Service Overview
Notes: Defending court action (received a “writ of summon” where they need to respond within 14 days). Other keywords – Responding litigation action.
Our commercial dispute and litigation lawyers provide strategic legal advice and solutions for companies and individuals across the marketplace. Our focus remains on delivering cost-effective solutions to help you resolve your legal disputes and litigation.
As experienced litigation lawyers , AH2 Legal assist our clients in defending all kinds of commercial disputes and litigation, including:
- Corporate & business disputes;
- Partnership disputes;
- Debt recovery;
- Breaches of contract;
- Franchising disputes;
- Property and leasing disputes;
- Trade practices & Australian Consumer Law;
- Misleading and deceptive conduct.
Defending Court Action Enquiry
Understanding Civil Litigation and Your Defense
Civil litigation action is the process of two or more parties taking legal action against each other in a Court. This can be a very stressful and important time for you or your business.
If there is an action that has been commenced in Court against you, it is imperative to ensure that you respond to the action in the correct manner and within the prescribed timeframe. Failure to respond to an action may result in the Court making a decision against you without your involvement (known as a default judgment). Whilst it is possible to set aside a default judgment, it will likely cost you significant amount of unnecessary legal fees. For example, if you are served with a Writ of Summons, depending on your geographical location, you may only have 10 days to respond to the claim by filing a Notice of Appearance.
Defending litigation action is complex process requiring careful navigation, extensive experience and professional insights. By understanding the process and engaging an experienced litigation lawyer who can approach the dispute with a strategic and commercial mindset, aiming for a resolution that aligns with your interest within the boundary of the law is a crucial first step.
Over the years, our team has achieved favourable outcomes in a wide range of commercial disputes and has defended clients in various Courts.
The Process
We start with an initial consultation to assess the claims that were brought against you and understand your side of the story. We will also provide guidance to you in relation to the steps you must take to respond to the claim (e.g. entering an Appearance, after receiving a Writ of Summons).
Once you decide to engage us to defend your action, we collate all relevant documents (including brief statements from possible witnesses) to support your argument and consider, within the limited time, the defence that you may rely upon in Court.
Based on our assessment of the claim, we prepare the relevant documents to defend the actions including a Notice of Appearance and the Defence.
Despite the actions has been commenced, we will explore all possible dispute resolution options including conducting out of court settlement conferences and exchange “without prejudice” offers, if appropriate.
If a fair settlement can’t be reached, we continue to defend the actions in Court.
Why Choose
AH2 Legal
We are different from other law firms whereby we do not provide one-size-fits-all solutions. We approach every case with fresh eyes, putting in the time and effort required to truly understand your problems before providing tailored solutions to suit your individual needs. As litigation is inherently risky and costly, we are transparent and upfront about all of the costs involved so that you are clear from the start on how much it may cost defend your case and be able to make an informed decision.
FAQ Section
If you receive a court document, such as a Writ of Summons, you must treat it seriously.
If you do not respond to the Writ of Summons within the time set out in the document, the Court may determine the disputes in your absence, usually in favour of the other person. When this happens, the Court will make a default judgment against you.
A default judgment is a judgment made by the Court in favour of the other person in your absence. Usually, this happens when you failed to do something within the required timeframe (e.g. failed to enter an Appearance).
If you have a default judgment entered against you, you may ask the Court to reconsider the matter by making an application to the Court within a specified period of time. The Court may decide to uphold the judgment or set aside the judgment, depending on your circumstances. However, usually, even if you are successful in setting aside the default judgment, you will be required to pay costs to the other side. This is because you were in default in the first place.
If you receive a claim to which you do not have a valid defence, but are otherwise unable to pay the amount of the claim, you should consider a number of options.
First, you may consider whether you have any counter-claim or off setting claim. For example, the other person may be liable to pay you an amount because of a separate dealings.
Second, you should consider whether it is possible to enter into negotiation with the other person in relation to partial or instalment payments of the claim.
If all of this fails, you may have to consider bankruptcy.
This depends on many factors including the complexity and the quantum of the claim, the Court in which the action is commenced, the number of witnesses and the volume of the evidence. Another important factor is whether the case could be settled before it reaches trial.
Generally, all legal actions are inherently costly and lengthy. It is not uncommon to have cases that can last many years in Court and cost enormous amount of legal fees.
This is why it is so important to understand all the pros and cons, including the likely costs, before suing a person.
The good news is that majority (over 90%) of cases that started in Court would settle at some point before trial.
Generally, in a civil litigation, the losing party will have to pay “some” costs to the winning party. However, this is not guaranteed because whether or not you will be awarded costs after a trial depends on many factors such as how the case has been conducted by the winning party and whether settlement offer was unreasonably rejected.
Also, in usual circumstance, the winning party can only recover part of its legal costs (known as party-to-party costs) which means that the winning party will likely still have some out of pocket payment to make.
Need Help?
If you find yourself having any legal issues and would like more information about how you should proceed, contact us now at 08 6161 0243 or submit an enquiry form below:
