Litigation & Disputes

Expertise

Litigation & Disputes

Our approach to litigation & disputes is to find the right strategy to resolve  issues in a way that best suits your business needs.

Coleman Greig has a proven track record achieving great results for our clients in negotiation, mediation and resolution of commercial disputes and our lawyers are highly experience including 3 Accredited Specialists. 

Our skilled team of negotiators can assist you in achieving a non-litigated solution to your issue and will work with you to identify a preferred outcome and the best way to achieve it. 

We also seek to minimise costs for you and your business by employing alternative dispute resolution techniques and by clearly defining the issues in dispute between parties.

When there is no alternative to Court, you can be confident that Coleman expert litigators are tenacious, dedicated and determined. 

Coleman Greig are available to service your needs no matter where you are located in NSW. Our network of offices are supported by the latest digital technology, enabling us to work with you in a way that suits you best.

Any personal information you provide is collected pursuit to our Privacy Policy.

Expert Litigation and Dispute Resolution Solicitors

As one of Sydney’s leading litigation law firms, Coleman Greig professionally handles the affairs of commercial and personal clients, offering practical, actionable advice and expertise.  

We take our role in the community seriously and work hard to support local individuals and businesses. To this end, we aim to simplify and break down confusing entities like dispute resolution law through webinar recordings and detailed publications. For the latest news and alerts, please visit our excellent media centre, where you will find plain English guides, insightful blogs, and ebooks. We also provide information about career opportunities and regular events, like the Coleman Greig Challenge.

Understanding
Litigation Law

Litigation law in Australia applies to resolving disputes through the traditional court system. Some typical issues that lead to litigation in law include:

  • Contract disputes—Legal issues pertaining to breaches of legally binding verbal or written agreements, whether business-related or personal.
  • Real estate disputes—Disagreements about ownership, use, or possession.
  • Personal injuries—Claims over injuries caused by negligence or accidents.
  • Property damage—Parties seeking compensation for damage caused by the actions of others. 

The Importance of Litigation Law

Litigation and
dispute law are crucial for several reasons, including:

  • Fairness and transparency—Disputes require a fixed legal framework and structured process for balanced resolutions.
  • Deterrence—Legal consequences for violations often act as a valuable deterrent.
  • Justice—A cornerstone of any advanced society, the principles of justice allow individuals a court-based means of equity.

Litigation law in Australia

An experienced litigation law practice like Coleman Greig is vital when legal disputes occur. They will guide you through the dispute process, gather evidence, negotiate settlements, and represent your court interests.

Why Choose Coleman Greig as Your Dispute and Litigation Law Firm?

When you partner with Coleman Greig as your expert professional services disputes law firm, you will experience the unrivalled service and skills of a team that has won numerous awards and received much acclaim and positive critical recognition. We work tirelessly to operate as a fair and effective litigation law firm, providing superior legal services according to our strict rules of governance that dictate our attitude to our role in the local community, ethical values, and social responsibility. The team at Coleman Greig prides itself on ultimate professionalism, discretion, and client satisfaction every step of the way. If you want to learn more, please don’t hesitate to contact us with questions or comments; an experienced litigation team law firm representative will gladly assist.

Plain English Guides

Plain English Guide to Making a Claim under the Building & Construction Industry Security of Payment Act 1999 (NSW)

If you are a party to a construction contract or supply related goods and services under one, then the Building & Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) is relevant to you.

Plain English Guide to Contesting a Claim under the Building & Construction Industry Security of Payment Act 1999 (NSW)

Is someone doing construction work for you? If you are a party to a contract under which construction work or related goods or services are being provided to you in NSW then the Building & Construction Industry Security of Payment Act 1999 (NSW) (the Act) affects you.

Insights

Employers should exercise caution when dismissing during probationary period

Can you dismiss an employee during the probationary period? Yes, but a recent case is a lesson in caution. The recent Federal Court decision of ‘Dabboussy v Australian Federation of Islamic Councils’ is a warning to employers to consider the importance of timing if dismissing an employee during probation.

The business impacts from the Government’s new cyber security laws

Cybercrime ‘is a multibillion-dollar industry that threatens the wellbeing and security of every Australian’. In an effort to combat the impact on businesses and individuals, the Australian Government has introduced cyber security legislative reforms into the Parliament.

FAQs

Litigation and dispute resolution are proven and accepted methods to resolve legal conflicts with significant differences in the way they operate and expected outcomes, as follows:

Litigation

  • Litigation is a formal, structured legal process that involves presenting a case in court.
  • Proceedings and outcomes are available as part of the public record.
  • A judge or jury makes a legally binding decision based on the evidence/arguments presented.
  • Litigation is often more confrontational and adversarial, as each party attempts to win over the judge or jury.
  • Proceedings can be long and drawn out, making it an expensive process as court and attorney fees accumulate.

Dispute Resolution

Dispute resolution is less formal than litigation and is typically tackled in stages (referred to as Alternative Dispute Resolution), including:

Mediation

  • A neutral, third-party mediator works with the disputing parties to reach a mutually acceptable, non-binding agreement without escalating.
  • Parties are encouraged to approach mediation with an open mind and willingness to compromise. Agreements can often be reached through discussion and negotiation. 
  • Proceedings are private and confidential and not available as part of the public record.

If mediation fails, the next stage in the dispute resolution process is:

Arbitration

  • A neutral third party acts as a judge and hears arguments from both sides before making a binding decision.
  • Proceedings are private, and the outcome is typically confidential.
  • Although arbitration is relatively flexible and much less formal than court appearances, any decision the arbitrator reaches is final and cannot be appealed.

Key Differences

  • Mediation allows parties significantly more flexibility and control over the outcome. Litigation is rigidly determined by established legal procedures.
  • Mediation is typically less time-consuming and costly than litigation.
  • Litigation is public, whereas mediation is private

It is almost always in the best interests of both parties to reach an agreement through dispute resolution, avoiding the costly, stressful experience of full court proceedings.

Experienced, conscientious dispute solicitors are vital in helping opposing parties resolve conflicts without the need for traditional court proceedings in the following ways:
  • Independently assessing disputes and offering considered legal advice on the best course of action
  • Explaining various dispute resolution methods and recommending the most suitable choice based on the case details.
  • Gathering/organising evidence and preparing relevant documents/evidence that support their stance.
  • Drafting settlement agreements and arbitration submissions.
  • Representing their clients during mediation, engaging in negotiations, and working towards a mutually acceptable outcome.
  • Presenting their client’s case, advocating for their interests during arbitration, and ensuring a fair, balanced process.
  • Acting as an intermediary and facilitating communication between parties in order to find common ground. 
  • Applying a comprehensive knowledge of litigation and dispute law to streamline and steer the dispute resolution process.
  • Minimising potential legal/financial risks on behalf of their client.
  • Protecting their client’s privacy and ensuring the dispute resolution remains confidential.
  • Handling sensitive issues empathetically, considerately, and professionally throughout the process.
Through these critical actions, dispute solicitors from the best litigation law firms help clients resolve unpleasant, stressful conflicts quickly, efficiently, and painlessly. A competent, meticulous disputes law firm like Coleman Greig can almost always save their clients time and costs.

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230