Litigation

What is litigation?

Litigation is the major dispute processes used in the law. Ostensibly it is there to attempt to resolve disputes according to the law through the court system. There are some more minor dispute resolution systems such as arbitration and conciliation as well as mediation which are allegedly less formal. These dispute resolution systems are allegedly less formal. They also have the characteristic of not being as binding because the decisions of a judge carry the authority of the law which the decision of a mediator or arbitrator do not. The reason for the creation of alternative dispute resolution systems was that there needed to be greater consideration in dispute resolution of the way in which legal process could be dominated by laws and disputes could get completely blown out of proportion by the fact that lawyers earn a living from the dispute process and sometimes inflame disputes which works to their advantage in terms of the amounts of fees that they can charge. However, litigation still remains the only major tool for getting a binding and enforceable judgment against another person which carries the full weight of the law. The bottom line is that if a person ignores the orders of a court, they can be convicted of contempt which is punishable with a prison sentence. For this reason, court process and litigation is an important part of the government systems in most western countries.

What does litigation mean for me?

If you have been sued, or is your rights have been infringed upon to a degree which you cannot live your life in the way you choose any more because of a significant wrong or harm done to you then you will most likely be looking at litigation as the way to resolve this situation. It is no light thing to be involved and there are high stakes for both sides including large amounts of money and in some cases your freedom. All of these things mean that if you are involved in litigation or thinking about starting a litigation matter then you need professional advice to guide you though the process and some assistance with the drafting of documents, the communication with the courts and the other parties in the matter and all of the other details that are related to the practice of litigation. This is the core of what lawyers do and how they practice. If you have a litigation matter, please do not hesitate to contact us today about it and we will see what we can do to help you.

Recent Legal Information

Advanced Medical Institute taken to court by ASIC and ACCC

Advanced Medical Institute is being sued by the Australian Competition & Consumer Commission for alleged unconscionable conduct. The troubled UK expansion of the impotence treatment clinics business has also caused it to be placed into administration. The firm had previously been cited by the watchdog...more legal information

Vodafone likely to face class action

Furious customers of the telco giant Vodafone are preparing to sue the company in a class action over the poor performance of the company network. Customers calling its customer care line have been placed on hold for hours on end and then forced to fill out long, laborious forms. Some customers...more legal information

What are the implications of the Allahabad High Court Case?

The Allahabad High Court is to decide on a case about title to a temple which has been running for nearly six decades. The High Court here has been turned into a virtually impregnable fortress and only the parties to the legal dispute and their lawyers will be allowed entry to Court Number 21 where...more legal information

Sexual Abuse Claims Rock Knox Grammar School

Knox sued for $1m over inaction on sex victim Saffron Howden In a new turn of events which just seem to go from bad to worse for know grammar school, the school is now being sued for more than $1 million over claims it neglected its duty of care to one alleged victim. In a statement of claim filed...more legal information

Defamation cases on the rise - District Court appoints more Judges

A new debate has blown up over the use of juries in civil trials against the merits of the use of judges for determining such disputes. Attitudes on the matter swing from viewing the jury as the rock upon which justice rests, the font of community standards, the watchdog of democratic rights and the...more legal information

Judge says that Glen Tabak lied about relationship with Beth Morgan

His Honour Solomon J, has commented that corruption in NSW "must be overcome". The judge has dismissed an appeal by a Wollongong developer, Glen Tabak, convicted of lying to the corruption watchdog. "The community must be told loudly and clearly that corruption in this state is a problem and must...more legal information

Get Up Wins Election Case in the High Court

In a major change which will affect the august 21 election, the High Court has decided to overturn laws enacted by the Howard government which effectively excluded a large part of an essential consitutency being young people who have only just turned 18 and are now eligible to vote because of the reform...more legal information

Civil Dispute Resolution Bill and Access to Legal Services

In yet another effort to curb the costs and delays involved in litigation, the Attorney-General announced that the Civil Dispute Resolution Bill will implement key recommendations made by the National Alternative Dispute Resolution Advisory Council (NADRAC) in its November 2009 report, The Resolve to...more legal information

Justice Bergin concerned about No win No pay

Justice Bergin, the chief judge of the Equity Division of the New South Wales Supreme Court has warned that lawyers who act on a no win no pay retainer are compromised in their ability to objectively apply the law to the facts of a particular case and therefore achieve a result that correctly applies...more legal information

What should I do if I have been sued? Tips for litigation.

Obviously being sued is not a pleasant experience for anyone. However, if you are in business or if you are in any long term relationship or if one of your relatives has died, you will most likely come into contact with litigation at some point in your life. The law and the court system exists to...more legal information

Legal Resources

Adjudication under the Building Security of Payment Act In Australia, and New South Wales in particular, adjudication in the context of dispute resolution has a very specific meaning. It means the process referred to under the Building and Construction Industry Security of Payment legislation. We provide information and legal advice in this area.
Administrative Appeals Tribunal The Administrative Appeals Tribunal is an organisation that reviews a wide range of decisions made by Australian Government ministers, departments, agencies and some other tribunals.
Barrister Are you looking for a barrister? We have barristers available online to look at your legal query and assist you with your legal matter.
Barrister Chambers What is a barrister chambers? Where can I find a barrister's chambers? How can I get in touch with a barrister?
Civil Dispute Resolution Procedure New laws on Civil Dispute Resolution Procedure being brought in this year will encourage the early resolution of disputes.
Civil Litigation How can I benefit from a civil litigation matter? What do I stand to lose from a civil litigation matter if I am sued or if I choose not pursue a possible cause of action?
Class Action Do I have an entitlement under a share holder class action? How do I start a class action?
Commercial Arbitration Commercial Arbitration is a less formal style of dispute resolution where the parties agree to be bound by the determination of an industry expert. Although the matter can be appealed to a court, the vast majority of arbitrations are accepted by both parties resulting in greatly reduced legal costs.
Commercial Litigation What is commercial litigation? How can a commercial litigation lawyer help me?
Conciliation Conciliation is perhaps the most informal of all of the formal dispute resolution procedures. Conciliation is a process in which the parties to a dispute, with the assistance of a neutral third party (the conciliator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement.
District Court of New South Wales The District Court of New South Wales is the court which sits in the middle of the system of court jurisdiction in the state of New South Wales. We can help you if you need assistance with a District Court Matter.
Downing Center Local Court Need a lawyer to represent you at the Downing Center Local Court? We can get a lawyer to you on short notice. Contact us to find out more.
Federal Court of Australia The Federal court of Australia is a court which has jurisdiction under the Federal Court of Australia Act 1976, and it formally came into existence on 1 February 1977. If you are involved in a trademark dispute, or in a corporate insolvency, a bankruptcy, immigration matter, an admiralty dispute or any other type of dispute which is of a federal nature we may be able to assist you.
Litigation Funding Litigation Funding is a relatively new concept which can be used to make litigation more accessible where you have a strong case and you are willing to borrow money from a lender in relation to the funding for the case.
Local Court of New South Wales The local court of New South Wales is the lowest level of court jurisdiction in New South Wales. The are more than 160 local courts in New South Wales and it hears summary offences as well as some indictable ones as well as committal hearings.
Mediation Mediation is the least formal of all dispute resolution mechanisms. It is particularly useful for highly technical or complex disputes. It is effective at controlling costs and helpful where formal court process might obfuscate the true issues in the dispute, only escalating legal costs.
No Win No Fee What is no win no fee. Do you have a no win no fee case?
North Sydney Local Court Do you need help with a matter in North Sydney Local Court? We can assist you with matters at the North Sydney Local Court.
Statute of Limitations What do I need to know about a Statute of Limitations? What are some of the key statutes of limitations?
Supreme Court of New South Wales The Supreme Court of New South Wales is the Highest Court in the system of New South Wales Government. It is the court appeal for the District Court of New South Wales and the ultimate court of appeal for the Local Court of New South Wales.
What does it mean to be a QC barrister? In the first place is important to note that there are very few QCs left in Australia. Since the 1980s, as part of the move to Australia to become a republic very senior barristers came to attain the title of SC or senior counsel.
What is a plaintiff? How do I know if I have a case? A plaintiff the person who initally files and begins a case. How do I know if I have a case and how can I get legal advice on if I have a case or not?

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