Best Lawyers for Litigation in Australia

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Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Mergers and Acquisitions Law
Lawyer
  • Location:
    Perth, Australia
  • Practice Areas:
    Insurance Law Litigation Class Action Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Double Bay, Australia
  • Practice Areas:
    Litigation Insurance Law Medical Negligence
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    International Arbitration Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Construction/Infrastructure Law Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Commercial Law Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Ethics and Professional Responsibility Practice Litigation Professional Malpractice Litigation Insurance Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Alternative Dispute Resolution Franchise Law Commercial Law Biotechnology Law Information Technology Law Intellectual Property Law Litigation Defamation and Media Law Telecommunications Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Insurance Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Product Liability Litigation Professional Malpractice Litigation Insurance Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Construction/Infrastructure Law Litigation International Arbitration
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Insurance Law Alternative Dispute Resolution Litigation Class Action Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Insolvency and Reorganization Law
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation Product Liability Litigation
Lawyer
Kylie Downes QC was awarded 2019 "Lawyer of the Year" in Elasticsearch.PracticeArea

Kylie Downes QC

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

James Healy

Francis Burt Chambers
  • Location:
    Perth, Australia
  • Practice Areas:
    Construction/Infrastructure Law Litigation Insolvency and Reorganization Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Transportation Law Shipping & Maritime Law Insurance Law Trade Law Alternative Dispute Resolution
Lawyer
Ruth C A Higgins was awarded  "Lawyer of the Year" in

Ruth C A Higgins

Banco Chambers
  • Location:
    Sydney, Australia
  • Practice Areas:
    Bet-the-Company Litigation Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Mount Waverly, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Perth, Australia
  • Practice Areas:
    Commercial Law Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Bet-the-Company Litigation Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Bet-the-Company Litigation Insolvency and Reorganization Law Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Regulatory Practice Litigation
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:
    Regulatory Practice Alternative Dispute Resolution Litigation Class Action Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation Government Practice Alternative Dispute Resolution Bet-the-Company Litigation International Arbitration Natural Resources Law
Lawyer
John McKenna QC was awarded  "Lawyer of the Year" in

John McKenna QC

Level 16 Quay Central
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Bet-the-Company Litigation Litigation Commercial Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Construction/Infrastructure Law Defamation and Media Law Litigation
Lawyer
  • Location:
    Canberra, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Litigation Criminal Defence
Lawyer
  • Location:
    Perth, Australia
  • Practice Areas:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Insurance Law Alternative Dispute Resolution
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Insurance Law Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Construction/Infrastructure Law Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Construction/Infrastructure Law Litigation
Lawyer
  • Location:
    Sydney, 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:
    Alternative Dispute Resolution Litigation
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Litigation
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Litigation Class Action Litigation Alternative Dispute Resolution Insurance Law
Lawyer
  • Location:
    Perth, Australia
  • Practice Areas:
    Competition Law 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.