Appius Lawyers - Perth Lawyers

Litigation Law

Perth Litigation Lawyers with legal experience to suit your needs

Our Firm’s Practice Areas In Litigation Law

Perth Litigation Lawyers

Litigation and Alternative Dispute Resolution

Whether you need to make a claim or enforce your legal rights against another individual or company or you need a strong defence and someone to protect your interests in a claim against you.

We want to be your trusted advisors

Our Litigation & Dispute Resolution department will assist you in achieving the best possible outcome in your dispute.

Expertise You Can Trust

At Appius Lawyers, we deliver tailored solutions for your claim.

We are able to assist and advise in resolving disputes, in the most efficient manner possible.
Our approach is to attempt and resolve disputes, if possible, before they become litigious, by applying strategies that are aimed achieve our clients’ objectives, but at the same time taking into account the commercial reality of the dispute.

We have access to barristers that we engage in litigation matters, who are briefed on the basis of their experience, as required in the circumstances, taking into account the complexity of the issues and cost.

Service & Quality

Appius Lawyers endeavour to provide the highest level of service.

Where litigation is unavoidable, we are able to provide competent and strong representation in court. Notwithstanding this, we will always encourage, where the matter can be settled for a result that our client can live with, such settlement should be pursued. The Court will afford litigants with the opportunities to mediate the dispute and there are other dispute resolution methods such as “calderbank” offers and “offers of compromise” that can be used to motivate the other party to settle.
If the matter proceeds to trial, your case will be organised and you will have appropriate representation.

Simple working proccess for to handel your legal issue

Ready to get to know us?
We're ready to get to know you.

Stay In Touch With Us

Contact us using below enquiry form and we will respond to you promptly

Civil litigation is a process where each side to the dispute seeks to uncover weaknesses in the other side’s position and prepare itself for negotiations or trial. Majority of disputes are resolved and settled before trial.

Each court and jurisdiction have a different process, for commencing of civil litigation. Generally speaking, the process is commenced by the claimant or the Plaintiff (depending on the jurisdiction) filing a claim either with a statement of claim or at times without. In filing the claim, a filing fee is usually required unless such fee has been waived.  Once filed, the claim is served on the defendant and the defendant must file their defence within a certain time frame.

Where the claim was accompanied with a statement of claim, the defence must file their statement of defence. If the claim was not filed with a statement of claim, the defence will only file their intention and thereafter, the claimant must file their statement of claim. The defendant once served will follow their statement of defence.

The statement of claim and defence will set the parameters for the dispute and the issues that need to be resolved.

If the claim fails to establish a cause of action or the evidence in support will likely lead to the claimant failing, costs may be awarded against the claimant in favour of the defendant.

It is therefore imperative that advise is taken prior to filing of a claim and/or any statement of claim.

Once the core documents in a civil litigation are filed, the parties will be required to provide disclosure of relevant material to the dispute. This process may involve dispute as to documents that are to be disclosed, which in turn may require a separate hearing or hearings to determine the issue relating to disclosure.

Dispute resolution by way of mediation is an important part of any litigation. The parties may be required to meet in the presence of an independent court-appointed person, known as a mediator, and attempt to negotiate a settlement. There are instances where more than one mediation is required to be attended.

Before trial, both parties file their summary of case with the court, outlining their case.

At trial, a barrister will take the reins of the hearing from the solicitor, who nonetheless will play an essential role at trial, being the person most knowledgeable about the case.

At every stage of the litigation process, our advice and representation will be invaluable and of assistance to the final outcome.

In non-criminal matters, lawyers represent individuals and businesses in a broad range of matters, including but not limited to:

Most individuals and businesses requiring legal advice, seek out civil lawyers.

Civil lawyers spend much of their time conferring with clients, negotiating with the opposing side and ultimately considering the legal issue by researching pertinent statutes, regulations and case law.

Civil law encompasses almost every aspect of the legal realm. Want to transfer ownership of a business; dispute with neighbours; Stop someone from infringing your copyright; Challenge a fine issued by a government agency; buy and sell goods. Civil lawyers handle all of these matters and much more.

Despite the obvious difference between civil law and criminal law, lawyers who practice in each jurisdiction have the same basic skillset and perform similar activities including both meet with clients, conduct legal research, provide legal advice, negotiate with other parties, draft legal documents and litigate in court.

While criminal lawyers operate within the criminal justice system, civil lawyers represent their clients either individual and businesses, in a variety of legal matters that are encountered in daily life.

Alternative Dispute Resolution or as some may know it as ADR, is and increasingly popular method of resolving disputes.  ADR uses the services of an independent third person to assist the parties to reach a solution that is mutually acceptable to all parties.

ADR has in recent years been encouraged as it is far less formal than courtroom proceeding, it offers more privacy since its processes and settlements are usually confidential; is cost effective, and the parties are in control of the process and ultimate outcome.

In an ADR process, it is usual that the parties themselves choose the mediator, and will pay equally the cost of the mediation.

In today’s business court lists, it is the usual practice of most jurisdictions to require that the parties attend some form of ADR either prior to commencing of any formal proceedings or during proceedings as part of the case management of any matter before the court.

Different types of ADR

Mediation

Mediation involved the parties to the dispute meeting in the presence of a person known as a mediator, whose role is to work through the dispute and in particular the contested issues to understand the most important issue to each party, and thereafter seek a compromise where each party receives an acceptable outcome.

The Mediator, is neutral and does not seek to impose an agreement on the parties.

A mediator can be a barrister, retired judge, magistrate or other retired judicial officer, or otherwise professionally trained in mediation.

The form of the mediation will depend on the parties needs and requirements, and within the control of the parties. Where the parties feel comfortable, a mediation will usually start out as a “joint session” with all the parties and their lawyers in the same room. The parties present their respective points of view and might state what they are prepared to do to settle the matter or otherwise accept as a settlement.

The parties may then break away to different rooms and come back together until either a resolution can be reached or an impasse is reached that cannot be resolved.

Conciliation

The process of conciliation is similar to mediation, with the difference that in a conciliation the independent third party, takes a more active role in advising the parties and providing direction in how to settle the dispute.

Arbitration

Arbitration is the most formal form of ADR, and it resembles an abbreviated court or tribunal hearing. In essence, the parties choose an arbitrator who will decide the case, the decision being enforceable in the same way a court decision can be enforced and the parties have only a limited right of appeal from the arbitrator’s decision.

In contrast a mediator or conciliator cannot decide for the partied or bind the parties to any decision made. The parties are only bound, in a mediation or conciliation where each party signs the terms of any agreement reached.
If the parties have a written contract, the contractual terms sometimes will mandate that they resolve any dispute through an arbitration process rather than in court. In other instances, legislation will dictate arbitration as an option to certain disputes, including for instance the dispute between a builder and a home owner.

Why use Appius Lawyers Services?

Features benefits from Appius Lawyers

01

You Work Directly with An Solicitor

One of the primary benefits of hiring Appius Lawyers is that you’ll receive personalised service.

02

Expertise and Creative Solutions

Appius Lawyers is much smaller than the mega-firm, but we offer clients expertise and creative solutions at a cost that many larger firms simply can’t match.

03

More Flexibility with Fees

One of the top benefits of working with Appius Lawyers is having more flexibility when it comes to billing structure.

04

Small Business-Friendly

The great thing about working with Appius Lawyers is that we focus and take the time to learn your industry, to understand your business and what we can do to help it move forward.

Book an Appointment

Please note that we will contact you to gather some further information about your situation and will then confirm your appointment with the most appropriate lawyer for your matter.
Need Help? 08 6181 0600

Request a Call Back

Schedule a consultation with a Lawyer

Need Help? 08 6181 0600

Please note that we will contact you to gather some further information about your situation and will then confirm your appointment with the most appropriate lawyer for your matter.