Step-by-Step Guide to the Litigation Process in QLD
At Resolute Legal, we have observed that most people are reluctant to initiate a litigation process because it can appear overwhelming and complex. We are often asked questions about the litigation process, how long it could take, and whether a favourable outcome is likely. In Queensland, the Uniform Civil Procedure Rules outline the rules and guidelines to be followed when interacting with the Courts. In this blog, we outline the litigation process in an accessible way.
If you’re looking for an accident claim lawyer to help you begin legal proceedings, contact us today!
Step 1: Initiating Proceedings
To initiate a legal proceeding, a Claim and Statement of Claim is filed with the registry of the relevant court by a plaintiff. The documents explicitly state what the plaintiff wants from the other party and provide facts that are relevant to support the claim. The accuracy and drafting of these documents is absolutely vital to a case, so always make sure that every detail has been checked by an experienced solicitor.
Defence/Default Judgement
Once the defendant has been served with a sealed Claim and Statement of Claim, they must file a Notice of Intention to Defend and provide a defence within 28 days. The defence should state the defendant’s response to the allegations and should ideally be drafted with the help of a legal representative.
Reply
The plaintiff is then given the chance to respond to the Defence by way of a Reply. The Reply to the defence must be filed within 14 days of the filing of the defence.
Disclosure
Both parties are given the opportunity to provide electronic or hard copies of all documents that are relevant to the dispute. This step allows both parties to have access to all evidence that is being used in the case.
Mediation
The mediation stage provides both parties with the chance to settle the matter with the help of their legal representatives before it goes to trial. A settlement or mediation conference may be requested by either party or ordered by the Court.
Trial or Hearing
Each party is given the chance to present their case before the Magistrate or Judge. A judgement is then handed down once all the evidence is considered.
Civil Litigation Lawyers for Neighbour Disputes in Townsville
Although the litigation process in Queensland is robust and efficient, each case is different and requires a dedicated, organised approach. At Resolute Legal, we provide clients with expert legal advice and representation to help them navigate the civil litigation process with ease. Contact us today to arrange a consultation with our team of accident lawyers.
