Experts in Civil Law

If you are involved in a civil litigation or dispute resolution matter, our experienced lawyers can assist you, with expertise in the following areas:

• Litigation and dispute resolution in civil law

• Recovery of debts

• Insolvency

• Disputes in banking

• Housing disputes between private and public

• Centerlink Disputes

• Injuries to the person

• Real estate disputes and tenancy disputes

• Disputes between neighbours

• Contract or agreement breach

• Laws against defamation

• Uninsured motorist claims and motor vehicle accidents

You will be able to find the best lawyers at our law firm to assist with your civil dispute. Whether they are representing you in the Supreme Court or in a tribunal, our experienced lawyers are well-equipped to provide high quality legal advice and advocacy in legal matters across all jurisdictions.

How does a civil lawyer help people?

In Australia, a civil lawyer specializes in civil law, and provides legal advice and advocacy for clients who have legal matters that are not criminal in nature. Generally, civil lawyers represent parties in civil disputes in which one party argues that another party has committed some act that has resulted in loss or damage to them, and that party seeks either for the act to cease or for compensation for the loss or damage.

All legal matters outside of criminal law are considered civil law, including commercial disputes, breach of contract, family law, personal injury, employment law, real estate and property law (including lease disputes and tenancy disputes), defamation, insolvency and medical negligence.

Civil lawyers assist clients in resolving disputes which often arise in these areas of law. This includes:

1. Advice: Provide high quality legal advice to clients seeking the counsel of a lawyer regarding their rights, the chances of a claim being successful or successfully defended, or the legal options available to them in seeking a desired result in their civil case; and

2. Advocacy: Civil lawyers represent clients in civil litigation and court proceedings. As a part of this role, they advocate for clients at hearings, draft submissions and legal documents in consultation with clients, and negotiate with other parties to reach the most efficient, desirable resolution of the matter (including in pre-trial settlement negotiations).

Ultimately, civil lawyers are responsible for guiding clients through confusing legal processes, providing high quality legal advice and explaining legal concepts in a clear and understandable way. The main focus of civil lawyers should always be the outcome for their clients. If you have a legal dispute, you need the best lawyers on your side who can provide impartial, honest and high quality legal services. Contact our law firm today to schedule a free consultation.

How do civil and criminal lawyers differ?

Lawyers who specialize in criminal law deal exclusively with private matters between two legal entities (including individuals and companies), while criminal lawyers focus on the law relating to criminal offences and the consequences for those who commit them. In criminal law, people are either defended or prosecuted when accused of committing crimes.

The civil lawyer represents the parties in a dispute between two legal entities, or when one claims they have been wronged by the other. In addition to defending their interests and enforcing their legal rights, civil lawyers provide a variety of legal services in support of their clients across a range of legal issues. As part of these legal services, they provide legal advice about the prospects of a legal matter and their client’s rights in the face of a legal dispute, advocacy and representation in dispute resolution, including in courts or tribunals, and legal aid for these kinds of disputes.

A civil lawyer specializes in what areas of law?

The civil lawyer assists clients with a variety of legal matters, with some focusing on one area and others providing more general legal advice in dispute resolution or commercial litigation.

1. Personal injury: if you have been injured and you believe somebody is at fault, civil lawyers can provide expert legal services to seek the compensation to which you are entitled. If you have been injured at work, in a shopping centre or even at a train station, a civil lawyer can provide expert advice and advocacy to assist with compensation for any injury and medical expenses incurred as a result

2. Family law: family lawyers specialise in all aspects of family law, including separation and divorce matters, deceased estates including wills and probate matters and issues of power of attorney

3. Debt recovery: lawyers can assist with legal advice about the best way of recovering any debt owed to you, whether it be through civil litigation or otherwise

4. Employment law: our experienced lawyers specialise in a range of employment matters. This includes unfair dismissal and unpaid wages claims, contractual disputes and drafting services (employment and consultancy contracts, etc.)

5. Property law: property lawyers specialise in real estate and property matters, including lease and tenancy disputes, property settlements and advice to vendors and purchasers in real property transactions and disputes. Property lawyers also specialise in construction law and litigation, in relation to home building contracts and home building claims in respect of defective or incomplete work

6. Commercial law: commercial lawyers are experts in assisting individuals and companies with commercial transactions and disputes, as well as setting up companies and partnership structures for corporate ventures, superannuation schemes and small businesses

7. Defamation law: a complex area of law, defamation lawyers assist those whose reputation has been damaged, including seeking compensation or defending a claim for compensation on the basis of alleged defamation

8. Human rights: civil lawyers can provide expert legal advice where human rights infringements might have taken place. Whether in the context of your employment, acquisition of your property, or otherwise.

9. Medical negligence: if you have been injured as a result of the negligence of a medical professional, lawyers who specialise in medical negligence can assist you with obtaining compensation for your injury

10. Motor vehicle accidents: civil lawyers can assist with all aspects of motor vehicle-related claims, including insurance and compensation claims, as well as legal advice in relation to any disputes which arise in the context of road accidents.

Civil litigation – what is it?

If your civil law matter cannot be resolved by mediation or settlement negotiations, a court or tribunal may be required to resolve the dispute. Civil litigation is simply the process of applying to a court or tribunal for legal remedies like compensation, preparing for and attending hearings, and then having the matter decided by that court.

In addition to being complex, time-consuming, costly, and emotionally draining, civil litigation can involve a variety of legal issues. As civil litigation involves court-specific forms and procedures, as well as complex legal authority, experienced lawyers who specialize in the relevant areas of law are necessary. As opposed to days and weeks, civil litigation often consumes months or even years. In family law matters, civil litigation often exacerbates the tensions involved in the dispute resolution process and the “us vs. them” mentality that so often accompanies civil litigation.

In addition, limitation periods applicable to each Australian jurisdiction mean that time limits apply to the making of civil claims. Often these time limits can be difficult to navigate and differ depending on the nature of the civil dispute. It is possible to have a 28-day time limit in some civil matters, such as unfair dismissal and unpaid wages. Therefore, claimants need to act quickly in order to ensure that they receive the compensation they deserve, and to minimise the risk of a Court refusing a claim because they are either out of time, or have allowed damage to occur. 

Why would I litigate my civil matter?

In spite of the complexity of civil matters and the dispute resolution mechanisms available, there are significant advantages to pursuing your civil dispute through a court or tribunal. If you can prove that you have suffered loss or damage, or are otherwise entitled to compensation, there is no limit to the amount of compensation (called “damages” in civil litigation context). When a civil dispute arises and the defendant was acting in the course of their employment, the employer may also be sued for compensation. A favourable outcome is much more likely as a result of this.

If a defendant acts with disregard for a claimant, or with malice, the Court can also award additional damages. These damages can be lucrative and hard to obtain outside of Court. 

Additionally, civil litigation can be costly, but civil matters are resolved through settlement negotiations prior to a court hearing or involving any court processes. Even the threat of civil litigation, and the significant costs involved in defending a claim, can be an important negotiation tool when resolving a civil dispute in a favourable manner. We are available to provide you with high quality legal advice, to represent you in any correspondence and negotiations, and to fight for your right to any compensation or remedy.

How do courts and tribunals differ?

In contrast to a court’s general jurisdiction (authority) to hear civil disputes, a tribunal is usually established by law to handle disputes of a particular type. The relevant Tribunal will usually be your first point of contact if your civil dispute falls into one of these categories.

As an example, tenancy and lease disputes in NSW must generally be brought before the NSW Civil and Administrative Tribunal (NCAT), which has a division that is specifically responsible for resolving these disputes. There are also divisions for homebuilding claims, consumer claims, and commercial claims. To aid in the cheap and quick resolution of disputes within its jurisdiction, the NCAT is designed to be accessible and to provide specific early dispute resolution facilities.

There are instances in which parties may appeal a decision made by a civil dispute tribunal, such as the NCAT, to an appeal panel if they are dissatisfied with the decision. It is possible to appeal the matter further to a court depending on the nature and scale of the dispute. Based again on the nature and scale of the dispute and the grounds for appeal, NCAT decisions can be appealed to the District Court, the Land and Environment Court, or the Supreme Court in NSW.

Disclaimer

It is important to note that the above information is general and should not be interpreted as legal advice. You should consult a migration lawyer for personalized advice tailored to your specific situation. In addition, COVID-19 may result in delays. The courts and tribunals handle matters on a case-by-case basis.