Litigation Lawyers

About Litigation

A plaintiff commences litigation by filing the appropriate originating process at the relevant court, stating their cause of action and claim. The originating process is then served on the defendant, after which, the parties will proceed to discovery. Discovery is a compulsory process of disclosure that allows the parties to obtain documents which are relevant to the case.

The court may require the parties to attempt to settle the dispute through mediation and will appoint a mediator to facilitate the settlement.

Where mediation is unsuccessful, the case will proceed to trial. During trial., each party will have the opportunity to present their case in detail to the judge, call witnesses and tender evidence. A Trial may be completed in several sittings, after which, the judge will issue a judgment.

Any party who is unhappy with the judgment in the matter may proceed to appeal against it at the appellate court.

In Victoria, wide ranging reforms commenced with the introduction of the civil procedure Act 2011. Of key importance is the need to a party to have a proper basis in suing. There are now overarching obligations which apply to all parties and stakeholders associated with a proceeding and severe penalties can be ordered in cases where there has been a frivolous or abuse of process. These reforms ensure a more just, efficient and timely resolution of legal disputes than the ‘old days’ when highly resourced litigants could use the court system to wear down their opponent in unnecessary and abundant legal actions.