Litigation law in Cairns can seem complex and somewhat confusing for the majority of us. However, if you’re involved in a civil lawsuit you shouldn’t be feeling overwhelmed by the legal jargon or the various steps involved. Civil lawsuits aren’t that difficult to get to grips with once you’ve got a better understanding of the terminology and the steps involved.

We understand that for most people dealing with disputes and litigation can be stressful and expensive. We’re here to help make the litigation process as simple and easy as it can be while doing all we can to achieve the very best outcome for your case.

Litigation requires expert legal advice and support. Time is often of the essence with regards to litigation. So, if you want to enforce your legal rights, or if a claim has been filed against you, then don’t delay. Call Strategic Lawyers to arrange a meeting with one of our solicitors.

Meanwhile, we’ve explained below in more detail, things to consider when it comes to litigation law in Cairns and how to choose the right lawyer. So, read on to learn more.

What is civil litigation?

Civil litigation law is intended to resolve lawsuits which fall outside of any criminal jurisdiction. It covers a range of issues such as debt recovery, bankruptcy, personal injury claims, and deceased estate disputes, and is usually handled by the courts. Civil lawsuits typically involve individuals, groups of people, and businesses.

Here at Strategic Lawyers, our experienced litigation lawyers have a deep understanding of the law and the different court procedures involved in resolving disputes between parties.

Using their specialised legal skill sets together with sprinkle of tact and patience, they strive at all times to approach a lawsuit in whatever way is best for their client. Whether you are bringing or defending a claim, our litigation lawyer will tailor their service to maximise the chance of a favourable outcome.

How can our litigation lawyers help you?

We’re here to guide you through the complex jargon which you’ll find in all legal matters. We use simple, clear language that everyone can understand, which is why hiring Strategic Lawyers is extremely helpful when it comes to dealing with litigation law in Cairns.

Assistance with documents

Our litigation lawyers work tirelessly to ensure you’re fully informed during all the stages of the litigation process. In doing so, they will assist you with the following documents and will know the timeframe for completing each one.

• Complaints – This is a formal document that’s submitted to the court by the plaintiff. It contains a description of the events which lead to the dispute and also establishes a legal basis for holding the defendant responsible for their alleged actions.
• Affidavits – This is a written statement that is prepared by the plaintiff. It’s a means of presenting the facts of the case to the court and must also be served on all parties.
• Defences – This form is used if you do not accept a claim that is being brought against you. It outlines the legal reasons for not accepting the claim filed against you and is called your ‘defence’.
• Discovery – This step occurs after both parties have completed the proceedings process. This is generally the longest part of civil litigation law in Cairns and is the process whereby both parties attempt to find information to strengthen their arguments. Also, the Discovery process prevents parties from hiding any information from one another.
• Interrogatories – This is a list of questions that one party sends the other during the Discovery process. The recipient has to answer the questions under oath and according to the schedule laid out by the court. Usually, litigation lawyers help their clients to answer these questions in a finely crafted manner.
• Further and Better Particulars – This is a procedure where a party to a claim in either a tribunal or court can ask for additional information about the other party’s claim or defence.

Representation

Our litigation lawyers can represent you in court, arrange a Barrister to represent you, or help prepare you to represent yourself, depending on your needs and circumstances. Whatever you decide, some of the important aspects and possible consequences you need to be aware of include:

• How to start an action in the State or Federal Courts
• The necessary response to a claim filed against you
• Whether alternative options exist outside of court to resolve the dispute
• How to restrict an opposing party from undertaking certain acts
• How costs are calculated and where, if possible, they can be reduced
• How time constraints are worked out and how they affect limitation periods
• Your responsibilities in providing evidence which supports your claim
• What effect formal offers to settle could have on your position
• Whether you need the advocacy and expert opinion of a Barrister
• How your Court Order can be enforced

Litigation law in Cairns – how to find the right lawyer

Finding the right lawyer can be tricky since you need to consider the experience they have and their personality. Naturally, experience is very important, but litigation experience varies considerably compared to other types of legal experience. For instance, a lawyer who has been involved in litigation for just a few years may have more experience in that area then a lawyer who has been practising for decades. In other words, ask how much experience they have in litigation as opposed to how many years they have been practicing. This way you can feel confident that they will be familiar with the various court procedures and be able to represent you effectively.

Is it all about you?

Another important factor to consider is trust. Do you feel confident that your lawyer has your best interests at heart and is doing all they can to secure the best outcome for YOU?

Costs

Costs can soon mount up in litigation but through our fixed-price system, we give you a written quote for each step of the process. This way you’ll never be faced with a nasty surprise when it comes to settling the bill.

As honest, genuine people, we’ll also tell you whether the cost of litigation outweighs the potential benefit and suggest alternative dispute resolution methods such as mediation.

Our goal is always to represent your interests in the best way rather than maximising our fees with litigation that isn’t necessary.

For more information about litigation law in Cairns, call Strategic Lawyers.