Most disputes never make it to a courtroom — and that's usually a good thing. But when court is unavoidable, knowing what to expect makes an enormous difference.
Most disputes never make it to a courtroom — and that's usually a good thing. Litigation is expensive, time-consuming, and uncertain. But sometimes court is unavoidable, and when it is, knowing what to expect makes an enormous difference.
Most cases settle before trial
It's worth knowing upfront that the vast majority of civil disputes — well over 90% — settle before they ever reach a judge. The court process itself creates pressure to negotiate, and most parties reach agreement at some point along the way. Going to court doesn't necessarily mean going to trial.
The stages of litigation
Civil litigation in Queensland typically follows these stages:
Pleadings — Each party sets out their case in formal documents (a statement of claim, a defence, and sometimes a counterclaim).
Discovery — Both sides disclose relevant documents to each other. This stage often reveals the true strength of each party's position.
Mediation — Courts almost always require parties to attempt mediation before proceeding to trial. Many disputes resolve here.
Trial — If no settlement is reached, the matter proceeds to trial before a judge, who hears evidence and delivers a judgment.
How long does it take?
Simple matters in the Magistrates Court can resolve in months. Complex Supreme Court litigation can take years. Managing expectations about timeline is an important part of good legal advice.
What does it cost?
Litigation costs vary significantly depending on complexity. If you win, you may be entitled to a costs order — but this rarely covers all of your legal fees. Understanding the cost-benefit analysis before committing to litigation is essential.
Our approach
At Beckett Lawyers, we always explore whether a dispute can be resolved without going to court — because that's usually in our clients' best interests. But when litigation is necessary, we pursue it with focus and clarity, keeping you informed at every step.
Contact us at mike@beckettlawyers.au or book a consultation at beckettlawyers.au.