Litigation Lawyers
When it comes to litigation, Pera Lawyers takes pride in rigorously advocating and fighting for its clients and their interests. We have expertise in dealing with complex litigious matters and can defend and issue proceedings on behalf of clients in all Victorian and Federal Courts and Tribunals.  In the context of litigious disputes, we represent both sides—the plaintiffs and the defendants—in private discussions, meditations, and litigation proceedings all the way up to and including trial.
Our experience and expertise allows us to manage the risks of litigation and ensure that you have the right advice. We are able to engage expert counsel (barristers) on behalf of our clients and ensure that you have robust representation at all times.
Our litigation lawyers are able to represent you in a broad range of litigious matters, including:
  • General commercial and contractual disputes
  • Property disputes including lease disputes and building and construction disputes 
  • Negligence claims
  • Employment disputes
  • Debt recovery including enforcement of court orders
  • Part IV Claims and testator maintenance estate litigation
  • Franchise disputes
  • Intellectual property disputes
  • Partnership disputes
  • Liquidation, insolvency and bankruptcy
  • Shareholder disputes
  • Administrative law disputes against regulatory bodies
If we are not able to represent you, we can often provide you with the details of another suitable lawyer or a referral service.
CONTACT OUR 
LITIGATION LAWYERS

RETAINING A LITIGATION LAWYER

When engaging a litigation lawyer, it is helpful for clients to be mindful of the following:
1. Are there any applicable time restrictions to your dispute?
The law does not favour those who "sit on their hands". If you have been served with court documents or believe you need to issue proceedings, then you should speak to a lawyer without delay. Most court documents will have a strict period of time in which you need to file a defence. In addition, some claims must be made within a prescribed period of time or you will lose your rights.
2. Have you prepare a chronology and summary of what events have transpired that caused the dispute?
Taking some time to prepare a timeline of events will help your lawyer to gain an understanding of the nature of the dispute and advise you accordingly. 
3. What evidence do you have in support of your position?
The success or otherwise of your case will often fall on a combination of the applicable law and what evidence you have available to support your position. Clients who are able to think about and organise their evidence will be able to get the most out of their litigation lawyers advice. Sometimes evidence will need to be preserved and you should speak to your litigation lawyer about legal options available to you.
4. Have you thought about negotiating a resolution?
A compromised outcome can be a powerful tool in litigation. It allows both sides to reach a resolution in a quicker, more cost effective and less risky manner.  A good litigation lawyer will encourage their client to consider both the outcome they desire and an outcome they can live with.  

DISPUTE RESOLUTION PROCESS

Being prepared and organised will assist your litigation lawyer with preparing your case.  
Generally, in litigation, one party will on the receiving end of litigious proceedings (defendant) from the initiating party (plaintiff). A defendant has the option of filing a counterclaim against the plaintiff where appropriate. Whether you are a plaintiff or defendant, you should consider obtaining legal advice as soon as possible so that your litigation lawyer can formulate a strategy that minimises your risk and increases your chances of success. The process of litigation can, in its most basic form, be explained as follows:

Claim - the plaintiff will generally file a statement of claim setting out their claim against the defendant. This is typically done after an initial letter of demand has been sent. 

Defence - the defendant will file their defence to the statement of claim. At this point the defendant may consider filing a counterclaim or joining a third party into the claim (for example if there should be joint liability).

Discovery - both sides are obligated  to discover to the other side relevant evidence and documents to the dispute.  

Mediation - the parties will be required by a court or tribunal to attend a mediation to see whether agreement can be reached on a resolution to the dispute.

Trial - the parties will attend a hearing in court and present their evidence to a judge. The judge will then decide the outcome by making a court order. The losing party will often be required to pay the legal costs of the other side (in addition to their own legal costs) as well as any amounts ordered by the court.   

There are many different factors that might lead to problems and disagreements in the commercial sector. In most cases, the objective is to find a fair resolution that can be accepted by both sides. Sometimes the objective is to fight as hard as possible, particularly when there is a compelling legal argument. A litigation lawyer will be able to advise you at each step.

FREQUENTLY ASKED QUESTIONS

Common questions from clients that our litigation lawyers answer include: 

In the legal profession, a barrister is a lawyer who has received additional education and training to focus on advocacy. A lawyer/solicitor will often hire a barrister to represent their client in difficult legal cases, where court appearances are necessary and to offer written advice in specialised areas of law. Typically, most of a barristers work will be done through a lawyer and they won't communicate with the client directly. 

The process of mediating a dispute is a kind of structured negotiation in which an impartial third party, known as a mediator, aids the parties in identifying and evaluating their choices, as well as in negotiating an agreement to settle their conflict. It often a preferred alternative to having the risk and uncertainty of a court imposing a judgement on the parties. Mediations are typically conducted on a "without prejudice" basis. This means that any discussions, offers or admissions made during a mediation cannot be used as evidence against the other party at a later time. Mediations are conducted in this manner to allow a the parties to be fully frank in their communications with each other during negotiations. 

Unless there is an urgency to an application (such as an injunction), typically, a civil trial will not begin until nine to twelve months after the Complaint has been filed. This, however, is very flexible and will alter based on the specifics of the case, the legal issues at stake, and the court's schedule and availability. It's not unusual for cases to remain pending in court for some time. 

Client Testimonials

PERA LAWYERS

Copyright © 2020 Pera Lawyers Pty ltd (ACN 646 048 419) as trustee for the Pera Trust trading as Pera Lawyers (ABN 454 994 910 21) - All Rights Reserved.


LIABILITY LIMITED BY A SCHEME APPROVED UNDER PROFESSIONAL STANDARDS LEGISLATION