A civil litigation matter usually involves an individual, a company or the government that is in dispute with another individual, company or government and seeks compensation or some other remedy. The party that lodges the claim is referred to as the plaintiff. The party that defends the claim is known as the the defendant. The defendant is the party that is accused of infringing plaintiff’s rights.
To start a civil action, Legal Guru can assist you to lodge a claim or application in the relevant court registry.
- Disputes involving monetary sums of $150,000 or less are handled by the Magistrates Court.
- Disputes involving monetary sum of $150,000 but less than $750,000 it will be heard in the District Court.
- The Supreme Court hears all civil matters where the amount of money is more than $750,000.
Before you decide to take a matter to court, Legal Guru can assist you to decide whether it is suitable to consider to commence legal action. Legal Guru can help you to determine whether you have a suitable cause of action, whether there are sufficient grounds to bring the case, and the extent of damage or loss that you may have suffered.
Legal Guru can also assist to determine if you have sufficient evidence, whether or not your claim is inside the relevant limitation period, and the rules about calculating time. Legal Guru can also assist you to get an extension of time in certain circumstances.
If you and a number of other people are in the same situation and affected by the same legal situation, Legal Guru can assist you to bring about a Class Action.
Before you decide to bring about any civil action in court, it is important to consult an experienced lawyer, so that you are fully aware of the possibility of an adverse costs order. In Queensland, the general rule is that ‘costs follow the event’, which means that the losing party is usually required to pay the costs of the winning party.