Large commercial and corporate disputes in Australia are solved through litigation in superior courts established on varied principles. The arbitration procedure is also extensively used for such types of disputes in Australia, and mediation can be the key to solving commercial matters in this country. Information on the aspects of litigation cases in Australia can be provided by our team of company formation agents in Australia with the help of our local lawyers. Also, if you would like to start a business in this country, we suggest you talk to our advisors for complete assistance.
What is the court structure in Australia?
The Supreme Court is the highest court in Australia that deals with commercial claims in the first instance, mostly large commercial disputes. The monetary claims are dealt by the Courts of Appeal which have supervisory and appellate jurisdiction in Australia. As for the inferior courts, these are the District Courts and the Local Courts (Magistrates’ Courts as they are known). The inferior courts in Australia are in charge of small commercial disputes but not limited to these. We can provide more details on the local courts, and you can also rely on us for advice on how to open bank account in Australia.
Court proceedings in a commercial dispute in Australia
When dealing with a commercial dispute in the court of law in Australia, the proceeding starts with the presentation of the case and the claim. The following steps are linked to the proceedings in commercial cases in Australia:
- complete evidence provided by the parties involved in a dispute is presented in the court;
- an affidavit showing the allegations in the pleadings are true might be necessary;
- a judicial relief might enforce other courts to impose a specific order;
- if special particularities are met in a commercial dispute, these need to be presented in the court.
We remind that in the cases of cross-border litigations, the proceedings involved will respect the Hague Evidence Convention 1970. Also, if you are interested in company formation services in Australia, feel free to talk to us.
Commercial arbitration in Australia
Commercial disputes in Australia can be handled through arbitration where the international arbitral verdicts are applicable in this country. The arbitration in Australia is supervised by the Australian Commercial Disputes Center or ACDC as it is known. The institution can appoint the arbitrator who will act in complete respect to the standard and local set of arbitration laws. If you want to open a LLC in Australiaand if you want to know procedures regarding corporate debt collection, our litigation lawyers can provide legal advice.
We invite you to contact our team of company incorporation specialists in Australia and find out information about our company formation services in Australia and about the litigation cases.