Litigation Law in Australia 2018-06-08T15:34:15+00:00

To be legitimate means to fight impunity. Impunity is brought to an end by the law of litigation. Litigation is the act of presenting ones’ complaints before the governing body which is the court of law. The litigation process is aimed at enforcing human rights. The litigation process involves a chain of events that lead to a court trial and a possible resolution for the matter in that case. When resolving a conflict or a dispute between two or more parties, there are rules and practices that are involved. Those rules and practices are the litigation laws.

The system of governance in Australia is the federal type where there is a division of power between the individual state and the central government. In this case, federal courts have been established to hear all civil matters that may arise. The courts are several types of courts depending on the type of case that has been brought forward. The courts are arranged hierarchically according to the complexity of the case. Once cases have been presented to a court, proceedings commence. A statement of claim and defence must be handed to the judiciary. For the hearing of the cases to proceed, evidence must also be present prepared by each party.

Advantages of litigation law

The law of litigation is advantageous in that the process is procedural, full of evidence. A piece of evidence is a clear indication that something happened. A case may also incorporate the use of witnesses who are part of the evidence provided. The process occurs in a court of law. This is a public facility and should serve the general public without discrimination. Therefore, the chances of injustice are minimal. The judges also make their judgment based on the country’s constitution. Due to strictness in the rule of law, there is ample satisfaction in the administered judgment.

Limitations of litigation law

Though litigation is a good way of resolving a legal question, it has some disadvantages. Today’s’ leaders are money-oriented. This dictates that their leadership skills will greatly affect litigation law. Due to corruption cases, litigation has turned out to be a competition of presenting arguments, where the wealthier party will win the case. This is because the richer party will hire experienced lawyers, hence end up convincing the jury and the judge. Since it requires the collection of evidence and witnesses, it makes it complicated and time-consuming too. It is also not favourable to the less fortunate since it is costly and requires huge financial budgets. Another limitation of litigation law is when the final judgment does not favour the offended party. This dissatisfaction may result in political and social disturbances.


In Australia, many citizens will be discouraged by litigation law. This does not mean they will live with unresolved legal matters all the times. Conciliation is an option, which involves the introduction of a third party who listens to grievances of the two colliding parties. The mediator will then make a decision without compromising any of the parties. This is an affordable and peaceful way of solving disputes.