Chatfields Lawyers and Consultants practices in areas of law and disputes pertaining to aged care, elder law, guardianship and administration, health law, inquests, dispute resolution, litigation, and wills and estates.
Civil litigation is a common process of dispute resolution whereby a member of the community engages with the court system. Under the common law system in Australia, individuals have the right to sue for compensation or specific action in matters including, but not limited to, negligence, defamation and breach of contract.
Prior to matters escalating to the commencement of court proceedings, the first step for clients is to seek a resolution to their dispute, and this can be assisted by a legal professional, and is often both the most cost-effective and time-saving initiative for clients.
There are several primary alternative dispute resolution methods which legal professionals can organise and support clients to participate in: mediation, negotiation, arbitration and conciliation. It is only if extended efforts to settle the dispute are unsuccessful that the dispute will proceed to trial.
Trial proceedings have the potential to be both lengthy and complex and often entail an emotional cost as well as financial. There are several key stages to court proceedings:
- Pleadings – set outing your case or defence
- Discovery – putting into evidence all your relevant documents
- Mediation - all court matters are referred to mediation or conciliation before being listed for trial
- Trial – the hearing of the dispute by a Judge
- Appeal - whilst less common, the losing party may be able to appeal a judgment on points of law
Our team is equipped to support you in each of these stages, and can ensure you provide the relevant court forms required contingent upon the nature of your dispute and the Jurisdiction it is conducted within.
Our Principal Paula Chatfield has conducted litigation in most jurisdictions in Victoria since 1990 and is conscious of the client’s desire for expedient resolutions to their disputes from both a financial perspective and emotional perspective – needing closure on challenging and emotional issues is usually the priority. Paula will assist and guide you along this difficult journey in the legal system. Her aim is to make a emotional and stressful experience more bearable with the aim that you "get back on with your life" beyond your legal dispute.