Court Proceedings 101

Court Proceedings 101

What should you expect if you are considering undertaking legal court proceedings?

Litigation in court is usually the final recourse an individual can take when seeking a resolution of a dispute against another.

Although we do not always recommend undergoing legal court proceedings in all circumstances, the Courts can make orders for monetary compensation where appropriate. For example in liquidated claims (where there is a fixed amount claimed) for a breach of contract, the Court can make an order for damages (the award granted) to put the claimant back in a position where the breach didn’t occur.

What to expect?

If you are considering undertaking legal court proceedings, it is important to approach an expert legal team like Lazarus Legal, so that we can obtain the most recent and relevant information as soon as necessary. We can evaluate the possible legal action that you may have and your chances of success. Understand however that certain litigation matters can take longer than others depending on the complexities of the circumstances and the law.

Evidence and Affidavits

For a claim to succeed in court, the claim must not only be legally valid, but there must be ample proof of the claim made. Proof of the contracts or any evidence of correspondences made during negotiations may be tendered as evidence to support your claim. Affidavits are a common form of evidence, which is essentially oral evidence in written form. We can assist you in drafting and preparing your evidence to ensure that your claim is substantially supported. Depending on the intricacy and technicality of the case, it may also be necessary to get expert evidence to prove your case.

Defence

If you find yourself in the firing line of incoming legal proceedings by being served with a Statement of Claim or Summons, time is of the essence. Approach the appropriate legal experts so that we can determine your position and prepare the necessary defence as soon as possible. The time limits to file the defence are generally 28 days within New South Wales, and a failure to do so can result in a default judgment made against you.

Negotiation and Offers of Compromise

For smaller claims or matters which are better resolved outside court proceedings, we usually recommend attempting to settle the dispute with the other party through negotiations or informal dispute resolution processes such as mediation. At times, business relations that have gone sour can be amended through the mutual understanding of the positions of both parties. Offers of compromise can also be made, and if a party unreasonably declines a settlement offer the costs order may negatively affect that party.

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