A civil dispute is a dispute between two individuals. A civil dispute becomes civil litigation is when one of the parties files documents in the relevant Court or Tribunal asking them to decide the matter. Here on the Sunshine Coast we have a number of Courts and Tribunals who decide civil matters regularly. In order to determine which Court or Tribunal is best for you you must consider the type of dispute you are involved in, your geographical location as well as the actual person or entity responding to the civil litigation.
It is crucial for a litigant to commence their proceedings in the correct Court or Tribunal, you should therefore always seek independent legal advice prior to commencing any litigation.
Prior to a dispute being referred to the Court the parties often have discussions about the matters that are in dispute and why. Mediation and other forms of dispute resolution are open to parties who have found themselves in the middle of a civil dispute.
Litigation can be complex, stressful, costly and time consuming. This is why it is so important to obtain independent legal advice as soon as you can so that you are well aware of the risks involved with the action, your prospects of success and the correct course of action for you to take.
If you have been served with Court or Tribunal documents then you will need to obtain legal advice as soon as possible to ensure that you don’t miss any important and critical dates. If you miss certain dates then the matter can be decided in your absence.
Strict time limits apply to the filing and serving of Court documents. Because of this, it is strongly recommended that you obtain independent legal advice if you have been served with any documentation as you only have a limited time frame to respond.
Ferrall & Co. Lawyers are experienced in all areas of civil litigation and are able to guide you through the litigation process.