Civil law focuses on the laws governing the private rights and obligations between community members, i.e., individuals, businesses, and government bodies. Civil proceedings typically arise from disagreements over property or money, or when one party alleges another has committed some wrongdoing against them. In such cases, a Court may be asked to determine the matter and force compliance or order a remedy.
Unlike criminal law, civil law proceedings do not typically lead to criminal sanctions. Rather, remedies such as compensation for loss may be ordered to restore the aggrieved party to their original position had the ‘wrong’ not occurred.
The nature and value of a civil law matter can vary significantly. Some courts (and tribunals) have been established to hear matters specifically based on the type of dispute and/or monetary value of a civil claim.
We can assist with a range of civil law matters, including:
- Peace and Good Behaviour Orders.
- Foster Care complaints or processes.
- Blue Card matters.
- Other QCAT matters.
Commencing Civil Proceedings
Court proceedings usually start with a ‘statement of claim’ by the aggrieved party (plaintiff). The plaintiff sets out the details of the claim and makes a demand for a remedy, for example, the payment of money or the rectification of some form of agreement.
The party against whom the claim is made is the defendant. If the defendant does not comply with the request, the matter goes to a Court for a judge (or judicial officer such as a magistrate) to decide who is right.
A claim will need to be supported by appropriate evidence, which may be in various forms, for example, email exchanges, contracts, witness statements, video surveillance, etc.
The Court or Tribunal will be asked to decide the matter, which will generally result in the ordering of an ‘award’ to compensate the aggrieved party if they are successful. An award may comprise monetary compensation for ‘damages’ sustained by the wronged party. Other remedies may be ordered, such as an injunction (an order preventing a party from doing something) or specific performance (an order requiring a party to do something that was promised under contract). Orders to enforce a decision may also be made, like the garnishing of wages to pay a debt.
Do all Civil Disputes go to Court?
No. Before a dispute goes to Court or reaches a final hearing, it’s often possible and beneficial to resolve it in some other way.
We encourage alternative dispute resolution (ADR) to help our clients settle their legal disputes. ADR ranges from informal methods like negotiation to more formal processes, like mediation and conciliation.
Mediation is a process where two parties meet with an impartial person who facilitates discussion and encourages the parties to reach an agreement. The mediator does not judge or determine the matter but can help each party see options and the other person’s point of view. If you are looking for a mediator, contact Relate Mediation on 07 3463 3733 or email [email protected]
Participating in ADR does not give away any of your legal rights, and for many areas of civil litigation, the parties must first attempt to resolve their issues using ADR before their matter can be heard in Court.
ADR processes are generally less formal and less expensive options for resolving a dispute than litigation. In addition, ADR processes can:
- provide more creative solutions than what might otherwise be available through court orders
- result in a faster resolution than going through court processes and waiting for a final hearing
- give the parties more control over the outcome, which is not possible if a matter proceeds to litigation and a Court makes orders
- help preserve the parties’ relationship, which can be beneficial if they are to continue working together or communicating with each other
If a matter is resolved through ADR, a formal agreement can be prepared to document the terms of settlement. As every dispute is different and may involve multiple parties and different terms, it is essential to get legal advice on any terms of settlement before agreeing to them. This ensures you understand your rights and obligations and avoids future issues.
Legal disputes are sometimes unavoidable, and when they do arise, our role is to help you resolve the matter as quickly and inexpensively as possible while protecting your legal rights. In most cases, we will recommend ADR as a means of trying to settle your matter before resorting to litigation. If your matter must proceed to Court, we will provide strong representation on your behalf.
If you need legal help, call 07 5211 4040 or email [email protected].
If you are looking for a mediator, contact Relate Mediation on 07 3463 3733 or email [email protected]
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