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Litigation - Pitfalls of Litigation

For those involved in litigation, there are disadvantages that they may face throughout the court process. Pitfalls include:

  • There is no certainty of a litigated outcome. Whilst lawyers can provide advice as to the range of orders that the court could make, there are no guarantees. Judges and registrars do have an inherent discretion as to what orders and directions should be made.
  • Litigation is a time-consuming and drawn-out process. With current delays in court systems, there could be years of worry and/or stress about court proceedings and potential claims parties may make against each other. Financially, parties can be entwined and/or dependent on the other party for years after separation while waiting for a court decision.
  • The significant cost. With ongoing correspondence, preparation of court documents, attendances on legal representatives for ongoing advice and at court, the associated out-of-pocket costs can be substantial.
  • The emotional effect of litigation on a party to the proceedings can be damaging. Ongoing conflict, the potential pressure of coming face to face with your ex-spouse and appearing at court can be stressful and will take an emotional toll. Further, to progress your case at court, it is likely that negative statements and allegations will be made against the other person. It is for this reason that litigation can be destructive for any chance of having an effective relationship with the other person post separation, which is important in parenting matters.

Notwithstanding the above pitfalls, litigation may not be avoidable. Litigation may be essential to receive an outcome that is either in the best interests of the children or for a financial matter, orders that provide a just and equitable result.

For advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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