We Do Legal
Litigation Lawyers Who Tell You When It’s Right to Fight
You’re not here to escalate for the sake of it. You’re here because something doesn’t sit right, and you’ve reached the point where silence no longer feels fair or productive.
For when you’re ready to battle it out, you need litigation lawyers who do more than argue. You want someone who understands what went wrong, helps you weigh what’s worth pursuing, and gives you a clear path to move forward.
What Litigation Lawyers Do
You’re not here to rehash every email or explain your frustration from scratch. You’re here to find out whether this can be resolved and how. A litigation lawyer should be able to narrow the issue, map out what’s possible, and give you the structure to move it forward. You’re not buying support. You’re buying progress.
Assess whether there is a claim or breach
Confirm which law and forum apply
Send a demand or respond to one
Explain how formal proceedings would work
Draft and file pleadings or a defence
Prepare evidence and request third-party documents
Organise mediation or hearing preparation
Finalise orders or take enforcement action
Where Litigation Lawyers Make Mistakes and How We Avoid Them
Litigation doesn’t collapse because someone missed a deadline.
Not usually.
It collapses because somewhere along the way, the lawyer stopped thinking about what the client was actually trying to resolve.
We see it too often: matters run on momentum, not strategy.
Letters sent to show movement, not to move anything.
Court dates managed like logistics, not opportunities to control the shape of the dispute.
We don’t work like that.
We take on litigation because, sometimes, it’s the right thing to do. Not just legally, but ethically. Because someone crossed a line, and letting it stand would say too much about what you’re willing to accept.
So we act.
Not to posture.
Not to escalate blindly.
But to move the matter toward resolution with structure, with pressure when it’s needed, and with discipline always.
The biggest mistake litigation lawyers make is forgetting why they’re there. We don’t.
We’re here to get it done and to do it properly.
Sincerely,
Mark Lazarus
Director, Lazarus Legal
Barry Lazarus, Litigation Lawyer
No one plans for litigation. By the time someone calls a lawyer like Barry, something’s already broken: a promise, a payment, a relationship, a silence that went too far.
Barry has been practising law since 1975. He has worked in boardrooms, courtrooms, franchise networks, and liquidation hearings. In 2021, he cross-examined a Supreme Court-appointed liquidator over failures in a public examination. He also sits on the board of Monster Energy’s Australian subsidiary. These things are not the point. But they’re part of the picture.
Clients come to Barry when they don’t want theatre. When they’ve already tried the reasonable version of events. When it matters, what happens next?
You don’t choose a litigator because you want to fight. You choose one because, for better or worse, you’re in one.
Situations Where Legal Representation Becomes Critical
When You're Taking Legal Action
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You’re owed money, and the other side has gone quiet
You’ve invoiced, followed up, and been ignored. It's a clear breach, and the delay is affecting your business. You're ready to enforce it formally. -
A builder or contractor has left things half-finished
They stopped turning up or refused to fix what was wrong. You’ve paid most of what’s owed, and nothing’s moving. You need legal weight behind your next step. -
Someone left your business and took your clients or materials
An ex-employee, partner or contractor is using your IP, client lists, or internal systems. Informal warnings haven’t worked. It’s time to protect what’s yours. -
You’ve been excluded from a company you helped build
You’ve lost access to records, accounts, or decision-making. You’re not being paid. The relationship’s broken down, and now you’re looking to assert your rights.
When You’re Being Put on the Back Foot
You’ve received a legal letter and aren’t sure what it means
They say you breached a contract or owe money, and want it fixed or paid now. You’re not sure if it’s accurate, but ignoring it isn’t an option.
A statutory demand just landed and the clock is ticking
You have 21 days to respond. If you don’t, the company risks liquidation. Even if you dispute the debt, the process is strict and unforgiving.
You’ve been served with court papers and don’t know the next move
A Statement of Claim or tribunal notice has arrived. It’s serious, time-bound, and needs a considered legal response not just a gut reaction.
A tenant, staff member or customer has made a formal complaint
It could be Fair Work, NCAT, or another regulator. Even if you’re confident in your position, a misstep now could make things much worse later.
Four decades spent standing up for what’s right, not just what’s winnable.
When you’re dealing with something that could define your future legally, financially, or personally, you don’t choose litigation lawyers the way you choose a service provider.
You choose them the way you’d choose a surgeon. Not for charm. Not for cost. But because they’ve seen what you’re facing, and know how to manage it when there’s no room for error.
This isn’t a pitch. It’s a glimpse into the kind of matters we’ve handled. The pressure we’ve worked under. And the trust we’ve earned from clients who couldn’t afford to get it wrong.
120+ Litigation Matters Handled
140+ Business and Partnership Breakdowns
Over 80% Resolved Before Trial
$5,000 to $15 Million Dispute Range
- Ready when you are
Let’s Unpack What Went Wrong
What to Know About Litigation Lawyers Before You Get Started
What does a litigation lawyer do in Australia?
A litigation lawyer represents clients in legal disputes through Australian courts and tribunals, from initial demand letters through to trial and enforcement. Their work typically begins long before court proceedings: assessing whether a dispute has legal merit, gathering evidence, and attempting negotiation or mediation to resolve matters without litigation.
When court action becomes necessary, litigation lawyers prepare and file statements of claim, affidavits, and other court documents required under state or federal civil procedure rules. They appear in courts ranging from Local and District Courts to the Supreme Court and Federal Court, depending on the dispute value and jurisdiction.
Litigation lawyers also handle discovery processes, cross-examination, legal argument, and post-judgment enforcement including debt recovery and asset seizure. In NSW, litigation practice is governed by the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005, which require parties to act proportionately and attempt resolution before commencing proceedings.
When should I engage a litigation lawyer?
Engage a litigation lawyer as soon as you recognise a dispute may not resolve through ordinary negotiation or when legal rights need formal protection. Early engagement is critical before issuing demands, responding to claims, or signing settlement agreements that may waive future rights.
Many clients wait until receiving court documents, but involving a lawyer during pre-action correspondence often prevents unnecessary litigation costs and preserves more strategic options. You should seek advice immediately if you’ve received a letter of demand, statutory notice, or court filing, as response deadlines in NSW courts are strict (typically 28 days for defended proceedings in the Supreme Court or 14 days in the Local Court).
Litigation lawyers also assist with disputes still in negotiation where legal strategy, evidence preservation, or risk assessment would benefit the outcome. In commercial disputes, early legal advice often identifies whether the matter requires mediation, arbitration, or court proceedings under relevant contracts or statutes. Delaying engagement until positions harden or limitation periods approach reduces available options and increases costs.
What is the litigation process in Australia?
The litigation process in Australia typically progresses through several formal stages governed by state and federal civil procedure rules. It begins with pre-action procedures, where parties must attempt to resolve disputes before filing court documents, often through letters of demand, without prejudice negotiations, or mandatory mediation under the Civil Dispute Resolution Act 2011.
If resolution fails, the plaintiff files a statement of claim or originating process in the appropriate court (Local, District, Supreme, or Federal Court depending on jurisdiction and claim value). The defendant then files a defence, and both parties engage in discovery, exchanging relevant documents and evidence under court-mandated timelines.
Many NSW disputes are referred to court-ordered mediation before trial, as required under the Civil Procedure Act 2005, which emphasises proportionate case management. If mediation fails, the matter proceeds to hearing where each party presents evidence, examinations, and legal argument before a judge or magistrate. Judgment is delivered either immediately or following reserved consideration, and successful parties may enforce orders through garnishee, seizure, or bankruptcy proceedings.
What types of cases do litigation lawyers typically handle?
Litigation lawyers in Australia handle a broad range of civil disputes across commercial, property, employment, and personal matters.
Common commercial disputes include breach of contract claims, partnership dissolution, shareholder disputes, debt recovery, and misleading or deceptive conduct under the Australian Consumer Law.
Property litigation often involves boundary disputes, caveat removal, lease disagreements, and breach of property sale contracts governed by state Conveyancing Acts.
Employment litigation includes unfair dismissal claims, general protections applications under the Fair Work Act 2009, and workplace disputes heard in the Fair Work Commission or Federal Circuit Court.
Litigation lawyers also manage estate disputes, defamation claims, intellectual property infringement, construction disputes under Security of Payment legislation, and professional negligence matters. They appear in courts and tribunals including the NSW Civil and Administrative Tribunal (NCAT), Supreme Court, Federal Court, and specialist forums depending on the dispute type and monetary threshold.
While litigation lawyers don’t typically handle criminal defence, family law, or immigration matters, they coordinate with specialists when disputes overlap multiple practice areas.