Litigation is an avenue used when two or more people, or group of people, are in dispute and cannot negotiate a resolution. If you are in this situation and wish to use the Court to resolve a dispute, we can provide guidance throughout the process to settle your matter as efficiently as possible.
Our focus is to act in your best interest, which often means to achieve a quick, painless resolution and to minimise costs. Typically, we resolve our clients’ matters without the need to go to Court. We will advise you on all the options available for your situation.
Litigation spans across a wide range of issues, and our well experienced and knowledgeable litigation team are equipped for it all. The areas we commonly assist our clients with are:
Insolvency & Liquidation
Due to the complexity of the Australian legal system, litigation lawyers will serve as your expert guide throughout the entire litigation process, in addition to court representation.
While your litigation lawyer is fully prepared to take your matters in front of a judge, the preference will always lean towards resolving disputes through an amicable settlement between the parties involved. The practice consists of exploring the circumstances, facts and strengths of each party’s legal claims. If neither side is willing to settle on terms, the final recourse, then, is to proceed to trial.
Stephens & Tozer Litigation lawyers are experts at resolving court issues and preparing and managing cases. They have a thorough awareness of the various courts’ needs and procedures. Stephens & Tozer Litigation lawyers are also skilled in drafting legal papers like complaints and defences and negotiating with opposing counsel. Litigation lawyers must safeguard their client’s position while carefully responding to the opposite side and the courts throughout the process.
The importance of case management cannot be overstated. To secure the most remarkable results for their clients, litigation lawyers collaborate with teams and other experts such as valuers, barristers, and expert witnesses. Stephens &
Tozer Litigation lawyers are essential to any case’s negotiation, coordination, preparation, and resolution.
A litigation lawyer’s responsibilities can be divided into seven distinct stages.
The entire process usually starts with an investigation for your litigation lawyer to thoroughly understand your circumstances and establish whether the client has a good legal position.
The initial pleading process initiates the formal suit through a written complaint prepared by your litigation lawyer.
The discovery process involves turning over relevant documents, answering queries and providing supplemental information to help secure a complete understanding of the underlying situation.
In an attempt to achieve a speedy resolution, mediation is put in place to resolve the issues without taking them up to court. Both parties are invited to convene before a mediator in an attempt to negotiate an amicable settlement.
Before the actual trial commences, various motions are filed to the court, and a ruling is requested from a judge.
During the actual trial, a barrister will take over the proceedings from the litigation lawyer. Nevertheless, your solicitor’s role remains necessary and essential in conducting and preparing for the trial proceedings.
In the absence of a favourable outcome, the unsuccessful party may file an appeal. The appeal is a contention alleging that the judge may have incorrectly passed a decision.
Stephens & Tozer believes that what sets us apart from other firms is our ongoing personal interaction with and assistance with our clients. The firm’s mission is to achieve this and provide adequate and timely counsel to our clients.
Our objective is to strive for excellence in all we do, and it is our goal to structure our service to you as a high-quality, cost-effective service.