CIVIL LAWYER

What is civil litigation?

If your civil law matter cannot be resolved by mediation or settlement negotiations, the dispute may need to be resolved by a Court or Tribunal. This process is called civil litigation, which simply refers to the process of applying to the Court or Tribunal for a legal remedy such as compensation, preparing for and attending hearings, and having the matter decided by that Court.

Civil litigation can be a complex, time-consuming, costly and emotionally-draining process. Civil litigation matters involve court-specific forms and procedures and complicated legal authority requiring experienced lawyers who specialise in the areas of law relevant to the civil dispute. Often, civil litigation matters consume months and years rather than days and weeks. Where a dispute involves people close to one another, such as in family law matters, civil litigation can exacerbate the tensions involved in the dispute resolution process and the “us vs. them” mentality that accompanies many civil disputes.

In addition, limitation periods applicable in each Australian jurisdiction mean that time limits apply to making of civil claims. Often these time limits can be difficult to navigate and differ depending on the nature of the civil dispute. In some civil matters such as unfair dismissal or unpaid wages matters, time limits can be as little as 28 days. This means that claimants need to act quickly to ensure that they are able to obtain the compensation they deserve, and to minimise the risk that a Court will refuse any entitlements because the claimant is either out of time, or has allowed damage to continue. 

Why would I litigate my civil matter?

Despite all of the complexities involved with many civil matters and the dispute resolution mechanisms available, there are significant advantages to pursuing your civil dispute through a Court or Tribunal. First, there is no limit on the amount of compensation (called “damages” in a civil litigation context), provided you are able to prove that you have suffered loss or damage, or are otherwise entitled to that compensation. Courts also allow for compensation from a wrongdoers employer, meaning that where a civil dispute arises and the defendant was acting in the course of their employment, compensation may be claimed from the employer. This vastly increases the likelihood of a favourable outcome for claimants.

In addition to compensation, Courts are also able to award further “damages” where a defendant has acted with disregard for a claimant, or out of malice. These damages can often be lucrative and difficult to obtain outside of Court. 

In addition, While civil litigation can be costly, civil matters are resolved through a settlement negotiation prior to the matter being heard in Court or any court processes being engaged. Even the threat of civil litigation, and the significant costs involved in defending a claim, can be a critical negotiation tool in the favourable resolution of a civil dispute for a claimant. Our legal team is available to guide you through this process with high quality legal advice, to represent you in any correspondence and negotiations, and to fight for your right to any compensation or remedy to which you are entitled.

What is the difference between a Court and a Tribunal?

While Courts have a general jurisdiction (authority) to hear any range of civil matters, Tribunals are established by law and usually specialise in the hearing of disputes that fall into a specific category. If your civil dispute falls within such a category, then generally the relevant Tribunal will be your first avenue for dispute resolution.

For example, any tenancy or lease disputes in NSW will generally be required to be brought before the NSW Civil and Administrative Tribunal (NCAT), which has a division with specific jurisdiction to hear tenancy and lease disputes. Similar divisions exist in respect of home building claims, consumer, and commercial claims. NCAT is designed to be accessible and provide specific early dispute resolution facilities to aid in the cheap and quick resolution of the kinds of disputes that fall within the tribunal’s jurisdiction.

If a civil dispute is heard by a Tribunal such as NCAT and a party is not happy with the decision made by that Tribunal, then in some instances they may appeal that decision to an “Appeal Panel”. Depending on the nature and scale of the dispute, the matter can then be further appealed to a Court. In NSW, NCAT decisions can be appealed to the District Court, the Land and Environment Court, or the Supreme Court, depending again on the nature and scale of the dispute and the grounds for appeal.