TV shows might make you think otherwise, but very few legal cases actually go to trial. This shows how our legal system resolves most disputes before they reach the courtroom.

Civil litigation stands as the most common type of legal proceeding in Australia. The scope of litigation includes everything from contract breaches and property disputes to employment problems like unlawful termination. Legal cases can take months or years to resolve. The process moves through several stages that include filing claims, collecting evidence, and pre-trial reviews.

This piece breaks down everything in litigation to help you learn how the legal system handles disputes. You’ll find a complete overview that teaches you the simple basics of litigation, whether you face a potential legal matter or just want to understand the process better.

What Litigation Law Really Means

Litigation law serves as the foundation of legal dispute resolution and provides a well-laid-out pathway to settle conflicts through the court system. Parties present their cases to a court for judgement if they can’t agree on a fair outcome of a dispute.

The basic concept explained

Someone starts litigation by deciding to enforce or defend their legal rights. The process includes cases of all types, from commercial disputes to matrimonial matters, claims against the state, personal injury claims, and employment disputes. Civil litigation remains the most common form that focuses on monetary damages or specific performance rather than criminal sanctions.

Jurisdiction stands as one of the most important aspects of litigation law. It determines a particular court’s authority over a person or claim. The Civil Procedure Rules 1998 governs the whole ordeal and prescribes time limits, correct forms, and obligations for parties to narrow down disputed issues.

Key players in litigation

The courtroom brings together several vital participants who each play a distinct role in legal proceedings. The judge acts as an impartial referee and ensures everyone follows law and procedures properly. The judge’s associate handles administrative duties and manages the courtroom.

Legal representation comes from two types of professionals:

• Barristers: These specialists present cases in court and provide expert advocacy
• Solicitors: They manage case preparation and client communication

Prosecution and defence lawyers sit at specific positions at the bar table. Prosecution lawyers sit closest to the jury while defence lawyers position themselves near the witness box. Court officers help organise court lists, call witnesses, and administer oaths.

The core team includes court reporters who record proceedings, interpreters who make communication easier across language barriers, and sheriff’s officers who maintain courtroom security. Witnesses play a vital role by providing evidence about what they have seen, heard, or noticed that relates to the case.

Litigation moves through multiple stages. The process starts with case assessment, moves to commencing proceedings, discovery, pre-trial processes, and often ends with settlement or trial. Litigation lawyers investigate preliminarily, advise on success prospects, and manage document exchanges between parties throughout these stages.

Main Steps in the Litigation Process

Legal cases follow a clear path through the court system. Each stage plays a specific role in resolving disputes. Parties who know these steps can better direct their cases through the courts.

Filing a legal claim

A legal case starts when someone files an originating process with a statement that lists the main allegations against the defendant. The defendant then has 21 to 28 days to prepare and submit their defence. Both parties must have the right contact details and legal entity information to properly serve court documents during this original phase.

Court procedures

After the defence submission, the court creates a complete timeline to manage the case. The first step brings the matter to a directions hearing where a Registrar or Judge sets orders about how the case will move forward. The Federal Court’s Chief Justice has created specific Practise Notes that help manage cases of all types.

Evidence gathering

Getting evidence is a vital part of any legal case. It lets parties ask each other for relevant documents. Quick evidence collection after receiving instructions will:

• Keep witness memories fresh and accurate
• Save time-sensitive evidence like CCTV footage
• Protect current notes and emails

The final hearing

The final hearing lets each party show their case through:

1. Opening statements that outline their position
2. Cross-examination of witnesses and parties
3. Final submissions about evidence and relevant law

Judges might give their decision right after the hearing ends. Most often, they take time to think about the evidence and write their decision within three months. The Federal Court wants to finish cases within 12 months from the filing date. Court order compliance and schedule availability can change this timeline.

Different Types of Legal Cases

Australian legal cases fall into two main categories. Each category has its own characteristics and procedures that determine how justice works. This knowledge helps you guide through the legal system more effectively.

Civil litigation examples

Civil litigation covers disputes between individuals, organisations, or government entities that seek monetary compensation or specific actions. The NSW Local Court handles civil disputes for claims up to AUD 152,899.02. Small Claims Division takes care of cases up to AUD 30,579.80.

Common types of civil litigation include:

• Contract disputes and breaches
• Personal injury claims
• Banking and finance disagreements
• Employment and labour conflicts
• Property and real estate matters
• Professional negligence cases

The plaintiff (person bringing the claim) must prove their case ‘on the balance of probabilities’ in civil proceedings. This standard needs them to show that their claim is more likely true than not. The burden of proof here is not as strict as criminal cases.

Criminal litigation basics

Criminal law protects society by defining and punishing dangerous actions. These cases usually involve the state prosecuting individuals accused of breaking the law. New South Wales classifies criminal offences into three main types:

1. Summary offences: Local Court finalises these cases with maximum prison sentences of two years or less
2. Indictable offences: Higher courts like District or Supreme Court handle these cases with sentences exceeding two years
3. Strict indictable offences: Most serious cases including murder, commercial drug supply, and assault causing death

Criminal proceedings demand proof ‘beyond reasonable doubt’. This standard sets a higher bar than civil cases. Prosecutors must prove guilt while the defence needs to create reasonable doubt about the accusations.

Criminal defendants get special rights, especially access to public defenders if they can’t afford legal representation. These protections exist because criminal convictions carry serious consequences like imprisonment, fines, or other penalties.

How Courts Handle Different Cases

The Australian court system works through different levels. Each case gets the right attention based on how complex it is and where it belongs. This setup helps handle legal matters smoothly at local, state, and federal levels.

Local courts

Magistrates Courts are where most legal cases start. These courts handle civil claims up to AUD 152,899.02. The Small Claims Division takes care of disputes up to AUD 30,579.80 with simpler procedures. The General Division looks after cases between AUD 30,579.80 and AUD 152,899.02 with more detailed rules.

State courts

State courts play a crucial role in the middle of the judicial system. The District Court works as an intermediate court that handles civil claims between AUD 152,899.02 and AUD 1,146,742.67. The Supreme Court sits at the top of state courts and manages civil matters above AUD 1,146,742.67.

Each state’s court system has special divisions:

• The Court of Appeal looks at civil appeals from Supreme Court decisions
• The Court of Criminal Appeal reviews criminal appeals
• The Children’s Court deals with cases of people under 18 years

Federal courts

The federal court system has three main courts:

The High Court of Australia leads the nation’s judicial system. It interprets constitutional matters and hears final appeals from all Australian courts. The Federal Court of Australia focuses on specific areas like bankruptcy, corporations, industrial relations, native title, and tax laws.

The Federal Circuit and Family Court of Australia has worked through two divisions since September 2021:

• Division 1 handles only family law cases
• Division 2 deals with both family law and general law cases, such as administrative law, bankruptcy, copyright, and human rights issues

All federal family law cases now start in Division 2. They move to Division 1 only if needed. This approach makes case management more efficient while complex matters get specialised attention.

Conclusion

Legal disputes in Australia’s complex judicial system require a clear understanding of litigation law. TV shows might showcase dramatic courtroom scenes, but reality works differently. Most cases get resolved through well-laid-out processes before they reach trial. Australia’s court system works on multiple levels. Local Courts handle claims up to AUD 152,899.02, while the High Court deals with constitutional matters. This structure helps address legal issues at the right level.

Civil and criminal cases work under different proof standards. Civil matters need a balance of probabilities, while criminal cases require proof beyond reasonable doubt. Barristers and solicitors help their clients through every stage – from the original filing to the final verdict or settlement.

Quality legal guidance can transform litigation outcomes. Andrew Gardiner Law ranks as the Sunshine Coast’s leading lawyers. They provide expert representation in litigation matters of all types. Their expertise helps clients direct court procedures the right way.

Success in litigation depends on knowing jurisdiction limits, having solid evidence, and using the right procedures. Anyone starting legal proceedings should think over their position carefully. They need qualified legal advice and should be ready for a process that might take time.