Supreme Court Litigation
Facing a Dispute That May Need to Go to Court?
Than & Co represents clients in civil proceedings before the Supreme Court of NSW and other NSW courts, from the first letter of demand through to trial. Andrew Than, who leads our litigation practice, has more than 30 years’ experience in contested matters and is personally involved in every case we run.
What Civil Litigation Involves
Civil litigation is the process of resolving a dispute through the court system when negotiation hasn’t worked, or won’t. Depending on the amount in dispute and the complexity of the issues, a matter may be heard in the Local Court, the District Court, or the Supreme Court of NSW, which handles the state’s largest and most complex civil disputes, including those without a monetary cap. Proceedings typically move through pleadings (the statement of claim and defence), discovery and evidence, interlocutory applications where urgent orders are needed, and — if the matter doesn’t settle beforehand — a hearing or trial.
Most disputes settle before trial, but the strength of your position at trial shapes every negotiation along the way. Cases prepared properly from the outset — with the right evidence gathered early and the right applications made at the right time — are generally in a stronger position to settle on favourable terms, or to succeed if the matter does proceed to a hearing.
Common Situations We Assist With
- Contractual disputes — breach of contract claims and defences, for individuals and businesses
- Property disputes — disputes arising from a contract of sale, boundary or easement disputes, and co-ownership disagreements
- Commercial and leasing disputes — disputes between business partners, and disputes arising from commercial or retail leases
- Debt recovery — recovering money owed to you, or defending a claim made against you
- Urgent injunctions — where interim orders are needed to preserve a position before a matter can be fully heard
- Estate and family provision disputes — claims and disputes concerning a deceased estate
How Than & Co Can Assist
Andrew Than has more than 30 years’ experience across litigation, conveyancing and contractual disputes, and leads every litigation matter we run personally — you’re not handed off to a junior once proceedings are filed. That same breadth of experience means we can advise on litigation risk in a contract or lease before a dispute arises, not just once it has.
We assess your position early and give you a realistic view of the likely cost, timeframe and prospects before you commit to proceedings — including whether negotiation or mediation is likely to resolve the matter faster and more cost-effectively than a hearing. Where court action is the right path, we prepare thoroughly and represent you at every stage, from directions hearings through to trial.
Important Legal Considerations
- Limitation periods — most civil claims in NSW must be commenced within strict time limits; leaving a claim too long can mean losing the right to bring it at all
- Costs risk — an unsuccessful party is usually ordered to pay a substantial portion of the other side’s legal costs, which should factor into any decision to litigate
- Pre-litigation obligations — parties are generally expected to take genuine steps to resolve a dispute before commencing proceedings
- Which court has jurisdiction — the value and nature of a claim determines whether it belongs in the Local, District or Supreme Court, which affects cost, process and timeframe
What Happens Next
- Get in touch with a description of your dispute and any relevant documents
- We assess your position and explain your realistic options, including costs and likely timeframe
- We confirm our fees and approach before any work proceeds
- We pursue negotiation or file proceedings, depending on what suits your matter
- We represent you through to resolution, whether by settlement or hearing
Frequently Asked Questions
Do I have to go to court, or can my dispute be resolved another way?
Most disputes settle before a hearing. We’ll always assess whether negotiation, mediation or another form of dispute resolution is likely to resolve your matter faster and more cost-effectively than court proceedings, and advise you accordingly.
How long does litigation take?
It varies significantly depending on the court, the complexity of the issues and whether the matter is contested at every step. We’ll give you a realistic estimate for your specific matter once we understand the facts.
What does litigation cost, and what happens if I lose?
Costs depend on the complexity and length of the matter. An unsuccessful party is usually ordered to contribute to the other side’s costs, which we factor into our advice from the outset so you can make an informed decision.
Can you help if I’ve just been served with legal proceedings?
Yes. Court documents carry strict deadlines to respond, so it’s important to get advice quickly. Contact us as soon as possible with the documents you’ve received.
Do you handle disputes outside the Supreme Court as well?
Yes. We act in the Local and District Courts as well as the Supreme Court of NSW, and advise on which court is the right forum for your matter.
Related Services
Ready to Discuss Your Dispute?
Tell us what’s happened — we’ll give you a clear, realistic assessment of your options.
Than & Co Solicitors 