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The process of resolving legal disputes through the court system is called litigation. It involves the disputing parties arguing their case in front of a judge or jury, who will then make a decision based on the evidence presented and the case law.

Disputes involving contracts, property, personal injury, family law, criminal law, and commercial law are just a few of the many areas of law that fall under the umbrella of litigation. Depending on the nature of the dispute, it might involve legal proceedings, either civil or criminal.

In most cases, there are the following steps involved in the Australian litigation process:

  • Commencement of proceedings: A statement of claim or summons, which outlines the specifics of the dispute and the relief sought, is filed by the party initiating the proceedings.
  • Pleadings: The parties may file additional documents and evidence in addition to exchanging written statements of their claims and defenses.
  • Discovery: It’s possible that one party will have to give the other party relevant documents and information.
    Proceedings at the hearing: During these pre-trial hearings, the court may issue interim orders or settle procedural disputes.
  • Trial: A judge or jury hears the arguments and evidence presented by the parties before making a decision.
  • Appeal: A party may file an appeal with a higher court if they are dissatisfied with the decision.

Before beginning or defending a legal action, it is essential to seek legal counsel because litigation can be a complicated and time-consuming process.

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