What is the ‘Legal Process’. A question that people often ask when told they will have to go through the ‘Legal Process’.
We hear clients ask us “What does it mean?” Generally, most matters start with a Claim and Statement of Claim against the Defendant. This sets out the basis as to why the Defendant should pay the Plaintiff money, or be found in breach of a contract, or whatever it is the Plaintiff is complaining about. The Defendant has 28 days in Queensland to file a Defense. This should set out all the reasons why the Plaintiff’s case will fail.
After these steps, it is up to the Parties to progress the matter. This might be by way of disclosure (a process whereby both sides send each other all documents relevant to their case, whether favorable or not), mediation, settlement conference (if the matter is under $150,000), or setting the matter for final hearing. We like to be pro-active and move matters quickly where possible, to benefit our clients.
Generally speaking, most matters do not proceed to trial unless absolutely necessary. It is our view that early resolution is an excellent option. If our client’s case can be put forward as strongly as possible, as early as possible, it allows our opposition to make a reasonable determination of their prospects (or otherwise). We work with our clients to get the best possible result, in the quickest time with the best value for money.
If you would like advice, or even a simple discussion on any aspect of the processes listed, please contact our office and speak with Brendan.