We recognise the merits of using alternative dispute resolution including conciliation, mediation and arbitration.

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Our lawyers can deploy a range of dispute resolution strategies focussed on the most cost-effective outcome for you.

We devise strategies to minimise and potentially neutralise risks before they escalate into protracted litigation.

We recognise the merits of using alternative dispute resolution including conciliation, mediation and arbitration.

Sometimes litigation is the best or only option. If this is the case, we have experience in South Australian and Federal Courts and have a close network with barristers who are specialists in their respective fields.

Our areas of Litigation and Dispute Resolution include:

  • commercial litigation;
  • contractual disputes;
  • employment and workplace disputes;
  • family law;
  • injury law;
  • franchising;
  • mediation and arbitration;
  • partnership and corporate disputes;
  • property disputes;
  • trade practices/ACCC litigation.

Questions to Consider

What is the High Court of Australia?

The High Court of Australia is the highest court in the Australian legal system. The High Court was established in 1901 by the Constitution of Australia. The functions of the High Court are to interpret and apply the laws of Australia, to determine cases of special federal significance (eg challenges to the constitutional validity of laws), and to hear appeals from Federal, State and Territory courts. The subject matter of the cases heard by the Hight Court covers the entire spectrum of Australian law including contract, copyright, criminal law, family law, injury law, insurance, property law and trade practices. Decisions of the High Court on appeals are final – there are no further appeals once a case has been decided by the High Court and the decision is binding on all other courts throughout Australia. Further information about the High Court is available on their website.

What is the Federal Court of Australia?

The Federal Court of Australia is a superior court of record and a court of law and equity. The Federal Court of Australia was created by legislation and commenced operating in 1977. The Federal Court has jurisdiction conferred by over 150 statutes of Parliament. The Federal Court also has a substantial and diverse appellate jurisdiction hearing appeals from decisions of single judges of the Court and from the Federal Circuit Court of Australia (previously the Federal Magistrates Court) in non-family law matters. The Federal Court’s jurisdiction now covers almost all civil matters arising under Australian federal law and some summary and indictable criminal cases. The Federal Court also exercise general appellate jurisdiction for criminal and civil cases on appeal from the Supreme Court of Norfolk Island. Further information about the Federal Court of Australia is available from their website.

What is the Supreme Court of South Australia?

The Supreme Court is the superior court of South Australia exercising original and appellate jurisdiction. The Supreme Court is a court of both law and equity and deals with the more important civil cases and most serious criminal cases. In its appellate jurisdiction it reviews and determines errors which may have made made in other South Australian courts. Further information about the Supreme Court is available from the Courts Administration Authority website.

What is the District Court of South Australia?

The District Court is the primary trial court in South Australia. The Court’s work covers four jurisdictions; civil, criminal, administrative and disciplinary division, and criminal injuries. The Court sits in Adelaide and conducts circuits at Mount Gambier, Port Augusta, Berri, Port Pirie, Whyalla and Port Lincoln. Further information about the District Court is available from the Courts Administration Authority website.

What is the Magistrates Court of South Australia?

The Magistrates Court of South Australia is the lowest level court in the state. and has a criminal and a civil jurisdiction. The criminal jurisdiction deals with summary offences which may be dealt with by a fine, imprisonment of up to two years, community service or a good behaviour bond. The civil jurisdiction hears cases seeking damages up to $100,000.00 and has a minor civil jurisdiction hearing cases up to $12,000.00. Further information about the Magistrates Court can be obtained from the Courts Administration website.

What is the Youth Court of South Australia?

The Youth Court Act 1993 establishes the Youth Court as a court of criminal jurisdiction which has the same powers as the Magistrates Court. The Youth Court is however a court of criminal and civil jurisdiction with powers conferred pursuant to the Young Offenders Act 1993, the Bail Act 1985, and the Children’s Protection Act 1993. The Youth Court may also make, vary or revoke a restraining order under the Summary Procedure Act 1921 or an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009. Further information about the Youth Court is available from the Courts Administration Authority website.

What is the South Australian Employment Tribunal?

The South Australian Employment Tribunal (SAET) resolves workers compensation disputes between injured workers and their employers through agreement at a conference, conciliation or mediation, or through a decision of the Tribunal at a hearing. Cases brought to the SAET for resolution include disputes about workers compensation claims, undue delays in decisions on workers compensation claims, and disputes about an employer providing suitable employment for a worker who has been incapacitated for work as a consequence of a work injury. The SAET is located at the Riverside Centre Building on North Terrace, Adelaide which is between the Railway Station and the Adelaide Convention Centre. Further information about the SAET is available from its website.

What is the South Australian Civil and Administrative Tribunal?

The South Australian Civil and Administrative Tribunal (SACAT) is a state tribunal that assists people to resolve specific types of civil and administrative law disputes. SACAT commenced on 30 March 2015 replacing work performed by the Guardianship Board, Residential Tenancies Tribunal and Housing Appeals Panel In addition, SACAT also has the responsibility for appeals previously made to the District Court on Guardianship Board and Residential Tenancies Tribunal matters, and land valuation appeals previously made to the Supreme Court. SACAT is located at Level 4, 100 Pirie Street, Adelaide and also Level 8, 85 North East Road, Collinswood. Further information about SACAT is available from their website.
 

What is the Federal Circuit and Family Court of Australia?

The Federal Circuit and Family Court of Australia is an Australian court formed in September 2021 from the merger of the Federal Circuit Court of Australia and the Family Court of Australia. It has jurisdiction over family law in Australia apart from Western Australia as well  as various other areas of law such as bankruptcy, copyright, human rights and industrial law.