Litigation & Dispute Resolution

What is Litigation?

What kinds of cases?

Plaintiffs & Defendants

Litigation is the process better understood as resolving a dispute via the court system in accordance with the law. Any dispute within a judicial system that involves two or more parties, whatever that dispute is about, can correctly be described as litigation

In simpler terms: litigation is what happens when two or more persons, businesses or legal entities take legal action to settle any dispute recognised at law.

Allen Law takes on any dispute case. From cases involving unpaid invoices, the recovery of outstanding loan amounts, if negligence has caused you harm, or someone has taken your property, all the way up to complex, multimillion dollar business disputes involving multiple corporations and trust structures.

Whatever your dispute is about, big or small, we know how to safe guard and protect your interests.

We act for both plaintiffs and defendants in any type dispute.

We also act for third parties that have become involved in, or are interested in, the outcome of a particular matter, such as intervening amicus curiae (as a friend of the Court).

Types of Disputes

We represent clients in all disputes, no matter where they are located in Australia.

The types of disputes we undertake, include, but are not limited to:

  • Recovery of unpaid invoices or other amounts owing
  • Negligence claims
  • misleading & deceptive conduct disputes
  • Employment disputes
  • Contractual disputes
  • Leasing disputes
  • Franchise disputes
  • Shareholder & joint venture disputes
  • Trespass to property and land
  • Fencing disputes | Easement disputes
  • Passing off, intellectual property & copyright
  • Nuisance disputes, such as noise disputes
  • Property disputes
  • Loan disputes
  • Building & construction disputes
  • Estate litigation | Family provision claims
  • All torts. For an explanation of what a tort is, click here
  • Any other dispute
     Any Dispute. Any time. Any where.

States & Territories

We have experience acting for plaintiffs and defendants all over Australia, so whether you’re located as far West as Perth, as far south as Hobart, as far North as Darwin, or on the East coast, we can help.

Some of the courts we appeared for clients in, include: 

  • The Supreme Court of Western Australia
  • The Supreme Court of New South Wales
  • The Supreme Court of Queensland
  • The Supreme Court of Victoria
  • The Supreme Court of Tasmania
  • The Federal Court of Australia
  • And every court in between!

 

Any State. Any Territory. Australia wide.

Courts & Tribunals

Different types of disputes which involve the court process need to be commenced within the correct court or tribunal in accordance with the legislation and rules which apply in that particular jurisdiction.

We have acted for both plaintiffs and defendants all over Australia and in most courts and tribunals.

So no matter the type of dispute or where you are located, we know the procedural rules which are going to apply, and can make sure your case starts off on the right foot.

Any Court. Any Tribunal. Any Jurisdiction.

Alternatives to Court

If you become involved in a dispute, but prefer not to go to court, there are alternatives.

Available Alternative Dispute Resolution processes exist, such as:

 

  • Informal settlement negotiations and discussions 
  • Informal mediations
  • Informal conciliations
  • Arbitration

We have years of experience in resolving all types of disputes favourably for our clients without the need for formal litigation processes.

We can organise mediation with experienced mediators, so that you have an opportunity to resolve your dispute cost effectively without the need to resort to costly court processes.

In our experience, the majority of cases tend to resolve via alternative dispute resolution methods, so there is no better time to utilise them than before you go to court!

We always try to resolve disputes as soon as possible, without the involvement of the courts, and if that is not possible, we can represent you throughout the court process.

Get in touch today to see how we can help you resolve your dispute amicably, without the need for costly court proceedings.

Foriegn Judgments Enforcement

You may have obtained a judgment from a foreign court against a person located within Australia, or who has assets or an income in Australia.

In those situations, you likely want to be able to enforce that judgment in Australia to recover your legal costs and compensation without the need to sue the same individual again.

We have advised and successfully enforced judgments of foreign courts in Australia, unlike many law firms which have no experience in this special area of law.

Foreign judgment enforcement law is complex, whether or not you are enforcing a foreign judgment in Australia, or an Australian judgment overseas. So get in touch today.

Pre-action Procedures

In today’s modern, technologically advanced world, people can do the wrong thing – from anywhere in the world – and often, they can do it anonymously. 

If someone is engaging in conduct which is wrong, and breaches a civil right you have, such as defaming you online, through an anonymous website and IP address, there are steps you can take to discovery his or her identity, and then take action against them. 

We have experience in the pre-action procedures necessary to enable you to discover who he or she are, where they are located, and to seek remedies in Australia or in other jurisdictions in the world.

Our Litigation Strategy

Results drive advocacy, from consultation to courtroom

Step 1

Comprehensive Consultation

We take interest in your matter from the start, so that we can understand the facts, the legal issues and what you want your outcome to be. This allows us to tailor an effective litigation strategy based on your goals and circumstances.

Step 2

Legal Strategy

Each matter is unique. So we design bespoke legal strategies to resolve disputes efficiently - whether through negotiation, mediation or trial. We advocate for you.

Step 3

Open Communication

We keep you updated every step of the way, and if you want to ask us a question about your matter, at any time, we are always available.

Step 4

Fearless Advocacy

If your matter must go to court, we provide strong legal advocacy in the courtroom. We are relentless in defending your rights and interests, presenting your case with precision and passion.

per ardua ad astra – through adversity to the stars