Court & Tribunal Litigation
Litigation is amongst the several dispute processes provided by the law. As enacted in several movies and TV shows, litigation is usually conducted before a judge where both parties present their case and argue their matter. However, it is obviously less dramatic and more practical in real courts and tribunals.
What are the Parties Involved in Litigation?
All litigation matters, irrespective of their nature, will always involve at least two parties. At one end is the party bringing the matter before the court for a binding decision. On the other end is the party responding to the matter so brought.
In civil and administrative cases, the party bringing the dispute is referred to as the plaintiff or the applicant. Whereas the responding party is called the respondent. In criminal cases, the party that brings the matter to the court is the State itself and is represented by the prosecutor. Whereas, the party responding in such cases are called defendants who are accused of a criminal act.
How does it work in Courts and Tribunals?
The courts and tribunals in Australia come together to provide several avenues available for litigation within the Australian legal system. Judges overlooking matters in courtrooms and tribunals rely on strictly established processes, laws and legal precedents to give their final decision.
What does litigation involve?
In brief, a litigation process usually involves the following steps:
Step 1. Pre-commencement preparation
Step 2. Filing and service of originating process
Step 3. Presenting defenses and crossclaims in court
Step 4. Discovery or issuance of subpoenas
Step 5. Filing of evidence affidavits
Step 6. Trial and decision
Step 7. Appeal if necessary
Step 8. Enforcement of the court’s decision
Alternative dispute resolutions
The court can recommend, or the involved parties can decide to opt for an alternate dispute resolution mechanism at any time during the proceedings. this is a far more costs efficient way of approach in dealing with disputes facing the other party.
An Overview for Clients and International Visitors
Australia has a well-structured legal system based on the common law tradition, inherited from the United Kingdom.
The system operates under a federal model, meaning there are two main levels of courts:
Federal Courts - deal with matters under Commonwealth (national) law
State and Territory Courts - handle the majority of criminal and civil cases under local laws
Each level has its own court hierarchy, allowing for appeals and specialisation depending on the complexity of the matter.
High Court of Australia
Federal Court of Australia
Federal Circuit and Family Court of Australia
Supreme Court
District Court
Local or Magistrage Court
Administrative Review Tribunal
Specialist Tribunals (NCAT, QCAT, VCAT)
Fair Work Commission
Human Rights & Equal Opportunity Commission