Effective Expert Dispute Resolution
The team at Rickards Whiteley will assist you to understand your legal rights and obligations arising out of a civil or commercial dispute. Our litigators have a specialised understanding of contractual law and dispute resolution processes and will apply this expertise to effectively resolve your dispute.
Guiding You Through the Process
A short summary of the process and procedure to be followed when starting or defending a claim in the Local, District and Supreme Court of NSW can be found on the NSW Government Department of Justice website.
In pursuing or defending a claim, our team will assist you to understand the nature of the dispute, the correct person or entity to be pursued, and the best way to present or defend the claim.
To commence court proceedings, a party usually files a document called a ‘Statement of Claim’. The party starting the claim is known as the ‘Plaintiff’ and the party defending a claim is known as the ‘Defendant’. The Statement of Claim usually sets out the dispute between the parties and the remedy being sought by the Plaintiff.
Once a claim is served on a Defendant, the Defendant usually has 28 days to respond by filing a Defence with the court. If the Defendant fails to file a Defence within the required timeframe, a judgment may be entered against the Defendant without notice. This may include an order for the Defendant to pay the Plaintiff’s costs of the proceedings.
Certain types of civil claims can also be commenced in the NSW Civil and Administrative Tribunal ("NCAT") which is usually cheaper and faster than court proceedings. NCAT claims are commenced by the filing of an Application.
Liability limited by a scheme approved under Professional Standards Legislation.
Disclaimer: The information provided on this website is general in nature and is not intended to replace legal advice specific to your situation. Whilst due care has been used to maintain information on this website, Rickards Whiteley does not warrant the accuracy or correctness of same.