Commercial Litigation Noranda
Commercial Litigation Noranda: Commercial Litigation is the act or process of bringing or contesting a legal action in a court of law of the competent jurisdiction. The procedure followed in this process is laid down in the Rules of Court which are designed to try and achieve a resolution of disputes within the court system. Even though most civil proceedings are started to pursue claims in tort or contract, lawsuit may arise from a number of other different causes.
Civil proceedings in Western Australia could be initiated at one of the State Courts, especially the Magistrates Court of Western Australia, the District Court of Western Australia or the Supreme Courts of Western Australia, based on the Quantity of the claim.
Generally speaking, the civil jurisdiction of the Magistrates Court is limited to $75,000. The authority of the District Court, other than in personal injury claims, is limited to $750,000 while the Supreme Court has unlimited jurisdiction.
Civil proceedings between commercial claims are initiated in the District and Supreme Courts from the issue and support by the plaintiff on the defendant of a Writ of Summons. In the Magistrates Court, civil proceedings have been commenced by the issue and service on the defendant of what is called a General Procedure Claim.
In the lack of an ancient settlement of the matter, many pleadings will be submitted on behalf of those parties that are also required to make discovery on oath of all records which could be pertinent to the matter in their ownership or control.
Due to the cost of keeping proceedings, particularly in the Superior Courts, it is very important to attorneys, in representing their clients, to attempt to reach a settlement of the situation whenever possible. This avoids the cost and anxiety of a trial.
Commercial Litigation Noranda Lenhoff & Associates has considerable experience in managing and resolving several distinct kinds of commercial disputes which may arise between small or individuals and medium sized corporations.
Three decades lawsuit experience primarily in the fields of Commercial Litigation, Debt Recovery, and Dispute Resolution.