When Can I Sue Someone?

If you feel that you’ve been wronged but it’s not a criminal matter to be dealt with by the Police then you may be able to commence Court proceedings against someone. The kinds of disputes that are dealt with under civil law include:

Neighbour disputes over fencing and property encroachment.

Complaint raised by customers or suppliers over failure to adhere to terms and conditions.

Partnership disputes or contract disputes between business partners

Complaints pertaining to real estate which involve buyers and sellers of property.

Commercial litigation also applies to situations where a tenant or landlord raises a complaint over breach of rental contracts.

Homeowners can use civil litigation to sue builders who are in breach of contract with the help of our building dispute lawyers.

Disputes over Wills and Estates can be brought before a civil Court for resolution. Both executors and beneficiaries can bring matters before a Court.

Victims of traffic accidents can file a civil litigation suit which enables them to sue for damages incurred.

Different kinds of legal cases have different time limitations imposed so it’s important that you seek legal advice quickly to find out if you can commence legal proceedings.

Different kinds of legal cases have different time limitations imposed so it’s important that you seek legal advice quickly to find out if you can commence legal proceedings.

How to File a Law Suit

Prior to court proceedings being commenced the first course of action is always to seek a resolution to the dispute – saving both time and money. There are several alternative dispute resolution methods which can be used including round table negotiation, conflict mediation, conciliation and arbitration. Dispute resolution lawyers can assist with this process.

If all attempts to settle the dispute fails, then the dispute will be taken to trial.

Trial proceedings are lengthy and somewhat complex but involve the stages of commencing proceedings, pleadings (where the dispute is described by the plaintiff and defended by the defendant), discovery (disclosure of documents by both sides), trial (where the Magistrate/Judge will hear the testimony of witnesses and make a ruling in the dispute), settlement and appeal.

How We Can Help

We are experienced civil lawyers in Townsville with proven experience across a wide range of Qld civil suits such as:

  • Divorce disputes
  • Will disputes

Litigation and Representation in Court

When it comes to litigation, Resolute Legal strives to provide alternatives. In other words – the Courtroom is always a last resort. However, we understand that in certain situations it is unavoidable. In these instances, a Resolute Legal litigation lawyer is precisely what you need. You can feel reassured that your matter is in the right hands.

Contact us to arrange a consultation with an experienced litigation solicitor in Townsville or Mt Isa.

How to File a Claim

In Queensland, the first step is to fill out a claim form which describes the claim a plaintiff is making against a defendant. A statement of claim describes the claim in detail and can then be used to begin proceedings. Claims can be made for fixed amounts of money or for damages and breach of contract.

Claims can be filed to address the following:

  • Damage to a motor vehicle in a traffic incident
  • Breach of contract
  • Debts which have not been paid

For disputes valued at under $25,000, proceedings are held at the Queensland Civil and Administrative Council.

Claims up to $150,000 are heard in the Magistrates Court.

Claims between $150,000 and $750,000 are resolved by the District Court.

Claims over $750,000 are commenced in the Supreme Court.

To start a court action, you will require an original and two copies of Form 2 – Claim (UCPR) and Form 16 – Statement of claim (UCPR) for each defendant.

Serving Notice for a Claim

To serve notice to a company, it is required that the claim be posted to their registered office address or to the director of the company.

A statement of claim can also be served by an adult, the plaintiff, a private process server or a court bailiff.

A defendant has the right to dispute your claim and must file and send the plaintiff a copy of Form 6 – Notice of intention to defend and a Form 17 – Defence. The claim must be continued by the plaintiff by filing a reply within 14 days of receiving an intention to defend. Your civil lawyer will be best positioned to track and respond to these matters in a timely and organised manner.

It is possible to resolve most disputes without the need for a courtroom. Once the defendant has filed their intention to dispute the claim, a settlement conference between the parties is scheduled by the registrar to discuss the matter. The goal is to try and resolve the matter by defining it more clearly and finding a solution.

Civil & Commercial Litigation Specialists in Queensland

Navigating the many regulations and requirements of a civil litigation suit can be a time consuming and challenging process. At Resolute Legal, we take care of every step of the process for our clients to save them time and emotional distress, while providing high quality legal representation so they can get the relief they deserve. Contact Resolute Legal today for in depth information on civil suits and how our team’s unique, tailor-made approach is the right option for you.

Liability Limited by a scheme approved under professional standards legislation