What is the litigation process?

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Whether you are bringing a matter to court or defending against a claim brought against you, understanding exactly what is involved in the litigation process can bring some peace of mind to an uncertain time.

RCR Lawyers likes to arm our clients with precisely what each step entails so you can make informed decisions along each step of the litigation process.

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Taya LaurensTaya Laurens
12:12 25 Mar 23
I highly recommend Tyrone Thomas.
05:35 23 Nov 22
Team at Roston Carlyle Rojas Lawyers specially Varun Gupta, Brendon McKenzie and Maisie Taylor are great professionals with competent and outstanding skills. From the first meeting with Varun Gupta, we got assured that we are with right people and they proved it. No doubt they are most recommendable team of professionals. Throughout the process they kept us updated and were available all the time for any questions or concerns. We will again contact them and recommend to my friends and network.
Janet DaveyJanet Davey
07:04 05 Aug 22
Zoe Kansky is very professional and great to work with, she explains everything clearly from start to finish. She is also very friendly, l would definitely choose this firm again. I Highly recommend Rostron Carlyle Rojas Lawyers
Tina MckayTina Mckay
11:27 01 Aug 22
Mysa was completely competent from start to finish, she seamlessly guided us through the legal process and was very informative, no question was too small. The RCR Lawyers team was there with us from the beginning to the end and helped us achieve closure with a positive result and for that we are extremely grateful.
Sweden PerezSweden Perez
15:39 10 Dec 21
Upon meeting with Varun, I never doubted that he’s certainly a brilliant solicitor and true enough, with all the things he did for us, he really surpassed our high expectations. He is very responsive in everything and even to a small detail. He is very professional that he would give an honest advice and direct answers to all our questions and enqueries. He never left us especially in a critical situations (yes, there were a lot of circumstances but Varun fixed them for us) but actually, he stayed with us up to the last minute of the day or until to settle everything that we need to do. Thank you Varun for helping us to buy our first home!!!
Luke PatrickLuke Patrick
07:36 14 Jul 21
My partner and I went through these guys for a complicated partner visa case after being referred from a lawyer friend. After being told by other lawyers that it was either easy or impossible, these guys told it like it was, realistic (they also had the same fees as the others). Peter and Shanalee were with us the whole way to provide guidance and 2.5 years later we are happy to receive the news that the partner visa has been granted.Thank you for all of your hard work guys.All the best.

Steps for commercial litigation

Step 1

Determine the appropriate court or tribunal with jurisdiction to hear your matter.

In Queensland, the Queensland Civil and Administrative Tribunal (QCAT) handles consumer and trade disputes over contracts for the supply of goods and services is less than \$25,000.

Your jurisdictional court will differ depending on the amount of the dispute or the remedy you are seeking. If the amounts involved are higher, the dispute will go through the Magistrates Court, District Court or Supreme Court.

The Magistrates Court of Queensland can hear matters up to $150,000

The District Court of Queensland can hear matters between $150,000 – $750,000

The Supreme Court of Queensland hears all matters above $750,000

Step 2

File a with the appropriate court or tribunal.

The Claim should clearly identify the circumstances that led to the dispute, the breach of relevant laws, and the remedy being sought.

Step 3

Serve the Claim on the other party as soon as possible, either personally or through another method, depending on if the party is an individual or registered company.

Step 4

The defendant has 28 days to respond to the Claim with their version of events and any counterclaims. If no defence is filed within this time, a judgment in favour of the plaintiff can generally be requested without a hearing.

Step 5

If the defendant responds to the Claim, the next phase involves disclosure and discovery.

During this period, all parties will explore and probe into each other’s pleadings.

This typically involves searching for relevant documentation, providing a list of documents to the other party, and providing any requested documents.

Parties may also issue subpoenas to third parties seeking discovery of certain documents.

Step 6

Once steps 1-5 have been completed one of the parties can seek a court date. Before the matter proceeds to trial, the Court will usually require the parties to attend a pre-trial conference. This will allow the parties to narrow down the issues in dispute, and see if a resolution can be reached without the need for trial.

Why Choose RCR Lawyers for Resolving Your Commercial Disputes?

Our blend of extensive knowledge, customer-focused approach, and strategic orientation makes us stand out in handling commercial disputes.

We comprehend the difficulties high net-worth individuals and SMEs can encounter as disputes arise.

We’ve designed our services to meet these specific needs.

We want to help you resolve the current conflict and make your business relationships stronger and less risky in the future.

Navigating a commercial dispute resolution can be both time-consuming and emotionally draining.

At RCR Lawyers, we handle the legal work for you.

Our goal is to allow you to focus on running your business successfully.

Contact us

Please contact us today to schedule a confidential consultation, and let us put our extensive experience to work for you.

We’re here to provide expert guidance and practical solutions, ensuring your business stays on the path to success.

Your peace of mind and business prosperity are our top priorities.

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Meet our experienced team

Commercial Litigation

Paul Rojas

Michael Finch

Dean Alexander

Christine Kennedy

Mysa Mohannak

Lee Allen

Joelon Fincher

Marcus Malouf

Thomas Lane-porter

Neil Yang