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Litigation Lawyers Who Still Believe in the Right Thing

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. Litigation Lawyers should 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. Whether the issue is personal, commercial, or quietly unresolved, you’re looking for the kind of outcome that feels not just finished, but right.

What Litigation Lawyers Are Really Here to 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

The lawyer reviews your documents, emails, agreements and conduct to determine if there is a legal basis to bring a claim or if you may have breached something.
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Confirm which law and forum apply

They identify whether the issue falls under contract law, ACL, corporations law or another area, and whether it should be dealt with in court or a tribunal.
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Send a demand or respond to one

They draft a letter of demand or reply that sets out the facts, the legal position and what outcome is being sought or rejected.
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Explain how formal proceedings would work

You are given a clear outline of what documents would be required, what deadlines apply and how to begin or respond to a legal action.
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Draft and file pleadings or a defence

They prepare documents such as a Statement of Claim, Defence, Cross-Claim or affidavit and ensure everything is filed and served correctly.
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Prepare evidence and request third-party documents

They identify relevant records, draft affidavits and issue subpoenas if other people or organisations hold material needed for your case.
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Organise mediation or hearing preparation

They compile court documents, brief a barrister if needed and ensure all material is ready for mediation, interlocutory hearing or final hearing.
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Finalise orders or take enforcement action

They implement court orders or settlement terms and, if required, pursue enforcement through garnishee orders, winding up, or other recovery steps.
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Where Litigation Lawyers Make the Biggest 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​

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

Across NSW courts, NCAT, and the Federal Court covering contract claims, director conduct, negligence, and enforcement.

140+ Business and Partnership Breakdowns

Handled matters involving co-founders, directors, and shareholders from removal attempts to deadlocks over company control.

Over 80% Resolved Before Trial

Most clients prefer not to end up in court. We guide matters to resolution early through negotiation, mediation, or structured settlement.

$5,000 to $15 Million Dispute Range

We act on matters both large and small from unpaid debts to multimillion-dollar equity and contract claims.

Ask More From Your Litigation Lawyers.

What to Know About Litigation Lawyers Before You Get Started

What does a litigation lawyer do in Australia?

A litigation lawyer is a qualified legal practitioner who assists individuals and businesses in resolving civil disputes through negotiation, mediation, or formal court proceedings.
In Australia, litigation lawyers often handle matters involving breach of contract, property disputes, shareholder disagreements, insolvency actions, debt recovery, and other commercial conflicts.

Their role may involve:

Litigation lawyers in Australia are regulated by state-based legal profession laws, such as the Legal Profession Uniform Law (NSW). To practise, they must hold a practising certificate and be registered with the relevant state legal authority.

For example, in New South Wales, registration is through the NSW Law Society:
https://www.lawsociety.com.au/

When should I engage a litigation lawyer?

You should consider engaging a litigation lawyer as soon as a dispute becomes likely to escalate or when legal rights or financial interests are at risk. Early involvement of a lawyer can help you:

Preserve evidence

Comply with procedural rules (such as those found in the Uniform Civil Procedure Rules 2005 (NSW))

Avoid legal missteps that might prejudice your position

Explore cost-effective settlement options before proceedings are filed

In civil matters, delays in obtaining legal advice can also impact your ability to comply with limitation periods or file appropriate defences.

What is the litigation process in Australia?

The litigation process in Australia typically follows a structured civil procedure governed by the relevant court’s rules. While each state has its own court hierarchy and procedure rules, the general stages are: Pre-litigation: Letters of demand or early settlement attempts Commencement: Filing a statement of claim or originating application Defence: The respondent files a defen ce or counterclaim Discovery and evidence: Disclosure of documents and preparation of affidavits Interlocutory hearings: Procedural applications or interim orders Final hearing or trial: Presentation of arguments and evidence before a judge Judgment and enforcement: The court delivers a decision and, if necessary, issues enforcement orders In New South Wales, these procedures are governed by the Uniform Civil Procedure Rules 2005. It is worth noting that many matters resolve before reaching trial, often through negotiated settlement or mediation.

What types of cases do litigation lawyers typically handle?

Litigation lawyers in Australia deal with a wide range of civil and commercial disputes. Common areas include: Contract disputes: Failure to perform obligations under a written or verbal agreement Business and shareholder disputes: Breakdown in commercial relationships or misuse of company assets Debt recovery: Recovering unpaid invoices or loan repayments Property disputes: Including boundary, lease or strata title issues Employment law disputes: Unfair dismissal or restraint of trade issues Construction disputes: Delay claims, payment disputes, or defective work Many litigation lawyers work across jurisdictions including local courts, state Supreme Courts, and the Federal Court of Australia. Engaging a lawyer experienced in your specific type of dispute is essential, especially if your matter involves technical areas such as insolvency, defamation, or IP law.

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© 2025 Lazarus Legal – All rights reserved

© 2025 Lazarus Legal 
– All rights reserved