ‘case management’ by the court which will require the parties (through their representatives) to comply with a number of procedural matters, directions hearings, etc. in accordance with a court timetable.

A litigated matter requires sound preparation. The parties must comply with prescribed processes and the formal technicalities regarding the presentation of evidence. The process is time consuming and can be expensive. Consequently, an informed decision to commence or defend a matter in court should be made only after considering the likelihood of success and the costs / benefits of proceeding.

We are experienced negotiators and will generally attempt to resolve your matter using alternative dispute resolution processes. Rest assured however, that should court proceedings be necessary, you will be in the hands of an experienced litigation team with strong advocacy skills and a sound knowledge of case management practices across a range of courts and tribunals.

If you need any assistance, contact one of our lawyers at [email protected] or call 1300 658 788 for a no-obligation discussion and for expert legal advice.