Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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litigation process
If a professional has let you down — and that failure has cost you financially, physically, or emotionally — it is completely reasonable to want answers. And it is completely reasonable to want accountability.
But once you start looking into your options, the legal process can feel overwhelming. Words like “litigation”, “discovery”, and “pleadings” don’t mean much to most people. This guide exists to change that.
Most professional negligence claims in Australia never reach a courtroom. Many are resolved through negotiation before proceedings are even filed.
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The first step is understanding whether you have a viable claim based on four core questions:
Before court, your lawyer writes a letter of demand. This gives the professional’s insurer an opportunity to settle the claim early and avoid formal litigation costs.
If negotiation fails, formal proceedings begin. The court is chosen based on the claim value:
Both sides exchange relevant documents (discovery). In professional negligence, independent expert reports are the backbone of your case. A solicitor’s mistake needs another senior solicitor to verify it; a medical error needs a specialist’s opinion.
Courts usually mandate mediation. An independent mediator helps both sides reach a confidential agreement. Most successful claims are settled right here.
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Applying these principles to your specific facts — your professional, your loss — is where specialist legal advice becmes essential. Fair Go Australia’s free case evaluation is designed for exactly this moment. There is no obligation. There is no cost.
We respond to all enquiries within 1 business day.
Pre-litigation can take 3–12 months. If it goes to mediation, expect 12–24 months.
No. Most resolve through negotiation or mediation well before a trial date.
A complaint (to AHPRA or the Law Society) is disciplinary. A legal claim is how you get financial compensation.
Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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