NEWCASTLE AND SYDNEY CIVIL LITIGATION LAWYERS

Civil law governs legal disputes between individuals, businesses, or organisations, where the state is not a party to the conflict. It provides the legal framework for resolving private disputes, and where resolution cannot be reached informally, it offers access to the courts for a binding determination.

In Australia, civil law encompasses the rules and processes designed to deliver fair outcomes for parties involved in disagreements. These disputes commonly arise from issues such as contracts, commercial arrangements, negligence, and other forms of wrongdoing.

Our Newcastle and Sydney civil law team delivers clear, strategic legal advice. We explain your rights and options in plain language, ensuring you are informed, supported, and confident throughout the process.

Neighbourhood disputes often arise over noise, boundary lines, or tree issues. These disputes are generally resolved through legal action, mediation, or court action in the small claims court or in the land and environment court. Our Newcastle and Sydney Civil Lawyers understand the stress that can arise when facing a neighbourhood dispute and aim to achieve cost-effective results. 

Nuisance claims often arise from trespass or interference with another person's right to the quiet enjoyment of their property. These disputes are generally best resolved through legal intervention or mediation; however, court avenues are available, such as injunctive relief or compensatory damages.  

Breach of Contract disputes arise when a party to a contract has failed to perform or act in accordance with a contract term. Litigation and mediation are available to resolve these disputes, and if this fails, court avenues for damages or specific performance of a contract term are available. Contract Law is a complex area that requires expert evaluation and consideration. Our Newcastle and Sydney Civil Lawyers have extensive knowledge of contract law and can guide you on the best options available. 

Debt Recovery disputes may arise when a person or company loans money to another person or company under an agreement for repayment, and the agreement is not upheld.  It is important to understand that an agreement can be made both orally and in writing, and if the borrower fails to uphold their end of the deal, you may have legal actions available for recovery. Debt disputes are complex and require close attention to detail. If you are considering loaning a friend or family member money or have been affected by a friend or family member who has not returned a loan you gave, our Newcastle and Sydney Civil Lawyers are here to help. 

Defamation is an area of law in which a person can seek damages or other relief for losses arising from another person's false allegations or slander. Defamation cases are not easy to establish and require expert legal advice. A loss following from, and in direct connection to the slander or libel must be established. If you have been affected by another person's false statements, our Newcastle and Sydney expert Civil Lawyers can assist to guide you through your options. 

Consumer Protection is an area of law where a consumer can take action for unfair business practices, including false advertising or faulty products or services that do not perform or meet the standards required under Australian Law. Situations such as this may arise if you have employed a contractor to do work, and that work fails to meet certain performance or safety requirements or is not completed as promised. Consumer protection laws are complex, and legal advice and representation are recommended when seeking to resolve a dispute of this nature. Our Newcastle and Sydney Lawyers have extensive experience in this area of law and can offer you the right advice on whether you have an available action. 

We provide effective representation across all types of civil litigation, briefing a select group of skilled barristers to ensure our clients achieve the best possible outcomes. 

If attempts to settle the dispute without court intervention fail, litigation may follow. Steps in litigation involve; 

• Starting the Court Process. This requires drafting and serving a statement of claim to begin court proceedings. The other party is notified that the matter has been filed in court. 
• 28 Day Time Limit Begins. The defendant must then file a Defence within 28 days or responding to the allegations. Taking no action or agreeing to the statement of claim served can lead to a default Judgment being made against you. 
• Discovery. After both sides have prepared their evidence, each party may also engage in discovery to seek further documents or information. This is generally done by way of subpoena, and the process can take several months. 
• Mediation or Settlement. Courts often require the parties to mediate to explore options for resolving the case without court intervention. At this stage, settlement offers can be made or agreements reached to avoid the litigation costs of court proceedings. 
• Hearing or Trial. If meditation is unsuccessful and no settlement is reached, then a hearing or trial will be scheduled, depending on the nature of the dispute. A hearing or trial involves both parties presenting evidence, and the court or jury making a final decision. If a case goes to a hearing or trial, Costs may be awarded against the losing party.