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The cost of litigation

Litigation costs time and money. This article outlines the real risks and costs of litigation and the benefits of resolving disputes early.

If you win a case, the other side may be ordered to pay some of your legal costs. Conversely, if you lose a case, the you may be ordered to pay some of their legal costs. The Court also has power to order a party to pay the other side's full legal costs if they have brought a case without merit, or wasted time.


1- Check with a lawyer that you have a good case. Ask your lawyer to provide you with a letter confirming whether your case has good prospects of success.

2- Work out what you and the other side agree on. Prepare a checklist of the facts or legal position that both parties agree to and send to the other side for approval.

3- Try to resolve the matter early. Cases can be resolved by writing letters to the other side and by a mediation. This gives you the power to negotiate a resolution that you and the other side are happy with.

4- Keep a record of your attempts to resolve the matter early and narrow the issues. This will help you if the case goes to Court. You can use this as evidence in support of an application that they pay some/all of your legal costs.

Summary: Resolve disputes early to give you more control over the outcome

Have any questions? Contact Caroline Mense from Legal Enablers on or (03) 8691 3128.

Disclaimer: This article is general information and not intended as legal advice. Seek legal advice for your particular circumstances before taking any action.

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