Civil & 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. Although most civil proceedings are commenced to pursue claims in tort or contract, litigation can originate from many other different causes.
Civil proceedings in Western Australia may be commenced in one of the State Courts, namely the Magistrates Court of Western Australia, the District Court of Western Australia or the Supreme Courts of Western Australia, depending upon the amount of the claim.
Generally speaking, the civil jurisdiction of the Magistrates Court is limited to $75,000. The jurisdiction of the District Court, other than in personal injury claims, is limited to $750,000 while the Supreme Court has unlimited jurisdiction.
Civil proceedings involving commercial claims are commenced in the District and Supreme Courts by the issue and service by the plaintiff on the defendant of a Writ of Summons. In the Magistrates Court, civil proceedings are commenced by the issue and service on the defendant of what is called a General Procedure Claim.
In the absence of an early settlement of the matter, various pleadings will be filed on behalf of the parties who will also be required to make discovery on oath of all documents that may be relevant to the matter in their possession or control.
Because of the cost of maintaining proceedings, particularly in the Superior Courts, it is important for lawyers, in representing their clients, to try and achieve a settlement of the matter as soon as possible. This avoids the expense and stress of a trial.
Commercial Litigation Perth: Lenhoff & Associates has considerable experience in managing and resolving many different kinds of commercial disputes which may arise between individuals and/or small and medium-sized corporations.
LENHOFF & HOTZ have over five decades of legal experience primarily in the fields of:
| Wills, Testamentary Trusts, Probate and Powers of Attorney | Insurance |
| Advice – Guarantees and Solicitors Certificates | Franchising |
| Shareholder and Partnership Agreements | Consumer Law |
| Settlements [Property and Business] | Debt Recovery |
| Companies, Trusts and Partnerships | Estate Planning |
| Corporations Law Applications | Restraint of Trade |
| Corporations Law Applications | Dispute Resolution |
| Deceased Estate Administration | Inheritance Claims |
| Binding Financial Agreements | Commercial Leases |
| Civil & Commercial Litigation | Commercial Contracts |
Commercial Litigation Perth
LENHOFF & HOTZ is a Perth law firm with offices in the suburb of Malaga, some 10km from the city centre, we have over 40 years of experience in Commercial & Civil Litigation, Debt Recovery, Trade Practice, and Australian Consumer Law matters, Trusts, and Estate Litigation, Building and Construction Disputes, Partnership Disputes, General Dispute Resolution.
We also have many years experience in the following commercial law areas: — Settlements (Property and Company ), Conveyancing, Commercial and Retail Leasing, Contracts, Wills, Testamentary Trusts, Grants of Probate and Letters of Administration, Deceased Estate Administration, Estate Planning, Enduring Powers of Attorney and Enduring Powers of Guardianship, Inheritance Claims, Contracts of Employment and Restraint of Trade, Insurance, Franchising, Binding Financial Agreements, Advice on Guarantees and Solicitors Certificates.
Here at Lenhoff & Hotz, we’re acutely conscious of the costs and risks associated with commercial litigation Perth, particularly in the Superior Courts. Consequently, we use our best endeavours to achieve a result in matters handled by us well before the trial period that’s the most expensive portion of the litigation process. Historically, a large majority of matters managed by us (more than 90 percent ) have been resolved at an early stage of the event to our customers’ satisfaction. To that end, we have recourse to different procedures of dispute resolution before commercial litigation Perth, such as informal settlement discussions with opposing parties and their legal representatives at an early stage in the proceedings, mediations and pre-trial conferences convened before court-appointed Registrars.
Furthermore, our customers are provided with regular reports and updates in order to allow them to make informed decisions regarding the progress of their matters and to instruct us so.
In short, it’s our mission carefully to guide our customers through the litigation process to try and get the best results for them in an early stage of the proceedings. Taking a matter to trial is a last resort.
As commercial lawyers, we try to provide concise and clear ideas and sensible and cost-effective solutions. We’re able to assist in a variety of areas of commercial law seeking always to preserve and advance the best interests of our clients. We guarantee personal caring service combined with reasonable rates so that our clients achieve the best possible outcomes.
We offer personalised, cost-efficient and effective legal services to corporations, big and smaller businesses, other commercial enterprises and individuals.
We welcome bureau work from Law Firms in the Eastern States and abroad.
