Article
The Evidence Behind a Legal Claim
The role of documentary, oral and electronic evidence in civil disputes, and what it takes to build a credible case.
Litigation
The Case begins before the Courtroom.
Triage Legal advises and represents clients in contentious matters before courts and tribunals. Our work begins with understanding the facts, documents and legal position, and continues through strategy, preparation, proceedings and where appropriate, settlement or enforcement. We approach each dispute with attention to both its legal character and the practical circumstances in which it arises.
Practices
The Scope of Litigation
Our litigation work spans a range of civil, commercial and regulatory disputes, involving different legal, factual and procedural questions.
01
Civil & Commercial Disputes
Shareholder and partnership disputes, business and commercial claims, professional negligence, tortious liability, injunctions and other civil remedies.
02
Property & Real Estate Disputes
Title and ownership, possession, development and construction, leasing and licensing, property transactions, land-related claims and other property rights.
03
Contractual Disputes
Contract interpretation, performance and breach, termination, indemnities and guarantees, contractual remedies, and disputes arising from commercial and project agreements.
04
Consumer Matters
Defective goods and services, deficiency in service, unfair trade practices, claims against manufacturers and service providers, and related statutory remedies.
05
Recovery & Enforcement
Debt and money recovery, execution of judgments and decrees, attachment of assets, enforcement of orders and awards, insolvency-related claims and realisation of security interests.
06
Regulatory & Administrative Matters
Regulatory challenges, statutory approvals and permissions, licensing, compliance and enforcement proceedings, administrative decisions and judicial review.
The Litigation Process
From issue to resolution.
A considered approach at every stage, from the first signs of a dispute to its resolution and, where necessary, enforcement.
The Beginning of a Dispute
When a dispute begins to take shape.
A contentious issue may arise through a disagreement over rights or obligations, a demand or notice, a failed negotiation or an emerging conflict between parties. We help clients assess the position, provide practical advice and evaluate the available options before proceedings are commenced.
01
Assess
Review the facts, documents, legal position and available remedies.
02
Advise
Consider options, risks and practical consequences.
03
Decide
Seek to resolve, take protective steps or proceed, depending on the circumstances.
Preparation
The case is built before it is argued.
Preparation involves a detailed analysis of the facts, documents and evidence, identification of the legal issues and determination of the remedies to be sought. A well-prepared case provides the foundation for effective representation.
Facts & Documents
Establish the factual position and analyse the relevant record.
Legal Issues
Define the issues and the applicable legal framework.
Remedies
Determine what should be sought, including interim and final relief.
Representation
Representation grounded in preparation.
We represent clients before courts and tribunals, advancing their case through pleadings, applications, hearings and the presentation of evidence and arguments. We respond to new documents, changing factual positions and procedural developments as the matter progresses, while keeping the wider objectives in view.
Pleadings
Present the client's case and respond to the other side's pleadings.
Hearings
Advance the matter through hearings and applications as required.
Evidence
Present and challenge documentary and witness evidence.
Final Submissions
Make final submissions and respond to the other side.
Resolution & Enforcement
A dispute does not necessarily end with a hearing.
Matters may be resolved through settlement, or determined by judgment or order. In many cases, the practical work continues afterwards, including compliance with orders, execution of decrees and other enforcement measures. We assist clients in achieving and giving effect to the outcome, whether through negotiated resolution or formal enforcement.
Settlement
Negotiated resolution on terms that reflect the client's objectives.
Judgment / Order
Determination of rights and obligations by a court or tribunal.
Enforcement
Taking steps to give effect to the result, including execution and compliance.
A hearing may determine the dispute, but the practical work may continue afterwards.
Our Approach
From assessment to resolution.
A consistent, structured approach throughout, focused on the client's objectives.
1
Assess
We examine the facts, documents and legal position and identify the issues that are likely to determine the matter.
2
Advise
We consider the available remedies, risks and practical implications and advise on the appropriate course.
3
Prepare
We develop the case through factual analysis, legal research, pleadings, evidence and supporting material.
4
Represent
We conduct proceedings and advocate on the client's behalf, responding to developments as the matter progresses.
5
Resolve
The matter may conclude through judgment, settlement or another outcome, with further steps taken where necessary to give effect to the result.
Related Reading
Insights
Guide
Why Limitation Periods Matter in Legal Disputes
How limitation periods operate, common issues that arise and the consequences of delay.
Legal Update
Recent Developments in Civil and Commercial Law
A summary of recent Supreme Court decisions concerning summary judgment, rejection of plaints and specific performance.