Understanding Legal Litigation

Litigation is the major legal dispute resolution process and means going through the court system. As well as litigation, there are other systems for a resolution you can try, such as arbitration, mediation and conciliation for example. However, those are less binding than litigation because the judge has absolute authority where an arbitrator or mediator does not. When you need to go through litigation you need to find good litigation lawyers Perth.

Other resolution dispute systems have their benefits

It does not mean that arbitration, mediation and other forms of dispute resolution have little value. Arbitration and mediation can prevent some disputes from blowing out of proportion. This means fewer cases go through the court which is already overrun with other matters. It brings people to a resolution faster and is a lot more affordable too. However, if push comes to shove, be sure to engage a lawyer who knows how to win disputes and legal litigation cases. 

Arbitration, mediation and other forms of dispute resolution are fine, as long as both parties involved in the case are prepared to accept the results. The major tool for achieving a judgement that is binding and enforceable is still to go to court. If a person ignores orders from a judge they can be convicted and punished. These are real consequences most people want to avoid. Even possibly a prison sentence. The other resolution systems do not have that strong of an enforcement.

How litigation applies to you

If your legal rights have been infringed upon, to a point where your life has been impacted, or if you are being sued, you need litigation lawyers Perth. Litigation is how you can resolve the situation with those who specialise in litigation and have experience with the process. If you have been drawn into a litigation issue or you are starting a litigation dispute, then you need to draw on their professional advice. To get the ball rolling, you must finalise all the necessary documentation, applications, and communications that are needed between the court and yourself, and between the other party and yourself.

Periods of limitation

The limitation periods for the proceedings to commence vary depending on the action and the court involved. Different limitation periods apply and need careful consideration. This is something your lawyer should know and advise you of. Examples of common litigation disputes and the limitation periods involved include;

● A breach in contract needs action within 6 years from the alleged breach

● A breach in a deed needs to happen within 12 years

● Defamation actions must happen with 1 year

● Personal injury actions in most states must happen within 3 years of when the injury was discoverable or within 12 years of date it happened

● A breach of trust from a beneficiary needs action to take place 6 years from the date

● Land recovery is 2 years in Western Australia and 15 years in South Australia and Victoria

The courts have some power to postpone or extend the limitation periods with legal litigation but not indefinitely.