Family Matters Or Business Affairs

Australian
Law
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Australian Law 1
In day-to-day dealings of life, parties often fall into conflict with each other. Such disputes
may be related to family matters or business affairs. Here this is to state that a conflict refers
to a situation where the opinion of parties is different. In other words, this can be stated that
the conflict arises when parties believe that their values are incompatible whether they have
proposed the same or likely to do it in the future or not. As per another definition given of
conflict, the same is a natural common experience. People create a situation and pursue the
actions, which further perceive a conflict. The nature of the conflict can be related to various
aspects such as tension, competition, and co-operation. A conflict can be deal with or can
resolve in many ways. The traditional way to resolve a conflict is the process of litigations,
whereas the other way is the adoption of alternative dispute resolution. The process of dispute
resolution can be determinative, advisory or facilitative.
The motive of this essay is to understand both of the ways to resolve a conflict i.e. litigations
and. Further to state that the same will also focus on the advantages and disadvantages of both
sides. To develop this essay, the process and feature of litigation and ADR shall remain in
focus. Thesis Statement of the essay is to compare litigation and alternative dispute resolution
considering the detriments and benefits of both sides.
Starting the discussion on this topic, this is to state that litigation is a process of taking legal
action against another party of the conflict using court proceedings. In Australia, there is a
federal system of government where powers are divided between individual state and central
government. Most of the states of Australia do also have inferior courts and some others have
specialist courts of limited statutory jurisdiction. When a party of the case selects the mode of
litigations to resolve the dispute then the same has to take the help of the judiciary, which is
one of three significant arms of the Australian government. The aggrieved party seems to help
of a court and the court further pursues the litigation process that includes summoning the
other party, hearing the arguments of both the parties, consider claim and counterclaim of
them and to review the whole based on evidence procured by both the parties. While
discussing litigation, this is to state that the same is the lead method to resolve and manage
large commercial disputes in the country. Many state superior courts have developed different
divisions with streamlined procedures to manage and resolve commercial disputes. Further
class actions are increasing in Australia and such a situation docket judges are there to manage

Australian Law 2
the multi-claimant cases. While considering the dispute, courts check the legislation
applicable to the relevant subject.
A properly defined hierarchy of courts addresses various types of cases. For each kind of
conflict, there is a defined court and only that court can entertain that matter. The highest
court in Australia is Hugh Court and address original as well as appeal cases. The decision of
the high court applies to all the lower courts. All the six states and two territories of Australia
have a Supreme Court that has unlimited civil jurisdiction. Similar to the hierarchy of
courts under the state system, another hierarchy of courts is there that deals with the case of
federal law. All civil matters related to federal law can procure before the federal court of
Australia. In other words, to state the Federal court can hear the disputes related to various
federal laws such as corporations, bankruptcy, consumer protection law, intellectual property,
taxation, and native title. The complex disputes related to family law can be resolve through
Family law (Loveday and Mavrakis, 2016). Similarly, the less complex dispute related to
bankruptcy, administrative law, migration and consumer law are subject to the federal circuit
court. A lawyer is a person who represents the claims of parties to before the courts and after
gearing these claims and evidence, judges
After the above-mentioned discussion, it is far clear that the litigation process is well defined
and contains elements such as a courtroom, advocates, and parties of disputes. Parties have to
pay for such civil proceedings in the form of advocacy fee as well as court fee, which varies
according to the size, and complexity of the case. Many features of the litigation process need
to study here to understand this concept in a better way. The very first feature is that the
proceedings of conflict under the litigation system are used to be conducted in a public
courtroom (Murray, 2019). Another feature of the litigation process is that a judge is
appointed for entertaining each case and parties have no interference in such selection.
Further, a variety of fees is involved in the litigation process such as attorney fees, record
searches, court cost and per trial costs for depositions. In addition to this, the litigation process
also includes attorneys that gather evidence, make motions, and present the case. Lastly, the
decision of court judges are binding and there is an option to appeal against such decision at
the various level if a party does not feel satisfied with the decision.