Litigation lawyers run disputes — recovering money owed, defending a claim, or arguing about a contract that has broken down. The work covers negotiation, mediation and court proceedings, in roughly that order of frequency.

The first question a good litigator asks is not whether you would win, but whether the fight is worth having. Legal costs, time and the risk of paying the other side's costs often matter more to the decision than the merits do.

The work they handle

Contract and commercial disputes
Debt recovery and enforcement of judgments
Building and construction disputes
Partnership, shareholder and business separation disputes
Tribunal matters — consumer, tenancy, administrative review
Mediation and negotiated settlement

When to call a litigation lawyer

You have been served with court or tribunal documents
Someone owes you money and has stopped responding
A contract has broken down and the other side is threatening action
You have received a letter of demand
A dispute is escalating and you want to know your realistic options

What it costs

Litigation is charged hourly and is the hardest area to estimate, because how much work it takes depends partly on the other side. Ask for a costs estimate broken down by stage, and ask specifically about adverse costs — in most courts the losing party contributes to the winner's costs, and that risk belongs in the decision from day one.

How to choose

Ask about settlement, not just victory

The overwhelming majority of disputes settle. A lawyer focused only on trial is optimising for the least likely outcome.

Get the commercial picture early

A good litigator will tell you when the cost of the fight exceeds what is at stake, and that advice is worth paying for.

Check the forum

Small claims and tribunal matters are designed to run without lawyers and have their own cost rules. Make sure you are in the right forum before spending.

Common questions

If I win, does the other side pay my legal costs?

Usually they contribute, but rarely all of it. Recovery of costs is partial in most courts, and it runs the other way if you lose — which is why the costs risk needs to be understood before you start.

How long does a court case take?

Longer than most people expect. Matters that settle can resolve in months; contested proceedings that run to judgment often take a year or more depending on the court and complexity.

What is mediation?

A structured negotiation with an independent mediator. It is often compulsory before a hearing, and a large share of disputes resolve there — usually far more cheaply than at trial.

Is a letter of demand worth sending?

Frequently. It sets out the claim formally, creates a record, and resolves a good number of disputes without proceedings. It also needs to be accurate, because it can be put before a court later.

This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.

Litigation Lawyers by suburb

Litigation Lawyers in Perth, WA2 Litigation Lawyers in Adelaide, SA1 Litigation Lawyers in Ashfield, NSW1 Litigation Lawyers in Bowral, NSW1 Litigation Lawyers in Brisbane, QLD1 Litigation Lawyers in Brunswick West, VIC1 Litigation Lawyers in Buddina, QLD1 Litigation Lawyers in Cabramatta, NSW1 Litigation Lawyers in Camberwell, VIC1 Litigation Lawyers in Forrestdale, WA1 Litigation Lawyers in Highett, VIC1 Litigation Lawyers in Melbourne, VIC1 Litigation Lawyers in North Sydney, NSW1

By state and territory

Litigation & Dispute Lawyers in New South Wales4 Litigation & Dispute Lawyers in Victoria4 Litigation & Dispute Lawyers in Queensland2 Litigation & Dispute Lawyers in Western Australia3 Litigation & Dispute Lawyers in South Australia1 Litigation & Dispute Lawyers in Tasmania Litigation & Dispute Lawyers in Australian Capital Territory Litigation & Dispute Lawyers in Northern Territory