What is civil litigation? 
 

Civil litigation in South Australia involves legal disputes between individuals or entities that seek resolution through the court system. These disputes can include a wide range of issues, such as contract disputes, personal injury claims, property disputes, and more. 
 

What is involved in a civil litigation claim?
 

Understanding the civil litigation process is crucial for those involved in or contemplating legal action.

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1. Pre-litigation: Before filing a claim in Court, parties can attempt to resolve the dispute through negotiation, mediation, or other alternative dispute resolution methods. Engaging in these methods can potentially save time and resources.

2. Commencing civil proceedings: If pre-litigation efforts fail, one party (the applicant) can initiate the lawsuit by filing a statement of claim in Court. The Respondent may respond by filing a Defence, and the court process begins.

3. Discovery: Parties exchange information and evidence relevant to the case, which can include documents, witness statements, and expert reports.

4. Pre-trial proceedings: Parties may file applications, engage in settlement negotiations, and prepare for Trial. The Court may issue orders to manage the case.

5. Trial: If the case proceeds to Trial, both parties present their evidence, witnesses, and arguments before a Judge. The Court then makes a decision based on the presented evidence.

6. Post-trial proceedings: After the Trial, the Court delivers its Judgment. Either of the parties may file Appeals or seek enforcement of the Judgment, if necessary.

 

How long do I have if I want to institute legal proceedings in a civil litigation matter?
 

It's crucial to be aware of the statutes of limitations that apply to civil claims in South Australia. These time limits determine how long you have to initiate legal action after an incident or injury occurs. Time limits vary depending on the nature of the claim, and it is important to seek legal advice as soon as possible.