Being sued can be stressful and confusing, especially since the process can vary depending on the jurisdiction. In Victoria, lawsuits (or civil actions) can be filed in different courts and tribunals, each with its own procedure and terminology.
Here is a guide on what to do if you are served with a lawsuit from the Victorian Civil and Administrative Tribunal (VCAT), Magistrates’ Court, County Court or Supreme Court.
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL (VCAT)
Types of Claims: VCAT makes decisions about a range of cases including: residential tenancies, goods and services, guardians and administrators, planning, owners corporations, building and constructions, retail and commercial leases, review and regulation, co-owed land and goods, unreasonable flow of water between properties, powers of attorney and legal practice disputes.
Documents Served: You will typically receive a copy of the application form and the documents associated with your case listing you as the “respondent”.
Next Steps –
- Review the Application: Carefully read the application to understand the claims made against you.
- Prepare Your Response: You may be required to file and serve a “points of defence”, which is a written statement in response to the claim/s made against you, including any allegations you want to dispute.
- Attend the Hearing: VCAT hearings are generally less formal than court proceedings. You may not be required to attend in-person as hearings are usually conducted via teleconference or video-conference.
While VCAT is designed to be user-friendly, legal advice can still be beneficial, especially if you do not understand the claims being made against you or how to respond to the applicant’s allegations.
MAGISTRATES’ COURT OF VICTORIA
Types of Claims: The Magistrates’ Court can hear civil disputes up to the value of $100,000.00 arising from debts, claims for damages, other monetary disputes or equitable relief.
Documents Served: You will typically receive a Complaint – Form 5A listing you as the “defendant”.
Next Steps –
- Review the Complaint: Understand the plaintiff’s allegations against you and the amount being claimed.
- File a Notice of Defence: You will have 21 days from the date you received the Complaint to file a defence if you intend to contest the claim.
- Pre-Hearing Conference/Mediation: The court may require the parties to participate in mediation or a pre-hearing conference to try and settle the matter without going to trial.
- Discovery: The court may also require the parties to provide to the other side with any documents that are relevant to the case.
- Trial: The court will list the matter for final hearing if the case is not resolved and a magistrate will determine the claim.
Consult with our civil litigation lawyers to gain a clear understanding of your legal position and determine the best course of action. Our experienced team can assist you with drafting your defence, gathering evidence, negotiating settlements and providing strong representation at trial.
COUNTY COURT OF VICTORIA
Types of Claims: The County Court can hear more substantial civil disputes, including claims above $100,000.00 and complex commercial disputes.
Documents Served: You will typically receive a Writ and a Statement of Claim listing you as the “defendant”.
Next Steps –
- Review the Writ and Statement of Claim: Understand the detailed allegations and the relief sought by the plaintiff.
- File and Appearance and Defence: You will have 10 days from the date you received the Writ and Statement of Claim to file an appearance and 30 days to file a defence.
- Discovery and Pre-Trial: Engage in the discovery process to exchange documents with the plaintiff and attend any pre-trial conferences, including mediation and judicial resolution conference (JRC).
- Prepare for Trial: If the matter proceeds to trial, the court will require you to provide witness statements, expert reports and authority book.
Consult with our civil litigation lawyers to clearly understand your legal position and determine the best course of action. Our experienced team can assist you with briefing a barrister, drafting court documents, gathering evidence, negotiating settlements, issuing subpoenas, and providing strong representation at trial.
SUPREME COURT OF VICTORIA
Types of Claims: The Supreme Court can hear more serious and complex civil disputes, including claims above $100,000.00, urgent applications, complex commercial disputes and appeals from lower courts and tribunal.
Documents Served: You will typically receive an Originating Process (either a Writ or Originating motion) and a Statement of Claim listing you as the “defendant”.
Next Steps –
- Review the Originating Process and Statement of Claim: Thoroughly understand the nature of the lawsuit and the claims being made against you.
- File an Appearance and Defence: Similar to the County Court, you must file an appearance and a defence within the specified timeframes (usually 10 days for appearance, 30 days for defence).
- Discovery and Pre-Trial Procedures: Engage in a detailed discovery process and attend pre-trial hearings and conferences.
- Trial Preparation: Prepare extensively for trial, including developing a legal strategy, preparing witnesses, and organising evidence.
Given the complexity of Supreme Court cases, consult with our civil litigation lawyers to gain a clear understanding of your legal position and determine the best course of action. Our experienced team can assist you with briefing a barrister, drafting court documents, gathering evidence, negotiating settlements, issuing subpoenas, and providing strong representation at trial.
KEY TAKEAWAYS:
- Respond promptly to avoid default judgement.
- Document everything by keeping detailed records of all communications, documents and evidence related to the case.
- Attend all hearings and comply with court orders to avoid adverse actions against you.
- Consider settlement out of court to save time and costs.
- Seek legal advice to navigate the legal process and protect your interests.
Kennedy Guy Lawyers
For over fifty years, Kennedy Guy have provided advice and represented a variety of clients including individuals, families, and small medium and large enterprises. If you wish to engage the firm, feel free to contact us via our website, by emailing [email protected], or via phone at (03) 9311 8511.
