Civil Disputes
Civil litigation is the process of dispute resolution between members of a community through the court system. Civil law grants individuals the right to sue for compensation or for specific actions such as breach of contract, defamation, and negligence.
When can I sue someone?
If you feel that you’ve been wronged, but it’s not a criminal matter to be dealt with by the police, you may be able to commence a lawsuit against someone. The kinds of disputes that are dealt with under civil law include disputes between:
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Neighbours
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Customers and suppliers
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Business partners
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Commercial landlords and tenants
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Buyers and sellers of property
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Homeowners and builders
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Executors or beneficiaries in deceased estates
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Creditors and debtors
Different kinds of legal cases have different time limitations imposed, so you must seek legal advice quickly to find out if you can commence legal proceedings.
Before court proceedings are commenced, the first course of action is always to seek a resolution to the dispute, saving both time and money. There are a number of alternative dispute resolution methods which can be used, including round table negotiation, conflict mediation, conciliation, and arbitration. Dispute resolution lawyers can assist with this process.
If all attempts to settle the dispute fail, then the dispute will be taken to trial.
Trial proceedings are lengthy and somewhat complex but involve the stages of commencing proceedings, pleadings (where the dispute is described by the plaintiff and defended by the defendant), discovery (disclosure of documents by both sides), trial (where the judge will hear the testimony of witnesses and make a ruling in the dispute), settlement and appeal.
The particular court forms that need to be completed to commence a civil suit vary according to the type of dispute and your state, so it’s best to seek legal advice regarding this.
How to file a law suit – the civil litigation process
How we can help you resolve your civil dispute & litigation
We are experienced Lilydale and Eastern Melbourne litigation lawyers and have proven experience across a wide range of Victoria civil suits, including:
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Commercial litigation
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Business litigation
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Dividing fence disputes
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Breach of contract
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Will disputes
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Debt recovery
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Building and property disputes