Imagine this: You’ve just received a letter threatening legal action. It might come directly from a lawyer. Maybe it’s full of legal jargon. Your heart sinks, and the questions start to race through your mind:
“What do I do now? Am I running out of time? How bad could this get?”
You’re not alone. Most people feel overwhelmed when faced with legal threats, especially when the language used is legalistic or designed to intimidate and apply pressure.
Step 1: Your first move
Before the deadline to respond to the letter you have received runs out, you should speak with a lawyer who can help you:
- Understand what the claim actually means;
- Identify what you agree or disagree with; and
- Review documents relevant to the claim being made against you.
Your lawyer will then be able to advise you about what grounds you have to defend the claim that has been made against you and how strong that defence is.
Step 2: Resolve it before going to Court
In many cases, the rules of the Court will require that the parties try to resolve their dispute before commencing Court proceedings (though in some urgent matters, this is not required). This is to encourage a more efficient, cost-effective and cooperative resolution than attending Court.
Here is what it can look like:
Negotiation
- Negotiation might take the form of letters between lawyers (or parties directly), or a settlement conference where the parties meet to speak about the issue and try to find a resolution. Negotiations can be as structured or unstructured as the parties like.
- If an agreement is made during this stage, we recommend that it is formalised in a Deed of Settlement which binds the parties to an agreed resolution.
Mediation
- Mediation process involves an impartial mediator who helps the parties communicate and identify issues so that they can come to a resolution that is acceptable to all parties without the stress of going to Court.
- As with negotiation, if an agreement is made during this stage, we recommend that it is formalised in a Deed of Settlement which binds the parties to an agreed resolution.
Arbitration
- Alternatively, to avoid Court entirely the parties may agree to an arbitration. This is a private dispute resolution process where an independent arbitrator hears evidence and arguments from both parties, then makes a binding decision.
If a resolution cannot be reached during this stage, one of the parties may commence Court proceedings.
Step 3: Beginning proceedings
A proceeding starts when the Applicant (initiating party) makes an application to the Court.
Depending on the type of dispute, there may be different requirements about what the Applicant is required to prepare, such as:
- A Statement of Claim – a document setting out the claim being made by the Applicant, including the background facts, identifying the issues in dispute and the compensation or relief claimed by the Applicant; or
- Originating Application and Affidavit – The originating application can be in the form of a summons or an application and sets out the Orders that the Applicant is seeking. The accompanying Affidavit is a sworn statement that sets out the Applicant’s evidence to support their claim.
These initiating documents are the first thing that the Court will see in your matter and be relied on throughout the Court proceedings. This means that it is important to make sure that you prepare comprehensive and accurate documents.
Are you ready to take your claim to Court? Contact us on 1300 654 590 or email us to assist you to prepare your Court documents so that your case gets off on the right foot.
The application will then be served to the Respondent (the party who the claim is being made against). There are strict rules about how to serve (and the time frames in which to serve) Court documents, which the Applicant must adhere to.
Once someone has been served with Court documents, there is also a strict time frame in which you are required to file and serve responding documents. Again, these documents depend on what sort of claim has been filed, which might involve a defence or responding affidavit.
If the responding documents are not filed in time, the plaintiff can apply for Default Judgement. This means that the judge can make their final determination against you before hearing your side of the story.
Have you been served with a statement of claim? Contact us on on 1300 654 590 or email us to ensure that you don’t lose before you even begin.
Step 4: Directions Hearings
Depending on the type of claim that has been made and the Court that the claim is made in, a ‘directions hearing’ will be listed by the Court either when the Applicant’s Court documents are filed, or after the Defence is filed. This is usually listed for a few weeks from the date the relevant documents are filed to give the parties time to get themselves organised.
At a directions hearing, the Court will manage the progress of the case by setting deadlines, giving procedural instructions to the parties and making sure that the parties are ready for a final trial. During this process, the Court will often encourage the parties to have settlement discussions to avoid a trial.
There will usually be several directions hearings before a case goes to trial so that the Court can ensure that parties are complying with their obligations to be ready for trial.
Step 5: Discovery / disclosure / evidence
The parties will need to go through a process of exchanging evidence relevant to the proceedings. Depending on the Court the matter is listed in, this may be called discovery or disclosure.
Evidence may include affidavits or witness statements, expert reports, or source documents to support your case at trial.
In some cases, if a document is not readily available, a party can seek permission from the court to produce documents or compel the opposing party to provide documents via a subpoena.
Step 6: Reconsider dispute resolution
Once the evidence in the case has been exchanged, it is a good time to consider whether there is a chance to resolve the matter without going to trial. This is because each party will have an understanding of the evidence that strengthens their case, as well as where there might be some weaknesses.
In some cases, the Court will refer the parties to a mediation as a pre-trial step to try to resolve the matter without further Court involvement. In cases where the matter is commenced by way of an affidavit, then it might be that the Court orders a mediation at the first Court hearing before any further evidence is filed.
A party can make an offer of settlement at any time before a trial occurs. Even where your case is strong, a settlement may be worthwhile under these circumstances:
- If you are concerned about legal costs outweighing the cost of the claim;
- To avoid having to wait for a final outcome from the Court; or
- To end the uncertainty and emotional toll of the dispute.
Step 7: The trial
If no resolution has been met at this point, then the case will proceed to a Court hearing.
Before the trial there will be some final pre-trial procedural steps, including filing of final evidence, outlines of argument and confirming the witnesses that will need to be called at trial.
At the trial, both parties will present their case to the judge, including evidence to support their case, and submissions about the relevant laws and why their case should be preferred by the judge over the other party’s. The judge will listen to all of the evidence and arguments presented. During the trial, the judge may ask questions to clarify the parties’ arguments or to make rulings about evidence presented at the trial.
Following the trial, the judge will deliver their decision, which may include orders for a payment to be made, an action to be taken or costs to be paid. The decision will not be delivered immediately after the trial, the judge can take months to deliver their decision. The time frame for a judgment to be delivered is highly dependent on the complexity of the matter and the workload of the judge.
Step 8: Appeals
If a party believes that a legal error has been made, they may be able to challenge the Court’s decision.
An appeal must be filed within strict time limits.
The appeal Court reviews the original decision, but does not re-hear the whole case from scratch. Instead, it looks at whether the law was applied correctly or whether the decision was unfair based on the law. The court can confirm, change, or overturn the original judgment, or send it back to the original Court for a new hearing.
Step 9: Enforcement (if needed)
If the Court delivers its decision and its orders are not complied with, the party that was successful may need to apply for enforcement. Enforcement is not automatic, so the successful party must take steps to ask the Court for enforcement if the unsuccessful party does not comply.
This may include:
- Garnishee Orders where money is taken directly from the unsuccessful party’s wages or bank accounts;
- Seizure and sale of property (personal property or real property);
- Charging orders where a charge is placed over property (such as land or shares) which must be paid before the property is transferred or sold; or
- Bankruptcy (individuals) or winding up (companies).
In some cases, if you are dissatisfied with the decision of the judge, you may appeal to a higher court to reconsider the decision. The Court of Appeal will then review the evidence and facts of the matter to determine if there were any errors made by the judge.
So where does this leave you?
Going to Court is stressful and often expensive. But with the right guidance, you can:
- Understand the process;
- Protect your interests;
- Make informed decisions; and
- Stay in control of what happens next.
We’re here to guide you every step of the way, whether you’re defending a claim, making one, or trying to resolve a dispute early. Call us on 1300 654 590 or email us to get peace of mind and a clear next step.
The information contained in this post is current at the date of editing – 28 January 2026.
