Litigation & Dispute Resolution Lawyers Melbourne

Frequently asked questions.

Plain-English answers to the questions we are asked most often by Melbourne clients.

When should I engage a litigation lawyer?

As early as practicable. The decisions made in the first weeks of a dispute — what is said in writing, what is preserved, what is offered and what is rejected — often shape the entire outcome. Engaging a lawyer early allows your position to be presented clearly, preserves your options and gives you the best opportunity to resolve the matter without the cost and disruption of court proceedings.

Do all disputes end up in court?

No. The majority of commercial and civil disputes are resolved without a final hearing. Most are settled through negotiation, mediation or other forms of alternative dispute resolution, often after court proceedings have been issued but before they are heard. Court remains the ultimate forum if no resolution can be reached, but it is rarely the most efficient path to one.

What is mediation?

Mediation is a confidential, without-prejudice process in which the parties — assisted by an independent mediator — work to negotiate a settlement of their dispute. The mediator does not decide the dispute; their role is to help the parties communicate, test their positions and identify terms on which they can agree. Mediation is now a routine part of most commercial and civil disputes, and frequently produces commercial outcomes that a court could not order.

How long does litigation take?

It depends on the complexity of the matter, the court in which it is run and the conduct of the parties. A straightforward Magistrates' Court matter may be resolved within months. A complex County or Supreme Court proceeding can take well over a year to reach trial. Many matters settle along the way, often at or shortly after mediation. We give clients realistic timing estimates at the outset and update them as the matter develops.

Can legal disputes be settled before trial?

Yes — and most are. Settlement can occur at any stage: before any letter is sent, after early correspondence, after proceedings are issued, at mediation, or even at the door of the court. A good settlement is usually one that reflects a realistic assessment of the legal merits, the likely cost of continuing and the commercial interests of both parties.

What is the first step in a commercial dispute?

An honest assessment of the dispute itself: what has happened, what documents exist, what each party wants and what the relevant legal framework is. From there we can advise on the strongest first step — which may be a letter of demand, an offer to negotiate, a request for mediation, or in some cases the immediate issue of proceedings to protect a legal right or limitation period.

Can unpaid debts be recovered?

In most cases, yes. We act for businesses and individuals to recover unpaid invoices and other debts — typically beginning with a letter of demand, followed by negotiation, and if necessary, court proceedings in the appropriate jurisdiction. Recovery should always be weighed against cost: a short, well-targeted process is usually more effective than aggressive escalation.

What court will hear my dispute?

In Victoria, civil disputes are generally heard in the Magistrates' Court (up to $100,000), the County Court (most claims above that threshold) or the Supreme Court (large, complex or specialist matters, including most estate litigation). Specialist tribunals — such as VCAT — also hear particular types of disputes. The right forum depends on the nature of the claim, the amount in issue and any applicable jurisdictional rules.

How are legal costs treated in litigation?

As a general rule, the successful party in court proceedings is entitled to recover a portion of their legal costs from the unsuccessful party. The amount actually recovered is typically less than the costs incurred, and the position can vary based on offers of settlement, the parties' conduct and any costs orders made along the way. Costs exposure is an important factor in deciding whether — and how — to litigate.

What should I do if proceedings have been commenced against me?

Obtain legal advice immediately. Court documents almost always carry strict time limits for responding, and the absence of a response can lead to default judgment. Early advice allows your defences and any cross-claims to be properly identified, urgent steps to be taken if needed, and a sensible strategy — defence, negotiation, or both — to be put in place from the outset.