Litigation Lawyer Brisbane

• Investigation: During the investigation stage, your lawyer (or solicitor) will first listen to everything you have to say. They will then conduct a thorough review of all relevant documents and arguments. We may need to speak to experts in the field, depending on the context of the case. For instance, if it’s a construction case, your lawyer may need to speak to a civil engineer or other industry expert to consider the merits, strengths and weaknesses of your case. This stage is crucial in determining the legal strength of any case.
• Pre-Litigation Steps: As litigation can be a costly and often protracted course of action, your lawyer will look to distil the facts and legal arguments into a letter of demand inviting the other party to take an action which could avoid litigation. During this stage, you may be advised to present an offer to settle the dispute and/or invited to attend mediation or some other form of alternative dispute resolution. The aim is to resolve the dispute in a way that is satisfactory to both parties without having to incur potentially avoidable costs associated with bringing the matter to trial.

• Pleadings: If the parties are unable to agree, then you may wish to commence proceedings. The pleadings, which are filed with the court, refer to the written statements and arguments of any case.

The first pleading is called the Statement of Claim – an important document that defines the limits of any case and determines which arguments each party can present to the judge or magistrate. The second pleading allows the defendant to file their defence against the claim. Parties are then allowed to submit cross-claims and, depending on the court, the plaintiff can have a final response before trial.

Notably, each of these submissions has a time limit, including the initial claim. Our team of litigation lawyers will keep you informed of any relevant time restrictions.

• Disclosure: Lawyers are obligated to submit all documentation relevant to the proceedings. This ensures the fairest outcome. During disclosure (also referred to as discovery), lawyers may review the documents of the opposing party and pose questions to one another. If one party refuses to hand over potentially relevant documents, the other party can subpoena these documents.

• Alternative Dispute Resolution (ADR): Before or during the trial, the court may order the parties to pursue one of three main ADRs: mediation, arbitration, and expert determination.   

• Mediation: Mediation involves the parties meeting outside of court with a mediator (an appointed legal official) to attempt a settlement. Here, parties will attempt to reach an agreement to avoid lengthy court proceedings.
• Arbitration: Your case may be referred to an arbitrator or third party for dispute resolution. The nature and authority of the arbitrator and procedure are often indicated in commercial contracts.
• Expert determination: The court may decide that the parties involved should hear an expert’s opinion if the litigation matter is technical or could be resolved with additional knowledge. The expert cannot make a decision for the parties, but can educate them and offer advice based on their years in the industry.

If these negotiations fail, the case will go to court for trial.

• Trial: As you can see, most of the work your litigation lawyer will do comes before the trial stage. The trial, in this way, is often seen as a last resort. During the trial, a barrister will take over from the litigation lawyer. Your lawyer’s job is to assist with arguments and make sure the barrister can present the case in the right way.

The judge's decision may be delivered on the day, or it may be reserved, meaning the judge will submit a written judgement after examining the evidence. This judgement is final unless it is challenged through an appeal by the losing party.

• Appeal: The losing party can challenge the outcome of any court decision. They may argue, for instance, that the judge or magistrate erred in barring their defence. An appeal requires the drafting of new legal arguments, which is where the litigation lawyer will once again play a significant role.

Litigation for Plaintiffs

The plaintiff is the party who is making a legal claim in court. If you are owed money, suffered loss and/or damage, have been injured, or have been wronged in any way, our litigation lawyers will provide sound legal advice and guide you through the steps to claiming what’s yours.

Litigation for Defendants

If you have been served with a claim, statement of claim, bankruptcy notice, wind-up application, judgement, or other court documents then, you are the defendant in a matter. Our litigation lawyers will defend you in any legal proceedings instituted against you.

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