Best Lawyers for Litigation in Brisbane, Australia

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Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Construction/Infrastructure Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation Commercial Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Insurance Law Ethics and Professional Responsibility Practice Professional Malpractice Litigation Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Telecommunications Law Litigation Information Technology Law Intellectual Property Law Alternative Dispute Resolution Franchise Law Commercial Law Defamation and Media Law Biotechnology Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Insolvency and Reorganization Law Litigation
Lawyer
Kylie Downes QC was awarded  "Lawyer of the Year" in

Kylie Downes QC

Northbank Chambers
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Corporate Law Construction/Infrastructure Law Commercial Law Litigation Insolvency and Reorganization Law Intellectual Property Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Bet-the-Company Litigation Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Alternative Dispute Resolution Insolvency and Reorganization Law Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Corporate Law Insolvency and Reorganization Law Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Bet-the-Company Litigation Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution Regulatory Practice
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Planning and Environmental Law Land Use and Zoning Law
Lawyer
Khory McCormick was awarded  "Lawyer of the Year" in

Khory McCormick

Bartley Cohen Litigation Lawyers
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Bet-the-Company Litigation International Arbitration Natural Resources Law Litigation Government Practice Alternative Dispute Resolution
Lawyer
John McKenna QC was awarded 2020 "Lawyer of the Year" in Elasticsearch.PracticeArea

John McKenna QC

Level 16 Quay Central
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Commercial Law Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    International Arbitration Construction/Infrastructure Law Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Legal Malpractice Litigation Litigation

  • Location:
  • Practice Areas:

Practice Area Definition

Litigation Definition

Litigation in Australia typically refers to practice in all areas of dispute resolution. The practice has developed traditionally under both common law and federal and state civil procedure legislation. 

Litigation matters vary in scope and subject matter, however, they can involve everything from contract disputes and tort claims to claims arising from breaches of specific statutes such as the corporations law and competition (anti-trust) legislation. Given the large breadth of potential disputes, many litigation practitioners will specialise in a range of niche areas such as property and construction claims, personal injury matters, employment law claims, Intellectual Property disputes, tax and finance matters, or even representing corporations and individuals in State and Federal regulatory investigations, inquests, and inquiries.

Litigation practitioners frequently act for corporate entities or individuals by: 

•   advising in relation to strategy to resolve or avoid disputes;
•   negotiating on behalf of clients in disputes to obviate the need for Court proceedings;
•   instituting Court or Tribunal proceedings which can include the drafting and preparation of documents such as Court applications, pleadings (including Statements of Claim and Defences to claims), affidavits, witness statements, and other essential procedural documentation;
•   advocating on behalf of clients before Courts or Tribunals;
•   negotiating the terms of settlement of Court proceedings; and
•   enforcing judgments of Courts or Tribunals (i.e. recovering awarded sums).

Whilst in Australia professional advocate barristers are typically “briefed” by an instructing lawyer to appear in more substantial matters, advocacy before Courts and Tribunals is not restricted to barristers and any lawyers admitted to practice in the relevant jurisdiction may appear on behalf of their clients.

A growing area of Litigation practice in Australia is acting in relation to regulatory compliance. As the sheer number of laws enacted each year (at a State and Federal level) rises exponentially, so too does the compliance burden. In this respect, practitioners are increasingly being called upon to:

•   advise in relation to general regulatory compliance;
•   respond and object to penalty notices;
•   respond to regulatory inquiries and investigations;
•   defend prosecutions;
•   negotiate with regulators to settle claims; and
•   assist to comply with and observe regulatory rulings or orders which can often involve the imposition of fines, disqualifications from office, mandatory corrective action or inaction, and even organisational restructuring.

Prosecuting regulators and government agencies with whom practitioners deal include the Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), Australian Prudential Regulation Authority (APRA), and Australian Federal Police (AFP) to name but a few. In dealing with these regulators, matters can be as diverse as breaches of company directors’ duties, insider trading, white collar crime, price-fixing, and even foreign bribery matters.

Litigation practice in Australia also encompasses Alternative Dispute Resolution (ADR), that is, the resolution of disputes outside the traditional framework of State and Federal Courts and Tribunals. This generally includes varying forms of mediation, arbitration, and expert determination. Given the high costs, delay, and adverse publicity associated with Court proceedings, many parties to commercial contracts in Australia are now insisting on the provision for ADR in contracts as an antecedent step to Court proceedings. Litigation practitioners require a sound understanding of all forms of dispute resolution in order to effectively advise their clients. The choice of resolution strategy or forum will often depend on the client’s unique circumstances, the particular area of law or both.

Litigation in Australia typically refers to practice in all areas of dispute resolution. The practice has developed traditionally under both common law and federal and state civil procedure legislation. 

Litigation matters vary in scope and subject matter, however, they can involve everything from contract disputes and tort claims to claims arising from breaches of specific statutes such as the corporations law and competition (anti-trust) legislation. Given the large breadth of potential disputes, many litigation practitioners will specialise in a range of niche areas such as property and construction claims, personal injury matters, employment law claims, Intellectual Property disputes, tax and finance matters, or even representing corporations and individuals in State and Federal regulatory investigations, inquests, and inquiries.

Litigation practitioners frequently act for corporate entities or individuals by: 

•   advising in relation to strategy to resolve or avoid disputes;
•   negotiating on behalf of clients in disputes to obviate the need for Court proceedings;
•   instituting Court or Tribunal proceedings which can include the drafting and preparation of documents such as Court applications, pleadings (including Statements of Claim and Defences to claims), affidavits, witness statements, and other essential procedural documentation;
•   advocating on behalf of clients before Courts or Tribunals;
•   negotiating the terms of settlement of Court proceedings; and
•   enforcing judgments of Courts or Tribunals (i.e. recovering awarded sums).

Whilst in Australia professional advocate barristers are typically “briefed” by an instructing lawyer to appear in more substantial matters, advocacy before Courts and Tribunals is not restricted to barristers and any lawyers admitted to practice in the relevant jurisdiction may appear on behalf of their clients.

A growing area of Litigation practice in Australia is acting in relation to regulatory compliance. As the sheer number of laws enacted each year (at a State and Federal level) rises exponentially, so too does the compliance burden. In this respect, practitioners are increasingly being called upon to:

•   advise in relation to general regulatory compliance;
•   respond and object to penalty notices;
•   respond to regulatory inquiries and investigations;
•   defend prosecutions;
•   negotiate with regulators to settle claims; and
•   assist to comply with and observe regulatory rulings or orders which can often involve the imposition of fines, disqualifications from office, mandatory corrective action or inaction, and even organisational restructuring.

Prosecuting regulators and government agencies with whom practitioners deal include the Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), Australian Prudential Regulation Authority (APRA), and Australian Federal Police (AFP) to name but a few. In dealing with these regulators, matters can be as diverse as breaches of company directors’ duties, insider trading, white collar crime, price-fixing, and even foreign bribery matters.

Litigation practice in Australia also encompasses Alternative Dispute Resolution (ADR), that is, the resolution of disputes outside the traditional framework of State and Federal Courts and Tribunals. This generally includes varying forms of mediation, arbitration, and expert determination. Given the high costs, delay, and adverse publicity associated with Court proceedings, many parties to commercial contracts in Australia are now insisting on the provision for ADR in contracts as an antecedent step to Court proceedings. Litigation practitioners require a sound understanding of all forms of dispute resolution in order to effectively advise their clients. The choice of resolution strategy or forum will often depend on the client’s unique circumstances, the particular area of law or both.