What is litigation?
Litigation is the legal process of resolving disputes between two or more parties through the Court System. It involves the formal presentation of a case before a judge, where parties
(plaintiffs and defendants) argue their positions regarding legal issues. Litigation in Australia can be broadly categorised in two main types: civil litigation and criminal litigation.
Civil Litigation:
Civil litigation is a more common type of litigation in Australia and can involve a wide range of disputes between individuals, businesses or other entities. Some common examples of litigation disputes include:
- Breach of contract or when someone does not fulfill the terms in a business agreement
- Property disputes arising from conflicts over ownership and boundaries
- Employment disputes such as unlawful termination and workplace discrimination
Criminal Litigation:
Criminal litigation involves charges brought against an individual or entity by the state or federal government for alleged criminal offences. This leads to penalties such as fines, imprisonment, or community service. Some common offences include:
- Theft and Burglary
- Assault and Violent Crimes
- Drug Offences
- Fraud and White-Collar Crimes
- Traffic Violations
In both civil and criminal litigation, the procedures involved can be complex and require expert legal advice.
Litigation procedures in Australia have several key stages.
- Pre-Litigation Stage
- Filing the Claim
- Response from the Defendant
- Discovery
- Pre-Trial Motions
- Trial Preparation
- Trial
- Judgement
- Post-Trial
