In Australia, civil disputes can arise in a variety of contexts, from contractual disputes between individuals and businesses to disputes over property rights, personal injury claims, and more.
Regardless of the nature of the dispute, there are various steps you can take to resolve civil disputes in a fair and efficient manner. However, civil disputes can be complex and might involve civil litigation. Therefore, hiring an experienced civil litigation lawyer is the best approach to achieving the optimal outcome.
In this blog post, we’ll outline the critical steps involved in dealing with civil disputes in Australia.
But before highlighting the process, let’s first go through the basics.
What is Civil Litigation?
Civil litigation in Australia within NSW can be defined as a legal process in which two or more parties, usually individuals, businesses, or organisations, engage in a dispute over a legal issue. This process involves making a claim to the appropriate Court (or Tribunal) in written form by filing documents in court, where one party seeks relief, compensation or damages from another party.
Consulting a civil lawyer in Sydney can help you navigate through the difficult scenarios of civil litigation.
Civil Disputes vs. Civil Litigation
- Civil disputes refer to any disagreement or conflict that arises between two or more parties and can include a wide range of issues such as contracts, property disputes, personal injury claims, debt collection disputes, and more.
- A civil dispute can be resolved through negotiation, mediation, or other alternative dispute resolution methods, without resorting to litigation. An experienced civil litigation lawyer will initially recommend resolving civil disputes without approaching the court.
- Civil litigation, on the other hand, is a legal process that involves taking a dispute to the appropriate court to seek resolution through a decision made by a judge or jury.
- It is typically initiated by one party, who files initiating process in court outlining the basis of their claim and the relief they seek. The defendant then responds by filing an answer, defence and/or a counterclaim. The parties then engage in discovery, pre-trial proceedings, the filing of expert and lay evidence and ultimately proceed to a trial, where evidence is presented, and a decision is made by the judge or jury.
Civil litigation is often more time-consuming, expensive, and uncertain than alternative methods of dispute resolution. A commercial lawyer generally recommends pursuing litigation as a last resort when all other attempts to resolve the dispute have failed.
What does a civil litigation lawyer do?
A civil litigation lawyer is a legal professional who specialises in handling civil disputes between individuals, organisations, and businesses.
Some of the fundamental skills of a civil litigation lawyer include the following:
- Advising clients: A civil litigation lawyer will assess the evidence and needs of a client, advise their clients on the merits of their case, explain the legal processes involved, and provide guidance on the best course of action and the costs involved.
Lawyers will investigate the current law and may engage an expert barrister to advise in order to understand the legal issues involved in the case, identify relevant laws and regulations, the strengths and weaknesses of the case, fact finding and gathering of evidence to support their client’s position.
- Drafting legal documents: A civil lawyer Sydney will draft legal documents such as pleadings, motions, interrogatories and affidavits and briefs, which are filed with the court and used to assist or to present the client’s case.
- Representing clients in court: Lawyers will represent their clients in court proceedings, which include hearings, trials, and appeals. Moreover, they will argue their client’s case, cross-examine witnesses, and present evidence and engage a skilled barrister to do so as required by the individual circumstances of the case.
- Negotiating settlements: A commercial lawyer will also attempt to negotiate settlements whether prior to or during the court process which can help to resolve the dispute quickly and at a lower cost but ultimately to provide certainty of outcome and a resolution that is agreed rather than imposed by a Court.
- Managing the litigation process: Lawyers will manage the overall litigation process, including preparing for court appearances, responding to discovery requests, and complying with court rules and deadlines and all necessary liaison with both the client and all parties to the proceedings.
Therefore, if you’re involved in a civil dispute, a civil lawyer can help you navigate the process smoothly and efficiently.
What is the process of dealing with civil disputes?
Step 1: Seek Legal Advice
The first step in dealing with a civil dispute is to seek legal advice from a qualified civil lawyer in Sydney. A lawyer can help you understand your legal rights and obligations, assess the strength of your case, and advise you on the best course of action.
Depending on the nature of the dispute, there may be specific laws and regulations that apply, and a lawyer can help you navigate these complexities.
Step 2: Attempt Mediation or Negotiation
In many cases, civil disputes can be resolved through mediation or negotiation rather than going to court.
In mediation, a neutral third party assists the parties in dispute to reach a mutually acceptable agreement, while negotiation involves direct communication between the parties or by their legal representatives to try to resolve the dispute.
Mediation and negotiation can be quicker and less expensive than going to court. However, if mediation or negotiation is unsuccessful, the dispute may need resolution through litigation.
Step 3: Start Legal Proceedings
If mediation or negotiation is unsuccessful, the next step may be to commence legal proceedings. This involves filing a claim in court or tribunal, outlining the nature of the dispute and the relief being sought. A civil litigation lawyer can assist you in navigating through the court proceedings.
Legal proceedings will involve the entire civil litigation process starting from pre-filing and pleading to discovery and trial.
Step 4: Attend Court or Tribunal Hearing
At the court or tribunal hearing, both parties will have the opportunity to present their case and evidence.
Next, the judge or tribunal member will make a decision on the dispute. The decision may be enforceable and legally binding, depending on the dispute’s nature and the type of court or tribunal involved.
Step 5: Consider Appeals
If one of the parties is dissatisfied with the decision of the court or tribunal, they may have the right to appeal to a higher court. This involves lodging an application with a higher court, which will review the decision and determine whether it was correct. However, appeals can be costly and time-consuming. Nor are they automatically available as some avenues of appeal require there to be an error of law, not just a dispute on the facts.
Wrapping Up
Dealing with civil disputes in Australia can be a complex and challenging process. Working with a qualified professional such as a commercial lawyer, you have a better chance at ensuring a fair and efficient resolution to your civil disputes.
