Disagreements with a neighbour, a business partner or a landlord are referred to as non-criminal issues and these often require formal resolution. In order to resolve these conflicts, civil litigation offers settlements in courts without involving criminal charges.
This blog aims to outline the five key types of civil litigation cases that are most commonly encountered in Perth. By gaining insights into these areas, you can better recognise when and how legal assistance is needed.
Contract dispute arises when communities or individuals disagree over the terms, interpretation or performance of a binding agreement, for example, a contract or master service agreement (MSA). These disputes form the basis of many civil actions due to obligations and rights between contracting entities.
In order to resolve such issues, civil litigation solicitors in Perth engage with the opposing party to reach an agreeable solution without court involvement. This process allows them to find cost-effective and timely resolutions.
Property disputes include land ownership, use and rights, boundary issues, easements, tenancy disagreements and adverse possession. In Perth, these disputes are often referred to as neighbourhood conflicts. It raises conflicts between landlords and tenants in cities and property development disagreements.
For example, boundary disputes frequently stem from unclear survey plans or fencing errors. In order to resolve this issue, a Civil Litigation Lawyer Perth explain their client’s property rights. They assist with negotiation and mediation to resolve disputes without court proceedings. Litigation lawyers also offer tailored legal strategies to protect property ownership and handle complex property transactions or conflicts.
Claims about negligence refer to scenarios where a party fails to provide the reasonable care expected. As a result, it leads to harm to another party. The lack of a duty of care, causation, and damages is identified as negligence.
The causes of injuries through accidents serve as exemplary cases of negligence, which include crashes, workplace risks and unwanted slips. Public liability cases happen whenever someone suffers an injury either on a person’s property or in a public area.
These often occur due to the owner’s or the tenant’s failure to maintain safe environments. Negligence is extended to slip-and-fall accidents in supermarkets, dog attacks or injuries in children’s playgrounds due to malfunctioning of machinery.
In order to navigate the complex legal requirements of negligence claims, a civil litigation lawyer in Perth can help you by following these practices:
Defamation is a false statement that harms the reputation of a person, business or organisation. There are two main types of defamation, slander and libel.
The principles of fairness are formed on fairness, justice and conscience. It serves as a complementary judicial system to common law, where strict rules may result in unjust outcomes.
A trust forms a fiduciary relationship, where property ownership is held by a trustee for beneficiaries. Trusts are used for asset protection, estate planning and managing property on behalf of others. Disputes in this field commonly develop from decreased estates and trusts. It mainly includes conflicts between beneficiaries, trustees or executors.
In disputes over decreased estates, breaches of fiduciary duty by trustees or directors, a civil litigation solicitors Perth guides clients through several procedural requirements. These requirements include filing claims, pleadings, discovery of evidence, and court hearings.
At the same time, civil litigation solicitors in Perth also provide counsel on trust administration issues to ensure compliance with legal obligations.
Each of the mentioned civil litigation cases follows its own legal procedures, and specialised knowledge may be required to address such scenarios effectively. If you find yourself in a civil litigation matter, a civil litigation lawyer in Perth can ensure your rights are protected and improve the chances of a favourable resolution.