Best Lawyers for Litigation in Australia

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Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Trade Law Litigation
Lawyer
  • Location:
    Perth, Australia
  • Practice Areas:
    Litigation Class Action Litigation Insurance Law
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Alternative Dispute Resolution Banking and Finance Law Litigation Insolvency and Reorganization Law
Lawyer
  • Location:
    Double Bay, Australia
  • Practice Areas:
    Litigation Insurance Law Medical Negligence
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation International Arbitration
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:
    Commercial Law Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Professional Malpractice Litigation Insurance Law Ethics and Professional Responsibility Practice
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Regulatory Practice
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Biotechnology Law Litigation Alternative Dispute Resolution Commercial Law Telecommunications Law Information Technology Law Intellectual Property Law Defamation and Media Law Franchise Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Insurance Law Alternative Dispute Resolution
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Insurance Law Professional Malpractice Litigation Product Liability Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    International Arbitration Construction/Infrastructure Law Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation Class Action Litigation Insurance Law Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Insolvency and Reorganization Law
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Product Liability Litigation Litigation
Lawyer
Kylie Downes QC was awarded  "Lawyer of the Year" in

Kylie Downes QC

Northbank Chambers
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Construction/Infrastructure Law Insolvency and Reorganization Law Commercial Law Corporate Law Litigation Intellectual Property Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation Agriculture & Rural Affairs
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation Insolvency and Reorganization Law
Lawyer
James Healy was awarded  "Lawyer of the Year" in

James Healy

Francis Burt Chambers
  • Location:
    Perth, Australia
  • Practice Areas:
    Insolvency and Reorganization Law Construction/Infrastructure Law Litigation International Arbitration
Lawyer
  • Location:
    Mount Waverley, Australia
  • Practice Areas:
    Litigation
Lawyer
Dominique Hogan-Doran SC was awarded  "Lawyer of the Year" in

Dominique Hogan-Doran SC

5 Wentworth Chambers
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Bet-the-Company Litigation Alternative Dispute Resolution Constitutional Law Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Corporate Law Insolvency and Reorganization Law Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Bet-the-Company Litigation Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation Insolvency and Reorganization Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Regulatory Practice Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Land Use and Zoning Law Planning and Environmental Law Litigation
Lawyer
Nicholas Mavrakis was awarded  "Lawyer of the Year" in

Nicholas Mavrakis

Clayton Utz
  • Location:
    Sydney, Australia
  • Practice Areas:
    Class Action Litigation Litigation Alternative Dispute Resolution Regulatory Practice
Lawyer
Paul McCann was awarded  "Lawyer of the Year" in

Paul McCann

Cornwalls
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
Khory McCormick was awarded  "Lawyer of the Year" in

Khory McCormick

Bartley Cohen Litigation Lawyers
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Alternative Dispute Resolution International Arbitration Natural Resources Law Bet-the-Company Litigation Government Practice Litigation
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:
    Bet-the-Company Litigation Commercial Law Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Government Practice
Lawyer
  • Location:
    Canberra, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation Insolvency and Reorganization Law Alternative Dispute Resolution
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Tax Law
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Criminal Defence Litigation
Lawyer
  • Location:
    Perth, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation Insurance Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Construction/Infrastructure Law International Arbitration Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Labour and Employment Law Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Insolvency and Reorganization Law Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Government Practice Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation International Arbitration Construction/Infrastructure Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Litigation Defamation and Media Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Legal Malpractice Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Class Action Litigation Insurance Law Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Bet-the-Company Litigation Alternative Dispute Resolution Litigation Constitutional Law

  • 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.