CIVIL LITIGATION- Meaning
It is a legal dispute between two or more parties that seek money damages or specific performance rather than criminal sanctions. The lawyer who practice civil litigation represent parties in trials, hearings, arbitration and mediation before administrative agencies, foreign tribunals and federal, state and local courts.
TYPES OF LITIGATION
There are different kinds of civil litigation which has floor basis on material facts.
- PERSONAL INJURY: It can be common law claim, motor vehicle accidents, work injuries and victims’ compensation. It is governed by the civil Liability Act 2002. Within 28 days of service of the statement of claim the defendant must file either a notice of appearance or defense. Pre trial conferences must be made within 2 months of filing of statement of claim. It must be noted that trial will be adjourned only on good reasons.
- DECEASED ESTATES: It can be probate litigation or family provision litigation. The time limit to claim under FPA is 18 months from the date of death. UCPR (Uniform civil Procedure Rules 2005) part 7 rule 10 discusses court’s own motion for appointing the representative of the deceased estate.
- DEBT RECOVERY: A letter of demand should be issued to the alleged debtor unless there is a real fear that debtor will remove assets from the jurisdiction before legal proceedings can be commenced. It should contain client’s name, debtor, basis of claim, requirement of payment of full amount of debt, address of payment of debt, legal cost and interests etc.
- THE LOCAL COURT SMALL CLAIMS DIVISION: It is the forum for disputes concerning $10000 or less and is unlike the General Division of Local court, district or Supreme Court. It is appealable.
- PROCEEDINGS IN THE SUPREME COURT CORPORATIONS LIST: Proceedings under Corporation Act 2001 are usually brought in supreme or federal court although there can be claims which can be brought in inferior courts.
- BANKRUPTCY: It arises when an individual is insolvent. It is mandatory that bankruptcy notice to be given. There can be involuntary bankruptcy and voluntary bankruptcy. If the debtor fails to pay the debt within 21 days of date of service of the bankruptcy notice the debtor has committed an act of bankruptcy and creditors may file and serve a creditor’s petition.
- ADMINISTRATIVE APPEALS TRIBUNAL: It provides independent merits review of a wide range of administrative decisions made by the common wealth government and some non governmental bodies.
- PROCEEDINGS IN THE SUPREME COURT POSSESSION LIST: The possession list is a part of common law division of Supreme Court and is the forum for all proceedings relating to claims for possession of land. The filing of defense will make court to issue a notice listing and advising the parties of the date, time and venue of the first status conference.
- CONSTITUTIONAL LITIGATION: There are two categories of constitutional litigation- obviously constitutional and that give rise to constitutional questions. Identification of matter is the core of the litigation.
CIVIL LITIGATION AND CRIMINAL LITIGATION-DIFFERENCES
Civil litigation uses civil law whereas Criminal litigation uses criminal laws. The result may be compensation and in criminal case it is punishments.
We may conclude that the civil litigation term is of a broader scope and hence there may ingrain much other litigation inside it.