What is Litigation?


Litigation is when a person begins a civil lawsuit against an organisation or another individual. There are various rules under the civil procedure that govern actions that occur in state and federal court. Litigation then involved a series of steps that may lead to a court trial and ultimately result in a matter.

When does it occur?

Litigation can occur when two individuals or organisations argue against each other over a matter that may have occurred.

How does it work?

The litigation process in general will work with two sides emerging being the defendants and the plaintiffs. The plaintiffs will then argue and provide a statement of what they claim the defended is guilty of which then leaves the defendant to agree they are responsible or argue a case of their innocence.

What is the process of Litigation?

This process although sounding difficult can be easily understood through 7 steps.

  1. Investigation, where each parties legal representation will investigate the aspects of the case
  2. Pleadings, this is knowns as the initial paperwork in the lawsuit
  3. Discovery, this stage will see the gathering of all facts involved in the case where both sides can freely exchange information.
  4. Pre-Trial, this stage will involve both sides legal representation to conference and negotiate terms with one another.
  5. Trial, this stage is reserved for when a conclusion and resolution could be achieved through pre trial and then requires the matter to be resolved in court.
  6. Settlement, this stage entails a judge after careful consideration will come to an outcome and decide the fate of the matter.
  7. The final step which is often exhausted is known as appeal. This is seen when your legal representation will file an appeal on your behalf to argue the dispute and the outcome of the case. It is important to know this stage of the process can often be time consuming.

What can a Litigation lawyer help you with in this process?

Legal professionals can provide great assistance with all types of litigation cases. The specific jobs that may be required that can be completed by your representation are as follows.

  • Official complains
  • Affidavits
  • Defences
  • Discoveries
  • Interrogatories
  • Further and better Particulars
  • Arrange a barrister on your behalf

Litigation seeming a little daunting?

Anxious about your current legal situation? The whole process becoming slightly overwhelming for your? 

Contact our litigation lawyers now to discuss your options in a no-obligation consultation with the experts. We will guide you, step by step and ensure the best possible outcome for your circumstances.  Call our Brisbane lawyers on (07) 3009 8444 or our Sydney lawyers on (02) 9307 8900. Alternatively, contact us to get started.

The blog published by Rostron Carlyle Rojas is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.


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