Services
Civil Disputes & Litigation
Civil Lawyer Adelaide
A Evans Testa civil lawyer will try to resolve his client’s disputes by evaluating the claim and advising on what the next steps should be. Civil litigation is the process of resolving civil disputes through the court system. Civil law grants to individuals the right to sue for compensation or for specific action in matters such as breach of contract, defamation and negligence.
If you feel that you’ve been wronged but it’s not a criminal matter to be dealt with by the Police then you may be able to commence a lawsuit against someone. The kinds of civil disputes that are dealt with under civil law include disputes between:
- Neighbours
- Customers and suppliers
- Business partners
- Landlords and tenants
- Buyers and sellers of real property
- Buyers and sellers of any goods including motor vehicles
- Home owners and builders
- Employees and employers
- Executors or beneficiaries in deceased estates
- Creditors and debtors
Different kinds of legal cases have different time limitations imposed so it’s important that you seek legal advice quickly to find out if you can commence legal proceedings.
Prior to court proceedings being commenced, if possible, the first course of action is always to seek a resolution to the dispute, saving both time and money.
There are a number of alternative dispute resolution methods which we can help with in an attempt to sort the matter out. If all attempts to settle the dispute fail then the dispute will be taken to court.
We have experience across a wide range of legal areas and can help you attempt to resolve the dispute and if that is not successful, then we can assist you with court proceedings.
What is a civil dispute?
A civil dispute involves disagreements between individuals, businesses or organisations over their respective legal obligations.
It may involve a debt, contract, property, personal injury, negligence or other private matters that do not involve the criminal law.
If court is required, which one will hear my civil claim?
Civil claims are heard as follows:
- Minor claim (≤ $12,000) → Magistrates Court, Minor Civil Division
- General claim ($12,001 – $100,000) → Magistrates Court, Civil (General Claims) Division
- Claims over $100,000 → District Court or Supreme Court
How do I start a civil case?
First, you must send a Final Notice / Letter of Demand before going to court.
You lodge your claim via the CourtSA portal.
When lodging, you choose where the hearing should be (which court location).
After lodging, you need to serve the other party (by post, email or in person) so they are formally notified.
What are potential outcomes for my civil claim?
The Court may refer the matter to mediation an an independent mediator may assist to resolve the dispute.
If matters can’t be agreed, the matter may progress to Trial and the Court will decide upon the outcome.