Dispute Resolution & Litigation

Understanding civil disputes

Civil disputes arise between opposing parties such as individuals, corporations, government bodies, or other entities.

Common types of civil disputes

Examples of civil disputes include:

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

Resolving disputes outside of court

Wherever possible, we aim to resolve disputes through alternative means such as negotiation, mediation, or conciliation. These methods are often faster, less costly, and less emotionally taxing.

When litigation is necessary

If alternative resolution methods fail, we carefully assess your circumstances to determine whether litigation is appropriate. If so, we will recommend pursuing your case vigorously.

The litigation process

The litigation process requires thorough preparation and adherence to various court formalities and evidentiary requirements. While court disputes can be expensive and emotionally draining, we help clients weigh the decision to proceed carefully, considering the likelihood of success and the feasibility of enforcing any court orders.

What is a civil court dispute?

A civil court dispute (litigation) involves disagreements about the rights or liabilities of the parties involved. The aggrieved party seeks a court-ordered remedy, which may include:

• Monetary compensation for damages or loss suffered
• An injunction (an order preventing a party from taking a specific action)
• Other discretionary orders, such as property sales with proceeds distributed in a specific manner

How court proceedings work

Court proceedings begin when the aggrieved party (the plaintiff) files a claim or application in the relevant jurisdiction, identifying the defendant (the party against whom a remedy is sought). This claim includes:

• A statement of facts summarising the case circumstances
• The wrongdoing or area of law breached
• The remedy sought

The defendant is then ‘served’ with the claim or application and must respond within a specified time frame. The type of response depends on the case’s circumstances and the defendant’s position.

If the matter remains unresolved through negotiation or alternative dispute resolution, it proceeds to a court hearing for a final determination.