• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
[email protected] (02) 9299 4912

Lawyers Sydney | Solicitors in North Shore, Sydney

  • Home
  • Our Story
    • Our Community
    • Our Environment
  • Our Services
    • Sydney’s Premier Commercial Law Firm
      • Starting A New Business
        • New Business Structures
      • Buying & Selling a Business
        • Corporate Mergers and Acquisitions (M&A)
        • Sale or Purchase of Shares in a Private Company
        • FAQ – Sale of Business
        • FAQ – Purchase of Business
      • Commercial Dispute Resolution Law in Sydney
      • Corporate Governance & Asset Protection
      • Intellectual Property & IP Law
      • Contract Law
      • Climate Change, Energy Law & Carbon Trading
    • DEBT RECOVERY LAW
      • Debt Recovery Process
      • Enforcing a Debt or Judgment
      • Car Accidents & Motor Vehicle Claims
    • PROBATE LAW
      • Applying for a Grant of Probate
      • Contesting a Will
      • FAQ’s – Executors and the Administration of Deceased Estates
    • Civil Disputes & Litigation
      • Commercial Dispute Resolution Law in Sydney
        • Shareholder Disputes
        • Partnership Disputes
        • Director’s Disputes
        • Contract & Property Disputes
      • Litigation
        • COMMERCIAL LITIGATION LAWYERS IN SYDNEY
      • Negligence
      • Alternative Dispute Resolution (ADR)
    • Property & Conveyancing
      • Retail & Commercial Leases
      • Selling a Property
        • FAQ – Selling a Property
      • Buying a Property
        • FAQ – Buying a Property
      • Transferring Property in NSW
      • Property Owners Disputes
      • Caveats
      • Mortgages & Securities
      • Option Agreements
      • Electronic Conveyancing in NSW
    • WILL DISPUTE LAW
      • Drafting a Will
        • Children in Wills
        • Letter of Wishes
        • Digital Assets in a Will
      • Power of Attorney
      • Guardianship & Enduring Guardians
      • Elder Law
      • FAQ’s – Wills and Estates
    • Bankruptcy & Insolvency
      • Personal Bankruptcy
        • Bankruptcy Notices
        • Debt Agreements
        • Enforcing a Debt or Judgment
      • Company Insolvency
        • Creditor’s Statutory Demand
        • Creditor’s Petition
        • Winding Up or Deregistering a Company
    • Building & Construction
      • Building & Construction Contracts
      • Building & Construction Disputes
      • Security for Payments Act
    • SYDNEY EMPLOYMENT LAW
    • Insurance Law
    • Public Notary
  • Online Quotes
    • Simple Will Quote
    • Debt Recovery Quote
    • Conveyancing Quote
  • Meet the Team
    • Michelle Rockliff
    • Nicole Rockliff
    • Sarah Mooney
    • Nathan Rockliff
    • Trudy David
  • News & Articles
  • Contact Us
You are here: Home / Civil Disputes & Litigation / Litigation

Litigation

Litigation is a word used to describe disputes that end up in Court.

At Rockliffs Lawyers we have vast experience in most areas of Civil and Commercial litigation. We represent all types of clients, from all different walks of life, from sophisticated wealthy clients to pensioners, business owners, doctors, solicitors, accountants, farmers, construction workers, and so on. We represent clients in many different types of disputes ranging from simple and small debt recovery disputes in the Local Court, to large-scale and complex, multimillion-dollar disputes in the Supreme Court of NSW.

Let our experience be your guide!

litigation

What to expect in legal proceedings?

Legal proceedings are difficult on most clients – it can often involve complex legal issues and arguments;  it can be emotionally draining, cause financial strain, take a toll on peoples’ personal lives and relationships and require a lot of personal time and effort.

Having a solicitor to guide you and navigate the legal side of your case will take some of the burden off you with a view to working towards the best outcome for you. At Rockliffs Lawyers we listen to our clients’ needs and concerns and attempt to address those as best we can. We adopt a client-focused approach and also aim to deal with your concerns and respond to emails and calls as soon as possible.

Common steps prior to litigation

The steps that are taken before commencing legal proceedings depend on a number of factors. These include the nature and complexity of the case, the amount or ‘quantum’ in dispute, the client’s needs including their financial circumstances and the urgency of the matter.

Briefly, some of the steps you could expect before commencing litigation:

1. We set up an initial conference with one of our experienced litigation lawyers during which we will take your instructions and ask questions which would assist us in tailoring our specific advice to your facts.

2. We normally request that you prepare a statement so that we know what your story is and what your case is about. It is not the final statement, but simply a draft that we will use, and if prepared by you, will assist in reducing your legal costs.

3. We will then review your statement and any other documentary evidence that you have provided to us.

4. After reviewing the evidence available, we then determine what causes of action you may have, in other words, what claims you may be able to bring against other parties, or if you have had legal proceedings commenced against you, we will determine what Defences you may have. Additionally, if you are commencing a claim, we will advise you on which Court to commence the legal action.

5. If necessary, we will brief a Barrister to give an advice on certain questions of law, evidence or procedure. Some examples of when this is necessary or appropriate include complex or technical cases, cases where the outcome or cost is likely to be significant, a matter where a substantial sum or property is in dispute, or where specialist advice is beneficial or necessary.

6. If appropriate, we may contact the other side or their legal representative, send a letter of demand and invite the parties to have an informal conference to discuss and attempt to resolve the dispute on a commercial basis.

7. If that fails, we will then draft the originating process, being a Statement of Claim or Summons, depending on which is appropriate for the case in question.

Common steps in litigation

In litigation, the steps that we take are often determined by the nature and complexity of the claim, the amount in dispute and the approach taken by the other side. However, below are some of the common steps that you can experience in litigation:

1. Commence Proceedings – by Statement of Claim or Summons – this document sets out your case, the legal claims you are bringing and the remedies or relief you are seeking from the other party.

2. File a Defence in Court – the other party is required to file a defence or response to your claim. If you are the defendant, in the NSW jurisdiction you will need to put on a defence within 28 days of being served with the Statement of Claim by the other party. If you do not, the plaintiff may proceed to file default judgment without giving notice to you.

3. Cross claims – in some cases, the defendant may bring a cross-claim against the plaintiff, or a fellow defendant or a third party. If a cross-claim is made, you would normally then file a defence to the cross-claim.

4. Each party to file their evidence – plaintiff files their evidence in support of their claim and then the defendant files their evidence in response. Sometimes there is also a need for evidence in reply, or expert evidence on a particular issue;

5. Discovery – sometimes it is necessary to seek documents from the opposing party, if the documents have not already been provided in evidence. This process is called ‘discovery’. In NSW discovery is not an automatic right and if a party wishes for another party to the proceedings to disclose their documents, the party seeking access needs to make an application to the Court setting out the documents they seek and why they are seeking the documents be produced (that is, why are the documents relevant or likely to be relevant to their case);

6. Filing of expert evidence, if appropriate in the case. In many cases, experts are used to give an opinion on matters in which they are qualified to provide an expert opinion. For example, as a Doctor who is experienced and specialised in heart surgery, giving his opinion on whether a heart surgery procedure was undertaken with due care and skill.

7. Participate in Alternative Dispute Resolution procedures, such as Mediation, Conciliation, or other informal settlement negotiations prior to the hearing.

8. Preparing the matter for a Hearing, if the matter is not settled.

Get in touch with the highly experienced Sydney litigation lawyers at Rockliffs Lawyers if you are thinking of going to Court.

Primary Sidebar

Litigation

  • COMMERCIAL LITIGATION LAWYERS IN SYDNEY

News & Articles

Managing Employees in Australia given the Impact of COVID-19

  We stress that due to the unprecedented nature of the pandemic and the very rapidly changing landscape, the guidelines below are general in nature and subject to change. Many of the laws that now apply to this situation were not written with regard to what is currently occurring. Therefore please exercise caution in relying […]

Temporary Changes to Insolvency Laws in Australia due to the Coronavirus (COVID-19) Crisis

In a move aimed to lessen the economic impact on businesses and individuals caused by the Coronavirus pandemic, the Australian Government has introduced some changes to insolvency laws in Australia that apply to personal and corporate insolvency regimes. This includes a temporary increase to the threshold in which creditors can issue a statutory demand on […]

Coronavirus (COVID-19) Update

Following on from the extensive reporting in relation to the COVID-19 pandemic we have implemented a number of protocols to enable the business to continue operating if a staff member or principal is diagnosed with the virus and/or the office needs to close for a period of time. Our staff and principals have adopted best […]

Footer

The Rockliffs Lawyers Difference

We provide pragmatic and practical solutions to your legal needs
We have decades of combined experience
Our lawyers and consultants are experts in their field to enable us to give you tailored legal advice to suit your specific needs

Contact Us

  • Suite 14, Level 26, 44 Market St Sydney NSW 2000
  • (02) 9299 4912

Connect With Us

  • Email
  • Facebook
  • LinkedIn

Newsletter

Sign up to our newsletter for updates on our latest news, articles and special promotions!

Our website does not give legal advice. All materials are for informational purposes only and should not be relied upon as legal advice. The use of this website is subject to our:
WEBSITE DISCLAIMER – PRIVACY POLICY – TERMS & CONDITIONS OF USE
Liability limited by a scheme approved under Professional Standards Legislation.Copyright © 2020 · Website hosted by Lift Legal Marketing · Log out