Tribunal and Court Proceedings
Representation in civil proceedings before New South Wales courts and tribunals, depending on the nature and value of the dispute.
Commencing or Defending Legal Proceedings
Whether you are considering bringing a claim or you have been served with one, formal proceedings bring their own procedure, timetable and cost consequences. Understanding what to expect from the outset makes it easier to make sound decisions as the matter progresses.
Choosing the Appropriate Court or Tribunal
The nature and value of a claim determine whether it belongs in NCAT, the Local Court, the District Court or the Supreme Court. Each forum has its own procedure, jurisdiction and costs regime.
Early Assessment of Your Case
Before any document is filed, we assess the strengths, weaknesses and likely cost of the matter so you can decide, with a realistic view, whether proceedings are the right step.
Risk, Process and Likely Outcomes
Pleadings, Evidence and Procedural Steps
Proceedings involve filing pleadings such as a statement of claim or defence, exchanging evidence, and complying with directions made by the court along the way. Missing procedural steps can have real consequences for the outcome.
Negotiation and Settlement
Even once proceedings have commenced, most matters remain open to resolution through negotiation, offers of compromise or mediation. Preparing the case properly usually improves the terms achievable.
Hearings, Costs and Commercial Risk
Where a matter does proceed to a hearing, careful preparation of evidence and witnesses is essential. Litigation carries costs risk in both directions, and the potential cost of a matter should always be weighed against what is genuinely at stake.
Judgment, Appeals and Enforcement
Once judgment is given, there may be options to appeal in limited circumstances, or steps may be needed to enforce the judgment if the other party does not comply voluntarily.
How Shah & Co Lawyers can assist
We conduct proceedings with the discipline needed to keep costs proportionate to what is genuinely at stake.
Forum Advice
Advice on the appropriate court or tribunal for your claim.
Pleadings and Evidence
Preparation of claims, defences, affidavits and tender bundles.
Case Management
Handling directions hearings and interlocutory steps as the matter proceeds.
Barrister Briefing
Engaging experienced barristers where senior advocacy is warranted.
Settlement Strategy
Advice on offers of compromise and settlement throughout the proceedings.
Hearings and Trials
Preparation and representation at contested hearings.
What to expect once proceedings start
- A formal timetable set by the court or tribunal.
- Obligations to exchange evidence and comply with directions.
- Opportunities to resolve the matter before a final hearing.
- Costs exposure that increases as the matter progresses.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other civil law services
Contractual Disputes
Advice and representation where a contract has been breached, terminated, disputed or performed differently to what was agreed.
Learn moreDebt Recovery
Recovery of unpaid invoices, loans and money owed, from letters of demand through to judgment and enforcement.
Learn moreProperty and Ownership Disputes
Disputes about ownership, co-ownership, boundaries, easements, caveats and interests in land or other property.
Learn moreConsumer Disputes
Disputes about defective goods, poor workmanship, misleading conduct and services that were not delivered as promised.
Learn moreNegligence and Compensation Claims
Claims where loss has been caused by another party's carelessness, including professional negligence and property damage.
Learn moreInjunctions and Urgent Court Applications
Urgent applications to preserve property, restrain conduct or protect a position until the dispute can be determined.
Learn moreDiscuss commencing or defending your proceedings.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.