commercial-litigation
Civil Court DisputeA civil court dispute involves proceedings (litigation) between opposing parties which may include individuals, corporations, government or other entities.
A civil court case generally concerns a dispute about the rights or liabilities of the parties involved, with one party seeking a court ordered remedy against the other party or parties. The remedy may be in the form of monetary compensation for damages or loss suffered, an injunction (an order preventing a party from doing something), or a range of other discretionary orders such as for the sale of property and its proceeds distributed in a specific manner.
Court proceedings are commenced by the aggrieved party (the plaintiff) filing a summons or application in the relevant jurisdiction, identifying the party against whom a remedy is sought (the defendant). The claim usually includes a statement of facts summarising the circumstances of the case, identifies the wrongdoing or area of law breached and states the remedy sought.
The defendant is ‘served’ with the claim and is required to respond within a specified time. The type of response filed is determined by the relevant circumstances and how the defendant wishes to answer the claim.
If the matter is not settled by negotiation or through an alternative dispute resolution method such as mediation or conciliation, it is set down for hearing and determined by the Court.
