About Our Law Firm
What is Litigation?
Litigation, a formal legal pathway navigated within the courtroom, entrusts dispute resolution to the discernment of a judge and jury. Often a recourse for graver building disagreements unmitigated by preliminary discussions, litigation demands both time and financial investment. It necessitates prompt, strategic resolutions or readiness to staunchly uphold one’s entitlements in this judicial setting.
When to Seek Litigation
Opting for litigation should be a calculated decision, reserved for when all other avenues have proven futile. It’s a step considered after earnest attempts at negotiation, mediation, conciliation, Fair Trading procedures, or tribunal deliberations at NCAT have not yielded resolution. Only then does litigation emerge as a potentially viable recourse.
Building Dispute Lawyer
The Litigation Process
Initial Client Consultation
This stage, also known as the case investigation, involves a thorough review of the case by the construction litigation lawyer to decide the viability of initiating or defending a lawsuit.
Our principal construction litigation lawyer, John Dela Cruz, utilises his extensive experience in diverse strata and building disputes to draft pertinent pleadings and documents, ensuring they align with relevant laws and jurisprudence.
Experts and Discovery
Involving expert testimonies from various fields pertinent to the case, this phase allows for comprehensive information gathering. Subsequently, discovery procedures enable both parties to anticipate each other’s arguments, fostering transparency and preparedness.
The pre-trial review is a succinct court proceeding ensuring both parties’ readiness for trial, compliance with previous court orders, witness availability, and adherence to trial time estimates.
This pivotal stage encompasses witness testimonies, evidence-based arguments, opening and closing statements, and cross-examinations.
Settlement and Appeal
Settlement discussions can transpire at any phase, while appeals are considerations made post-trial if outcomes are unsatisfactory.
Meet Our Litigation Lawyer
John Dela Cruz, the principal figure at Contracts Specialist, brings over 13 years of comprehensive construction law expertise. His background is enriched by roles as legal counsel in prominent sectors, leadership within the Master Builders Association (NSW), and entrepreneurial success with Small Builders Building Software.