Your Top Choice for Litigation and Dispute Resolution Lawyers

Atkinson Vinden has one of the largest dispute resolution and litigation practices north of the Sydney Harbour Bridge. Our litigation lawyers take instructions in hundreds of disputes every year and have a notably high success rate in either settling cases to our clients’ satisfaction or realising an excellent outcome at court.

How can a dispute lawyer assist in my litigation proceedings?:

A litigation lawyer will represent and protect your interests throughout the entire dispute resolution process. Our litigation lawyers have vast experience in managing our commercial clients’ negotiations, settlements and court-based disputes by providing timely advice throughout all three stages associated with litigation cases, as outlined below.

Pleadings

Prior to the commencement of litigation procedures, you must first ensure that you have a cause of action or right to pursue legal redress. It is also crucial to possess admissible evidence that can support your claim. An initial conference with a litigation team member can clarify whether your case is eligible for legal proceedings, and how you should progress.

The plaintiff will file a complaint, outlining the facts of the case and which laws were violated. Once the defendant receives the complaint, they can either file an answer, responding to the statements addressed by the complaint, or they can file a motion to discuss, if this option is available.

Discovery

The discovery process describes the time-consuming task where each side gathers information. Information can include Interrogatories (answering written questions under oath), Requests for Production (providing documents, emails, texts, etc), or an examination.

At any time during the pleadings or discovery stages, the case can be settled – either through direct negotiation between parties or negotiation involving a mediator. Most cases are settled, with very few actually going to trial.

Summary Judgement or Trial

If a court does not receive a summary judgement request, then the case will go to trial.

What kind of cases require a litigation lawyer?

Our litigation lawyers have an established track record in cases involving:

  • Directors Disputes
  • Defamation
  • Negligence of other Professionals including other Lawyers
  • Building Disputes
  • Disputes over Commercial Contracts
  • Consumer Protection Claims
  • Debt Recovery
  • Bankruptcy and Insolvency
  • Make-good and other Lease related disputes
  • Breaches of Copyright and Trademark
  • Employment disputes and Fair Work Commission matters
  • Restraint of Trade Injunctions
  • Estate disputes and Family Provision claims

We Listen

Our litigation and dispute resolution lawyers take the time to find out what the real issues are, to answer all your questions, and to point you in the right direction.

We Put Your Interests First

When taking instructions in dispute cases, our litigation lawyers consider the following issues:

  • Is the dispute caused by one or other party misunderstanding their legal obligations and rights?  If so, we attempt to educate the parties involved so that they can understand their respective positions and therefore have the best opportunity of resolving the conflict.
  • What is in the best long-term interests of our client?  For example, should the dispute with the other party be seen in the context of a wider commercial relationship, which partially dictates how the dispute should be dealt with?
  • What is the likely cost of litigation and can it be justified?
  • What evidence is available to support our client’s position should the matter ultimately have to be determined by a Judge?

Is Litigation Necessary?

It is our experience that most commercial disputes are resolved without the Court hearing the matter and imposing a decision.  This is for several reasons:

  • By preparing a matter for hearing, the parties are forced to think deeply about the issues in dispute and assess objectively the strengths and weaknesses of their position.  This encourages compromise.
  • A known outcome, being a compromise between the respective parties’ original positions, is normally a preferred outcome to the uncertainty of a final decision by a Judge, which may be totally unfavourable.
  • Often the act of commencing proceedings against another party is sufficient to bring the other party to the negotiating table to resolve the dispute.

What Costs are Involved?

One important aspect to the provision of legal services to businesses or individuals is properly understanding the costs which relate to the work. We are open to negotiating fee arrangements, assisting with cash flow planning and being upfront about costs at all times. For more information about how we charge for services, watch our video below;

Book an obligation-free assessment

For an obligation free case assessment, contact our Disputes team to speak with an expert dispute lawyer on (02) 9411 4466 or email email@avlawyers.com.au.

Meet Our Disputes Law Team

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Protecting your reputation starts with simplifying the complex. This handy checklist should quickly point you in the right direction and help you understand whether you have a case, and where to start to secure the best possible outocme.