Civil litigation law deals with cases that aren’t criminal in nature. Many issues may be addressed in these lawsuits, including personal injury claims, probate disputes, bankruptcy and debt recovery.
A court or tribunal is the primary venue for civil litigation in civil law, and each court and tribunal has its governing statute and amendments to it. The NSW District Court Act (1973), for example, states that the size of a claim determines the district court’s jurisdiction. Civil Procedure Act (2005) specifies a limit of $750,000 for such claims, with more significant amounts referred to the Supreme Court by default.
Litigation in civil cases may also be dealt with by tribunals and courts specializing in certain law aspects. New South Wales has Land and Environment Courts, Children’s Courts, Coroners Courts, and Drug Courts. Tribunals like the Dust Diseases Tribunal and the Administrative Appeals Tribunal hold significant influence in New South Wales.
Among other things, we draft or review a Letter of Demand, draft or respond to a Statement of Claim, file a Defense, attend mediations, advise on property and construction disputes, advise on bankruptcy matters, and advise on wills and estate matters.
To resolve disputes between different parties, one needs tact, patience, and a thorough knowledge of the law and court procedures. Lawyers who practice civil litigation, also known as litigators or civil lawyers, are litigators.
Our civil lawyers help you in multiple areas of civil litigation including below:
Reviewing or drafting a Letter of Demand
Someone who owes money and has attempted unsuccessfully to collect it may send a demand letter. A demand letter is usually the last step before filing for bankruptcy.
The number of the debt, what it pertains to, and when it is due are all stated in a letter of demand. The letter often contains a warning that legal action will be taken if the money is not paid by the specified date.
Demand letters are sometimes necessary, but they can also lead to disputes and detrimental effects on business relations. Before sending a letter of demand, you should consider what is outlined in the following article.
Our experienced civil lawyers help you to review or draft the letter of demand for you cooperatively.
Dealing with Property and Building and Construction Disputes
Building disputes are as likely as ever on the Gold Coast due to the growth of infrastructure in domestic and commercial buildings. Obtaining legal advice promptly is essential when a building dispute arises so that the construction, settlement, or move into a building proceed according to plan.
Building and construction disputes are an area of expertise for our litigation and dispute resolution civil lawyers. A few of these have been successful litigations before the Queensland Civil and Administrative Tribunal (QCAT). We are always aware of the latest news, legislation, and resources relevant to Australia’s building and construction industry because we are members of the Society of Construction Law Australia.
Our civil lawyers are expert in dealing with property and building and construction disputes.
A bankruptcy filing may be necessary if you cannot pay your debts and have disagreed with your creditors about repayment.
In a bankruptcy proceeding, a trustee is appointed to manage your assets and income so that your debts can be discharged. However, you must clearly understand the consequences of declaring bankruptcy before you do so because it will severely impact your future.
Making an informed decision about your financial situation is possible if you understand the Bankruptcy Laws and get expert legal advice.
An individual can declare bankruptcy either by petitioning the Federal Court on his or her behalf (known as a ‘debtor’s petition’) or by a petition filed by one of his or her creditors (known as a ‘creditor’s petition’).
Our civil lawyers will begin investigating your financial affairs once they receives your statement of affairs (whether by debtor’s or creditor’s petition). Additionally, your creditors will be notified that you have been declared bankrupt, and again after your Trustee determines how best to handle your debts.
Litigating Wills and Estates
A will is a legal instrument that specifies how your estate will be divided after you die. It consists of the assets you own and the liabilities you owe. This will ensure that all your documents are properly prepared and witnessed. You may need to pay a legal fee.
Our experienced civil lawyers help you Litigate Wills and Estates.