Civil Litigation Lawyer Adelaide | Dispute Resolution

Did you know that individuals have the right to sue for compensation or for specific action in matters such as breach of contract, defamation and negligence? 

 

If you feel that you’ve been wronged but it’s not a criminal matter for police, then you may wish to consider civil litigation. Civil litigation is a process of dispute resolution between members of the community through the court system.

Building and construction dispute resolution

Civil litigation is a process of dispute resolution between individual members of the community. 

We work alongside our clients in support of their situation, promptly providing advice on mitigating risks and strategies on resolving disputes.

 

In order to sue someone in court you will need a cause of action and sufficient evidence to prove that they have wronged you. Our civil litigation lawyers will assess the facts of your case, determine your cause of action and provide advice on whether you have enough evidence to support your claim.  

 

Contact us for more information or to arrange a consultation.

Civil Litigation 

Service areas

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Dispute Resolution

Before bringing an action in Court, our lawyers will aim to settle your dispute by negotiating with your opponent and undertaking dispute resolution methods to get you the best, quickest and most cost-effective result.

 

What we do:

  • Negotiate on behalf of clients

  • Attend mediation and conciliation conferences

  • Collaborative mediation practice

  • Advocate early settlement

Civil Litigation

Civil litigation is a process of dispute resolution between members of the community through the court system.

 

What we do:

  • Represent you throughout the court process, including;

  • Court trial.

 

Matters We Represent

The types of disputes that are dealt with under civil law include disputes between:

  • Neighbours.

  • Business partners.

  • Family members and friends.

  • Suppliers.

  • Clients and customers.

  • Landlords and tenants.

  • Builders and construction companies.

  • Contractors with sub-contractors.

 
 
 

Dispute resolution vs Litigation

Our approach

Before bringing an action in Court, our lawyers will aim to settle your dispute by negotiating with your opponent and undertaking dispute resolution methods to get you the best, quickest and most cost-effective result. 

 

Alternative dispute resolution methods may not work in all circumstances, especially where neither party believes they are in the wrong or where many facts of the case are disputed. If an early settlement cannot be reached then our civil litigation lawyers will represent you throughout the court process whilst still trying to settle the matter prior to any court trial. 

Civil litigation involving proceedings in Court is inherently risky and costly however we provide transparent costing and unbiased advice to ensure a cost-effective result for every client.

 

Disputes & Civil Litigation

Frequently Asked Questions

What is civil litigation?

  • Civil litigation is the process of resolving disputes between parties that are seeking economic damages or specific performance in the alternative to criminal sanctions.

  • It includes any disputes between parties prior to proceedings being commenced (such as pre-action notices) and the initiation and defence of proceedings in Court and Tribunals.

  • Civil litigation also involves alternative avenues of dispute resolution – such as negotiation, mediation and arbitration.
     

What is Commercial Litigation?

Commercial litigation (also known as business litigation) is civil litigation that involves one or more business entities or business people (such as director(s) of a company) as the parties in dispute.

For example: the types of litigation that fall under commercial litigation are building and construction disputes, disputes against an insurance company, intellectual property litigation and insolvency disputes.
 

How can I resolve a dispute?

The best outcome for any dispute is for it to be resolved before Court proceedings are commenced. The Uniform Civil Rules 2020 encourage disputes to be resolved and matters to be settled before proceedings are commenced in the Magistrate, District or Supreme Court. We can assist in resolving any disputes by meaningful correspondence with the other party in an attempt to settle the matter before Court proceedings are necessary.

Are there alternatives to litigation?

  • Alternative Dispute Resolution (ADR) is available to you and involves negotiation, mediation, conciliation and arbitration.

  • Negotiation and mediation between the parties are more informal and facilitative as they provide the parties with more autonomy.

  • Arbitration is more formal (and somewhat court-like) and is appropriate if the dispute is complex.

  • Conciliation is useful if either of the parties do not have legal representation.
     

What should I do if I am being sued?

You should engage a solicitor as soon as possible as your time to respond and/or defend yourself may already be running out.

If you do not have the means to engage a solicitor, the Legal Services Commission may grant legal aid if the matter is a minor civil matter (for example, civil disputes involving up to $12,000).

How long will my case take if it proceeds through the court?

This, of course, depends on the complexity of the matter and the attitude of the parties as to whether they are agreeable to attempt to settle the matter along the way. However, Court proceedings typically take from one year to several years to finalise, so it is in the interests of all parties to attempt to resolve the matter before Court proceedings are necessary.

What is Estate Litigation? 

Estate litigation commonly involves disputes surrounding the interpretation or challenges of wills, inheritance claims, proper use of powers of attorney and the tracing of assets (and the recovery of those assets). If you wish to bring a claim against an estate, you should not delay in seeking advice from our estate litigation team. Again, this type of litigation can be resolved through negotiations between the parties. Should the matter not resolve by negotiation, then Court proceedings may be instituted (and our experienced team will be prepared to act for you).

What are the kinds of civil litigation cases CPC lawyers can represent?

  • We can represent you on any civil litigation matters.

  • We most commonly represent parties involved in disputes relating to breach of contract, intellectual property, building and construction and property (i.e. disputes with neighbours such as fencing disputes).
     

Defamation, how does CPC Lawyers approach this? 

Defamation is where a person or company seeks damages such as loss of reputation due to a person or company publishing defamatory material. Our initial approach in any defamation matter is to request that the defamatory material be removed from the avenue to which it is being published (i.e. on a particular website) before preparing a pre-action notice to be sent to the offending party. If the matter is not resolved by any pre-action steps following that notice, then we recommend commencing Court proceedings seeking damages for the publication of the defamatory material.

What is the first step before commencing litigation?

Ideally, the first step is to engage a solicitor so that you are not engaging directly with the other party (that you are in a dispute with).

Through correspondence between solicitors, the matter should be attempted to be resolved and/or settled. This involves pre-action steps which include a pre-action notice, pre-action response, pre-action reply and a pre-action meeting between the parties to attempt to resolve the matter. If the pre-action meeting does not successfully resolve all of the matters in dispute, then Court proceedings may be instituted (and our experienced team will be prepared to act for you).

 

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