Understand your rights for litigation

Pursue a legal claim and get the outcome you deserve.

You have suffered a real loss because another party failed to meet their obligations – and you want to hold them accountable. But you are not sure how strong your claim is, what it will cost to pursue, or whether you can actually recover what you have lost. The uncertainty is compounded by an uncomfortable fact: every legal claim has a limitation period, and the clock has been running since the day the problem occurred. We give you the honest assessment you need to make an informed decision, and pursue your claim with discipline if it has merit.

Legal claims assessed and pursued with discipline

Commercial litigation carries real cost and real risk. Before committing to a claim, you need an honest opinion on the merits, a clear picture of the likely range of outcomes, and a lawyer who will tell you when pursuit is and is not worthwhile. We give you that assessment first, and pursue hard if the claim stacks up.

How long do I have to bring a legal claim in Australia?

For most commercial and contract claims in Australia, the limitation period is six years from when the cause of action arises – typically when the breach or loss occurred. Some claims run shorter: defamation is one year in most states, personal injury varies, and claims involving fraud or concealment may have extended periods. Limitation periods are strict – missing the deadline means losing the right to sue regardless of how strong your case is. If you are unsure whether your claim is still within time, getting advice promptly is critical.

What does a merits assessment of my claim involve?

A merits assessment involves reviewing the facts you can establish, identifying the legal basis for your claim, assessing the strength of the evidence available, and forming a view on the realistic range of outcomes if the matter proceeded. It also involves an honest assessment of what it will cost to pursue the claim relative to what you are likely to recover – because a technically valid claim may not be economically rational to run. The goal is to give you the information you need to make an informed decision, not to reassure you that your case is strong.

What can I recover if my legal claim succeeds?

The damages recoverable depend on the type of claim and the losses you have suffered. For breach of contract claims, you can generally recover the loss of bargain – the amount needed to put you in the position you would have been in if the contract had been performed. For tort claims such as negligence, you can recover compensation for loss caused by the breach of duty. In some cases, interest on the judgment amount and a costs award may also be available. What you cannot recover is speculative or unforeseeable loss – courts only award compensation for losses within the reasonable contemplation of the parties.

What happens if the other party has no money to pay a judgment?

A judgment is only as useful as the defendant’s ability to pay it. Before committing to litigation, it is important to assess whether the other party has assets that can be used to satisfy a judgment. If a defendant is genuinely without assets, a judgment may be difficult to enforce. Enforcement options include garnishing wages or bank accounts, charging orders over property, and bankruptcy or winding-up proceedings. In some cases, the existence of a judgment creates sufficient pressure to produce a payment even where the party initially appears unable to pay.
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Understand exactly what you can claim

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Present your claim with maximum strength

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Achieve a resolution that reflects what you are owed

Ready to pursue your legal claim?

Speak with one of our lawyers for an honest assessment of your claim and the most effective path to resolution.

Every day you delay, your claim may be weakening.

You have suffered a real loss because another party failed to meet their obligations, and you want to hold them accountable. But you are not sure how strong your claim is, what it will cost to pursue, or whether you can actually recover what you have lost.
ADLV Law Commercial and Estate Planning Lawyers

You should not have to cut your losses.

You entered into a commercial relationship in good faith – a contract, a professional engagement, a business arrangement – and the other party did not deliver. The loss is real and measurable.

You have tried to resolve it directly and been ignored or offered far less than you are owed. The longer it sits unresolved, the more frustrated you become – but you also do not want to spend more in legal fees than you are likely to recover, and you genuinely do not know where you stand.

What's included in your legal claim service

What happens if you do not act on your legal claim?

Every legal claim has a limitation period – a hard deadline beyond which you lose the right to sue entirely. For most commercial claims in Australia, that period is six years from when the cause of action arises, but some claims run shorter, and the clock does not pause because you are still trying to resolve it informally.

A party who knows litigation is unlikely has every incentive to delay – and as time passes, witnesses forget, documents disappear, and evidence weakens. A claim that is straightforward today becomes harder and more expensive to run the longer it goes unpursued. The combination of deteriorating evidence and approaching limitation deadlines means that delay almost always works against the person who has been wronged.

How we assess and pursue your claim

We start with an honest, direct assessment. We review the facts, identify the applicable law, and tell you clearly what you can claim, what the realistic range of outcomes is, and what it will cost to get there.

We do not tell you what you want to hear – we tell you what you need to know to make an informed decision. If your claim has merit, we pursue it with discipline: formal demands that create real pressure, negotiation focused on the most cost-effective resolution, and litigation if that is what it takes. If the claim does not stack up, or the economics do not make sense, we tell you that too.

Our legal claim process

Three steps to understanding and enforcing your rights.

1

Assess your claim

We review the facts, identify your legal rights, and give you an honest opinion on the merits and realistic outcomes of your claim.

2

Pursue resolution

We issue a formal demand, represent you in negotiations or mediation, and pursue the most efficient path to a resolution.

3

Resolve and enforce

We close the matter through a binding settlement or court judgment, and take enforcement steps if required to ensure you receive what you are owed.

Experienced commercial litigation lawyers ready to assess and pursue your claim.

We understand the frustration of knowing you have been wronged but feeling paralysed about what to do next. The combination of legal uncertainty, cost anxiety, and the other party’s refusal to engage constructively is genuinely exhausting.

Our commercial litigation lawyers have assessed and run hundreds of claims across a wide range of commercial disputes, and we give you the honest, direct advice that lets you make an informed decision – not the reassuring advice designed to keep you engaged.

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We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

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Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

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Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

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Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

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Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

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Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

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It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to pursue your legal claim?

Book a call today and we will assess your claim, explain your rights, and advise on the most effective path to resolution.

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