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: