Dispute Resolution & Litigation

About dispute resolution & litigation practices

Litigation lawyers run and defend disputes: debt recovery, contract and property disputes, defamation, professional negligence and shareholder disputes, as well as negotiation, mediation and arbitration before anything is filed. Civil procedure is State-based, so the courts, costs rules and limitation periods in each State and Territory shape the strategy.

  • Contract and commercial disputes
  • Debt recovery and enforcement
  • Property, building and neighbour disputes
  • Defamation and reputation
  • Professional negligence
  • Partnership and shareholder disputes
  • Mediation, arbitration and settlement negotiation

Questions to ask before you instruct

  1. What are the strengths and weaknesses of my position, honestly?
  2. What will it cost to get to mediation, and to trial?
  3. What is my exposure to the other side's costs if I lose?
  4. Should this be in the tribunal, the Magistrates Court or a higher court?
  5. What is the limitation period, and how much of it is left?

Costs and funding

Litigation is usually charged hourly with budget estimates for each stage. The losing party is often ordered to pay a portion of the winner's costs, so the risk cuts both ways. Smaller claims in each State and Territory can be run in the State civil and administrative tribunal or the small claims division, where legal costs are limited.

Litigation Lawyers by city

General information, not legal advice. Confirm a practitioner's current practising status with the regulator in their State or Territory: see our disclaimer.

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