A litigation lawyer represents clients in legal disputes, specialising in court, arbitration, mediation, and other dispute resolution methods. They handle commercial, civil, and criminal cases, drafting legal documents and advocating for clients.
Litigation lawyers may specialise in specific types of litigation, such as:
Commercial and Business Litigation
Involves disputes related to business transactions, contracts, partnership agreements, and corporate governance.
Civil Litigation
Encompasses a broad range of disputes between individuals or entities over rights, obligations, and damages that do not involve criminal sanctions.
Criminal Litigation
Deals with crimes against the state or society, where the government prosecutes individuals or entities accused of criminal activities.
Employment and Labor Litigation
Involves disputes between employers and employees or labour unions, including issues like discrimination, wrongful termination, and wage disputes.
Personal Injury Litigation
Relates to cases where individuals seek compensation for injuries sustained due to the negligence or wrongful acts of others.
A civil litigation lawyer in Australia handles non-criminal disputes in contracts, torts, property law, family law, and employment law, advocating for clients through negotiation, mediation, or court proceedings.
Case Evaluation
Australian civil litigation lawyers start by assessing the merits of the case, considering the relevant laws and the evidence available.
Pleadings and Court Filings
They prepare and file necessary documents with the court, such as statements of claim, defences, and counterclaims, adhering to strict procedural rules.
Discovery
This phase involves the exchange of documents and evidence between the parties, a process governed by rules that aim to ensure fairness and transparency.
Pre-Trial Proceedings
Includes attending directions hearings and possibly mediation or settlement conferences to try and resolve the dispute before trial.
Trial
If the case proceeds to trial, the lawyer presents the case, including opening statements, evidence presentation, witness examination, and closing arguments.
Settlement Negotiations
Throughout the process, the lawyer may engage in negotiations to settle the dispute out of court, often a preferred outcome due to the time and cost savings.
Appeals
If necessary, the lawyer can file an appeal against the court's decision, provided there are grounds such as a legal error or a miscarriage of justice.
A commercial litigation lawyer in Australia specialises in resolving disputes related to business and commercial transactions, including contracts, finance, mergers and acquisitions, intellectual property, competition, and corporate governance. They navigate the complexities of commercial law to protect clients' interests through negotiation, alternative dispute resolution (ADR) methods, or court proceedings.
Commercial litigation in Australia is governed by both federal and state laws, and cases can be heard in various courts depending on the nature of the dispute, the amount involved, and specific legal issues. Specialised tribunals and courts, such as the Australian Competition Tribunal and the Intellectual Property Court, may also hear certain types of commercial disputes.
