Court, Dispute Resolution, & Litigation Lawyers

Court litigation is a formal legal process involving the resolution of commercial or civil disputes through the court system. Bringing a lawsuit between two opposing parties to court requires the expertise and representation of lawyers qualified in the areas of dispute resolution, settlements and litigation.

Court litigation commonly involves the enforcing or defending of a legal right and a claim for compensation or damages. For a litigation matter to proceed to court, a qualified litigation lawyer or claim lawyer must file a court application or claim. The lawyer will present arguments and evidence in court on behalf of their client. A defence lawyer acting for the opposing party may file a defence before the Judge makes a final ruling on the litigation matter.

The legal system in Australia is highly complex. If you are dealing with litigation in any form, expert guidance and representation from a professional lawyer experienced in court litigation is essential.

At Adviilaw, we represent our clients in the resolution of disputes, negotiating out-of-court settlements and commencing or defending court proceedings.

To commence the process of dispute resolution, we will issue:

• Simple letters of demand
• Substantive letters of demand
• Substantive letters asserting legal rights and requesting action or inaction
• Substantive letters offering to settle or compromise disputes

Prior to the commencement of court proceedings (or in the course of defending a client in court proceedings), we will prepare:

• A claim and statement of claim
• A notice of intention to defend and defence
• Other court applications

As highly experienced litigation lawyers, we commence or defend court proceedings before:

• The Magistrates Court of Queensland
• The District Court of Queensland
• The Supreme Court of Queensland
• The Federal Court or Federal Circuit Court

In addition, we assist clients before the Queensland Civil and Administrative Tribunal.

If you require legal advice, assistance or representation in the areas of dispute resolution, settlement negotiation or court litigation, or if you would like to arrange an initial consultation with an experienced litigation lawyer or disputes lawyer, contact us online. Alternatively, call us on 07 3088 7937 or email us at [email protected] today.

FAQs

What is litigation, and how is it used in court?

Litigation refers to the formal and technical process for handling disputes between two opposing parties. Proceedings are usually initiated by one party in order to enforce or defend a particular legal right, with the party in question usually seeking some form of compensation, damages or other legal remedy.

Commercial and civil litigation matters may be settled between the parties out of court, or they may proceed through the court system, where each party will present arguments and evidence through court lawyers before a judge makes the final decision for the parties.

What is the litigation process in Australia?

In Australia, for a litigation matter to proceed to court or tribunal, one party will generally file a claim and statement of claim or another court application. Each party will then appear in court with a litigation lawyer to present arguments and evidence on their behalf. A judge will make the final ruling unless settlement is reached before trial. Settlement can be reached at any time during the process of litigation.

Is litigation the same as a lawsuit?

Litigation is not the same as a lawsuit — litigation is a legal proceeding that follows the filing of a lawsuit. Whilst the two terms are sometimes used interchangeably, a lawsuit generally forms only one part of a litigation matter, as there are many steps in the litigation process until a Judge makes a final decision.

How are disputes settled in Australia?

In Australia, there are several alternative dispute resolution processes for matters that do not proceed to court. Arbitration, common in commercial disputes, involves the submission of the dispute to arbitrators, who provide a binding resolution. Mediation involves a neutral third party assisting the parties to come to their own resolution. Expert determination involves the appointment of an independent expert to investigate and hand over a binding opinion on the dispute issues. Additionally, tribunals can deal with disputes in certain areas, providing alternative and affordable dispute resolutions.

We represent our clients in the resolution of disputes, negotiating out-of-Court settlements and commencing or defending Court proceedings.

For example, we will:

• issue:
  • simple letters of demand
  • substantive letters of demand
  • substantive letters asserting legal rights and requesting action or inaction
  • substantive letters offering to settle or compromise disputes
• prepare:
  • a Claim and Statement of Claim
  • a Notice of Intention to Defend and Defence
  • other Court Applications
• commence or defend Court proceedings before:
  • the Magistrates Court of Queensland
  • the District Court of Queensland
  • the Supreme Court of Queensland
  • the Federal Court or Federal Circuit Court
• assist clients before the Queensland Civil and Administrative Tribunal

Contact us today on 07 3088 7937 or email us at [email protected] if you require legal advice, assistance or representation in these areas, or would like to arrange an initial consultation at our office to discuss your matter.