What is Civil & Commercial Litigation

Civil and Commercial litigation is the process of dispute resolution between individuals and/or companies through the court system. Civil law grants individuals and/or companies the right to sue for compensation or for specific action in a variety of matters, which include actions for breach of contract, defamation and negligence.

When can I sue someone?

If you feel that you’ve been wronged but it’s not a criminal matter to be dealt with by the Police, then you may be able to commence a claim against someone. The kinds of disputes that are dealt with under civil law include disputes between: –

  • Neighbours
  • Customers and suppliers
  • Business partners
  • Landlords and tenants
  • Buyers and sellers of property
  • Home owners and builders
  • Employees and employers
  • Executors or beneficiaries in deceased estates
  • Owners of copyrights and patents
  • Creditors and debtors
  • Accident victims

Different kinds of legal cases have different time limitations imposed so it’s important that you seek legal advice quickly to find out if you can commence legal proceedings.

How to file a claim – the civil litigation process

Prior to court proceedings being commenced, the first course of action is always to seek a resolution to the dispute, saving both time and money. There are a number of alternative dispute resolution methods which can be used including round table negotiation, conflict mediation, conciliation, and arbitration. Dispute resolution lawyers can assist with this process.

If all attempts to settle the dispute fail, then the dispute will be taken to trial by issuing a claim at Court. There are a variety of civil procedure rules which apply to bringing legal claims which need to be adhered to.

Trial proceedings are lengthy and somewhat complex. The particular court forms which need to be completed to commence a civil claim can vary according to the type of dispute so its best to seek legal advice in regard to this.

How we can help

We are experienced to handle a variety of dispute resolution matters (whether acting for claimants or defendants) and Mr Oberoi has a proven experience across a wide range of claims including: –

  • Commercial litigation
  • Business litigation
  • Employment litigation
  • Will disputes
  • Debt recovery
  • Building and property disputes
  • Breach of contract

Contact us to arrange a consultation.