Civil litigation is a legal process used to resolve disputes such as business disagreements, contract breaches, or property matters. If you’re involved on either side of a civil case, it’s important to know what to expect. Here is a brief overview of the civil litigation process in Australia.
Many disputes can be settled before they go to court through other dispute resolution methods, like mediation or negotiation. This gives both parties a chance to reach an agreement without the need for lengthy and costly legal proceedings.
If mediation or negotiation isn’t successful, one party may choose to file a statement of claim, which officially starts the litigation process. The statement of claim outlines the dispute and what the plaintiff is seeking. The defendant can then respond with their statement to give their detailed position on the matter.
The next step is the discovery phase, where both sides exchange evidence, such as documents, contracts, and witness statements. This ensures that both parties have all the necessary information before a matter goes to court.
If the case proceeds to a court hearing or trial, both parties present their evidence and arguments to a judge. The judge evaluates both arguments and makes a judgement. Civil litigation judgements include awarding damages or resolving the dispute in another way.
Once the court issues a judgment, either party can appeal the decision if they’re not happy with the outcome. However, appeals can obviously drag the matter out further and become costly from a legal point of view. Overall, the civil litigation process can be complex, so it’s always best to seek legal advice as early as possible.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
