Litigation Is Scary

In contrast to the simplicity of obtaining Probate (set out in our previous post ‘Probate Isn’t Scary’) no one should undertake commercial, business or financial litigation unless they have no choice but to defend a claim being made against them.

Virtually all commercial, business or financial litigation involves a claim for money. Whether it be a claim for money that is owed or is repayable or is being claimed by the plaintiff in the court proceedings.

The reason litigation is scary, is because litigation is time consuming, stressful, expensive disruptive to your business/personal life and distracts you from your current business and employment activities, roles and obligations.

The rules of civil litigation (commercial, business and financial) were created in the 1800s and have remained basically the same since that time. They require the litigation process to proceed in steps where the plaintiff prepares, files and serves a document and the other party replies with a document. Eventually there is an opportunity for mediation and a trial.

Unfortunately, the steps do not require the attention of the final decision maker at an early stage of the process and by the time the final decision maker is involved in mediation or a trial, both parties have spent a great deal of money on their solicitors and have been distracted from their business and employment and have endured the stress and worry of the outcome.

The outcome is never predictable even where a party to the litigation believes they have a strong case, you must understand that the magistrate or judge who decides your case is human, and will bring their own view of the world, common sense and legal training to the dispute and may well decide against you and order you to pay the amount claimed against you and the costs of the successful party.

Wherever possible, do not give credit, avoid financial disputes and bear in mind the adage “cut your losses” because it will be cheaper than incurring significant legal expenses in the journey where the outcome can never be predicted.

If you need help defending a matter but you have no choice but to defend, please contact Carley Ronan or Richard Holt for practical and timely advice.

Disclaimer: This advice is general in nature and is not intended to be legal advice. If you would like legal advice, please call our office on (07) 5619 0440 and we would be pleased to assist you.