Friday, 19 May 2017

What is Civil Litigation?

Litigation is the term used to describe proceedings initiated between two opposing parties to enforce or defend a legal right. It is not a Criminal prosecution but rather a Civil matter.  Civil Litigation is typically settled by agreement between the parties, but may also be heard and decided by a magistrate or judge in court or an arbitrator in some instances.

Contrary to popular belief, litigation is not simply another name for a lawsuit. Litigation includes any number of activities before, during, and after a lawsuit to enforce a legal right. In addition to the actual lawsuit, pre-suit negotiations, arbitrations, facilitations and appeals may also be part of the litigation process.

Civil litigation includes matters before the Supreme Court, the District Court, the Local Court, the Land & Environment Court, the Family Court, the Federal Court, the Motor Accidents Authority Tribunals, the Workers Compensation Commission and even the NSW Civil & Administrative Tribunal (NCAT).  Solicitors have a right of appearance in all Courts and most Tribunals.  Appearances in NCAT in most matters requires leave of the Tribunal to appear for a client.

Litigation begins the moment someone decides to formally enforce or defend his or her legal rights. In most cases, this happens the moment a party engages a Solicitor to represent their interests. Most Solicitors engage in a variety of “pre-suit” litigation activities. These can include many things, from writing a letter on a client’s behalf called a demand letter, to demand compensation. However, there are several different steps in litigation that occur in nearly every case.  For further information contact us.

Electronic Conveyancing Transfers Guarantee

There has been lately some national media publicity about lost monies in the Electronic Conveyancing (also known as PEXA).   This was wher...