The court process is very easy if one has the right person to guide them and on the other hand it can be very tedious if one approaches the court all by themselves. There is every reason for a client to seek the services of a law firm as it will help them file their matter in court without problems. Gold Coast law firms begin the matter immediately they receive instructions from the client to commence such legal proceedings on their behalf.
They move the court process through sending a demand letter to the respondent in the matter and such a letter is supposed to responded to within a certain time period which if it lapses, the lawyer will move to court and continue with the matter. In reality, the law requires that the lawyer prepares a plaint which should be accompanied by a verifying affidavit during filing. However, depending on the case at hand, a lawyer may decide to approach the court through filing a notice of motion or chamber summons under a certificate of urgency. These applications are filed in order to assist the client obtain temporary or permanent injunction on the matter pending the hearing and determination of the matter before the court.
After filing of such documents, the lawyer instructs a competent, qualified and licensed process server to serve the court papers upon the defendants before the stipulated time has lapsed. After successful service, the process server will be required to come up with an affidavit of service confirming that the defendant received such documents and signed on the reverse side of each one of them. The affidavit should be filed in court in order to ensure that the court has sufficient evidence of service when it is making any orders to that effect.
After successful service, the defendant will be required to file their statement of defense before a stipulated period of time after which service the pleadings will be deemed to have closed. This is in case no parties have a pending application as such an application will have to be dispensed with before the court can set down the main matter for hearing and determination. If none of the parties has filed any application, the matter will be set down for hearing. During the hearing both parties will be required to appear in court in person.
This will give them an opportunity to present their case to the court through their lawyers who make every effort to ensure that each of the party has its day in court as it is required by the law. The matter should be stood over generally if one of the parties has sufficient ground to warrant such an adjournment. In most cases, commercial property lawyers prefer their matters to be heard in the admiralty court as they involve property, both on the land and in the deep seas where commercial law prevails and takes precedence over all other laws that exist in the country of domicile where the matter is being heard.