Litigation
Law is for people. In every legal claim, there is humanity to give. But, sometimes, all that the law permits us to fight for or defend is money. If we have sent every letter that we can, and tried to resolve the dispute with mediation, Apollo.Law will fight with you in Court until we can get the right outcome for you.
We cover all litigation.
Talk to us about any litigation you are involved in, or any claim that you might have:
Commercial disputes
Construction & Building Disputes
Medical Negligence
Professional Negligence
Personal Injury
Employment Claims
Challenging government and council decisions.
Regulatory investigations
Don’t know whether you have a strong case?
You won’t know the case that you have if you don’t ask. Contact us today and find out.
We work with the best barristers in Sydney and Canberra, and expert witnesses who are accurate and persuasive. Because if we are heading towards a courtroom, it is the evidence that the court will accept that will determine whether you will win.
Our fees are structured so that we can properly plan the most efficient way to meet your expectations, within the risk tolerance that you set.
Prepare for success
Our family law services are not just about break-ups. Whether your relationship is new, you have been married for 20 years, or you have completed your divorce – we are a full service law firm and can assist you with the legal structures and advice for you to grow and thrive. Start a business, get employment law advice, create a family trust – see our full list of services
Are you being sued or investigated?
In civil litigation, there is no right to silence.
If your best defence is offence, we will counterclaim.
If you are subject to a regulatory or employment investigation, we will ensure that you receive the natural justice required to put your best case forward.
And we are ready to appeal if there is a basis to do so.
Courts serviced
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NSW Supreme Court
NSW Court of Appeal
NSW District Court
NSW Local Court and NCAT
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ACT Court of Appeal
ACT Supreme Court
ACT Magistrates Court
ACAT
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Victoria Supreme Court
Victoria Court of Appeal
Victoria County Court
Victoria Magistrates Court and VCAT
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The Federal Court
Federal Circuit and Family Court of Australia
Fair Work Commission
Administrative Review Tribunal
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Coroners courts
Royal Commissions
Commissions of Inquiry
NSW ICAC
National Anti Corruption Commission
ACT Integrity Commission
Case Study
Commercial dispute: My business partner stole my money
Tom, Pat and Chris had been friends for years. Pat suggests to the lads that they throw some money together to invest in property. They create a company together and appoint Tom the director. Pat offers to do the paperwork, which is fine by Tom and Chris. Tom is appointed the director and company secretary, as Tom will be providing most of the money and capital for the project, as well as taking most of the profit.
Unknown to Tom and Chris, Pat had lost most of his life’s saving speculating on shares and crypto. Chris got wind of this quickly but did not tell Tom. By the time that Tom worked out what was going on, Pat had disappeared overseas with Tom’s life savings. Tom thought that the situation was hopeless.
Apollo.Law looked at the company constitution and the available contracts. The quality was poor, though most of the work had been done ‘on a handshake’. What we did find was that Pat had arranged some basic insurance policies for the enterprise. One of the policies covered the company for precisely the risk that had occurred - Pat absconding with Tom’s cash. After a long fight, we negotiated with the insurer for Tom to recoup most of his financial losses.
Get in contact with us, and we will be in touch shortly to start the conversation
Frequently Asked Questions
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The term letter of demand refers to a formal letter from a law firm to another party requesting that the other party comply with the legal or contractual obligations.
Some letters of demand may be quite short. For example, if a party is owed money, the letter of demand will simply set out the basis for the debt, how to pay the debt, and the action that the creditor will take if the debt remains unpaid.
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A cease and desist letter refers to a letter that requires a party to stop doing something that it has previously done, or that it is currently doing.
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Yes, Apollo.Law can agree that some or all of its professional fees are conditional on us obtaining a pre-defined outcome for you. All litigation carries risk, and we price that risk into the fees we charge if we attain that pre-defined outcome.
Even if we agree to act “no win no fee”, you will be liable to pay expenses and disbursements. A court might also order that you pay money to the other side, or to the court as security for the other side’s costs. This will be set out in our Costs Agreement with you.
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Settling without litigation requires that both parties to a disagreement are willing to negotiate and agree on an outcome.
We can provide you strategies to assist you to reach an agreement, and to reduce the risk of litigation. We can also assist you to settle a Deed of Settlement that formalises the agreement that you reach with the other side.
Glossary of Terms
Admissible evidence
Material that adheres to the rules of evidence of a court or tribunal.
ADR
This is an acronym for “Alternate Dispute Resolution.” It can refer to mediation, conciliation, and other processes that are intended to lead to the parties agreeing on an outcome, or for a person who is not a judge to decide the disagreement. In litigation, a Court will often direct that the parties engage in ADR before the matter progresses to a hearing.
Affidavit
A sworn or deposed statement that is made in writing. It has the same weight as though the deponent has given oral evidence in court, and is treated with the same degree of solemnity. The form of the affidavit must adhere to the rules of the relevant court. In the ACT, those rules require in-person signing of affidavits.
Appeal
A specific type of litigation, that is an application to a court that has the power to change a decision made by another court.
There is a hierarchy of courts. A court that may be appealed from, is often referred to as a “lower court” as it is lower in the hierarchy than the court that may be appealed to.
Barrister
Barristers are independent, specialist advocates who are trained to appear in a courtroom, in commissions of inquiry and in alternative forms of dispute resolution. Barristers may also provide objective advice on particular legal problems for clients, solicitors, businesses and governments. Barristers act as mediators and arbitrators as well as conducting other dispute resolution processes.
In your legal matter, Apollo.Law will engage a barrister to settle court documents and be your courtroom advocate.
Per usual practice, you will communicate with your barrister through your solicitors at Apollo.Law
Calderbank Offer
An offer to settle a dispute, that includes specific legal wording. The Calderbank Offer can be relied on by a party to be awarded costs, even if court makes findings against that party.
Cause of action
The legal term “cause of action” means a legal basis for a person to make a claim against another person. If there is no cause of action, this means that there is no legal basis to go to court.
Common law
A type of law that has its origin in court decisions rather than legislation. “Torts” such as negligence have their origin in common law, which is one reason why common law remains relevant today.
Costs
Typically legal fees and disbursements attributable to the claim.
When an offer to settle a matter is made, an offer to pay money “plus costs” refers to costs as assessable under the applicable court rules. Often this is less than the money that a party has paid.
Conditional Costs Agreement
Colloquially known as “no win no fee”, under a conditional costs agreement a client only becomes liable for their lawyers’ professional fees when certain conditions are met. Typically, that condition is an offer to settle from the other party that is within the range recommended by Counsel.
Contingency fees and Contingent Costs Agreements
Contingency fees refer to a law firm setting their fees as a percentage of the sum recovered from the other party to litigation, or a scale that is based on the actual amount recovered from the other party.
Contingency fees are prohibited in Australia. When permitted, contingency fees acted as a disincentive to lawyers settling matters. Instead, firms will often set their fees with reference to the court’s relevant Scale. Apollo.Law provides its clients with a fee card, and with regular fee estimate updates through Costs Disclosure Statements.
Costs Agreement
A contractual document between a law firm and a client that sets out each party’s respective duties. The content is often prescribed by law. A client is permitted to negotiate the terms of a costs agreement before accepting it. A law firm is not obliged to renegotiate the costs agreement after it has been signed.
Costs Disclosure Statement
A document given by a law firm to its client that provides fee-related information. The content is prescribed by law. Unlike a Costs Agreement, the law firm is obliged to update the Costs Disclosure Statement from time to time.
Counsel
An expression that refers to a Barrister. For example, “Jo Smith of Counsel” refers to a barrister named Jo Smith.
Directions
The term can refer to either: (a) when a court or tribunal makes procedural orders; or (b) an occasion when parties attend court for the purpose of determining procedural orders that need to be made.
Disbursement
An amount paid or payable to a third party. For example, a disbursement for payments to Counsel or an expert witness.
Equitable cause of action, or ‘Equity’
A type of law that has its origins in courts of equity, rather than legislation. Injunctions have their origins in equity, which is one reason that equity remains relevant today.
Expense
In relation to legal costs, amounts that are not professional fees. These can include disbursements, and internal costs like photocopying.
Expert Evidence or Expert Report
Evidence given by an expert witness, or a report written by an expert witness, that adheres to an expert witness code of conduct.
Expert Witness
A witness that has achieved sufficient experience, training and eminence in the field, in that a court will accept the witness’ opinion as fact.
Expert Witness Code of Conduct
A set of rules made by a court, that an expert witness must adhere to when giving expert evidence.
Evidence
Material that can be admitted in a court or tribunal. Not all material is evidence.
Filing Fee
Fees payable to a court or tribunal to lodge a document.
Hearing
Depending on context, a “Hearing” can mean either (a) any occasion where the parties make submissions to a judge or magistrate; or (b) the final, contested hearing of litigation in front of the judge or magistrate.
Indemnity costs (in the context of “the court awarded indemnity costs against the plaintiff”)
The entire fees paid by a client to their lawyer (as opposed to “party/party costs” or “scale costs”. Also known as “solicitor/own client costs” or “solicitor/client costs”.
Injunction
An order from a court that a person either do something, or not do something.
An ex parte injunction refers to an injunction being made on the application of a party, without the other party being notified that the injunction has been applied for or present in the court when the order is made.
A party applying for the injunction may be required to offer “Security for costs”. This refers to an undertaking by the party, or payment into court, for the responding party’s legal costs if the responding party successfully appeals. A party that applies for an ex parte injunction is typically required to provide security for costs.
An “interim injunction” or “temporary injunction” is an injunction that is made by a court for a specific time period. That period will typically be until the party that is subject to the injunction has an opportunity to be notified of the injunction, and either consent to or challenge it.
A “final injunction” is an injunction that is a final order by a court.
Interlocutory application and Interlocutory order
“Interlocutory” is any stage of litigation that is not a final decision.
Medicare and Services Australia statutory charge
In certain compensation maters, Services Australia is entitled to be repaid medicare, welfare, and other benefits that an injured person has received and that are connected to the injury.
Negligence
Used as a legal term, “negligence” refers to a four-step process: Duty of care, breach, causation, and damages.
No win no fee
An expression that is used in law firm advertising, to refer to conditional costs agreements. Apollo.Law will consider conditional costs agreements and pro bono arrangements in appropriate circumstances.
Party-Party costs
Costs that are calculated in accordance with a court scale applicable to the relevant litigation.
Pro bono
When, in the broader public interest, a firm does not charge professional fees to act for a client who is impecunious. There are various formal definitions of pro bono, including from Pro Bono Australia and the Law Council of Australia, that can be used for firms that measure their pro bono targets.
Registrar (or Deputy Registrar)
A court official who has delegated decision-making responsibilities. In some matters a registrar may exercise functions of a judge (including making directions) or undertake formal mediation duties.
Scale costs
Each court and tribunal has a prescribed scale of fees that applies to solicitors’ work, that is applied if the court or tribunal awards costs. Some subject matter types also have their own scale under legislation no matter which court or tribunal they are litigated.
Solicitor-Client Costs
See indemnity costs.
Registry
The corporate function of a court or tribunal. This is where lawyers and the public typically file documents. An ‘online registry’ refers to a specific website where court documents may be filed or accessed.
Stay or Stay Application
A stay is when a court suspends the operation of an obligation that a person has. The obligation may be the obligation to comply with an order of the court or of a different court, or a decision by an administrative decision-maker.
Tort
A specific type of ‘cause of action.’