TOP 10LAWYERS

Top 10 Civil Lawyers in Melbourne

Ten Melbourne firms for civil disputes, with what each one suits, who the accredited specialists are, and the Victorian rules on courts, VCAT, time limits and costs.

Google ratings checked 1 November 2026 Updated 23 October 2026

How we compile this list

Find a firm for your situation

Choose what fits you best to see which firms on this list cover it.

Grouped by what each firm publishes about its own work. Most firms on this list handle all common civil law matters.

The Top 10 Civil Lawyers in Melbourne

Ten civil law firms in Melbourne, with their experience, accredited specialists, Google ratings and what each one suits.

Some firms pay for featured placements, which can affect their position. Our write-ups are our own. How we rank

Tisher Liner FC Law

Bourke Place, 600 Bourke Street, Melbourne CBDMid size commercial firm

4.0

43 Google reviews

Checked 1 November 2026

Best for Business owners, landlords and families facing a contested dispute that may go to court

  • The firm started as Tisher Liner and Co in 1972 and merged with FC Law in 2013.
  • Principal Simon Abraham is an accredited commercial litigation specialist.
  • It says a designated partner supervises every litigation matter.

Accredited commercial litigation law specialist (1)Simon Abraham

First consultation
Contact the firm to discuss first meeting terms.
Office
Level 6, Bourke Place, 600 Bourke Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Tisher Liner FC Law is a CBD firm that began as Tisher Liner and Co in 1972 and merged with FC Law in 2013. It says it has around 70 staff and nine partners. Its litigation team, which includes accredited commercial litigation specialist Simon Abraham, handles contract claims, shareholder and partnership disputes, leasing and property disputes, debt collection, estate disputes and judicial review. The firm says each matter has a supervising partner, and that its lawyers appear in VCAT and every level of Victorian court. It suits businesses, landlords and families with serious disputes. Contact the firm about first meeting terms.

Founded in 1972

Also worth knowing

  • The firm says its lawyers appear in VCAT, the Magistrates', County and Supreme Courts and the Federal Court.

Lawyers

  • Simon Abraham, Principal Accredited commercial litigation law specialist
  • Amy La Verde, Principal
  • Rob Oxley, Principal
  • Paul Traianedes, Special Counsel
  • Samuel McMahon, Special Counsel
  • Stefan Chelper, Senior Associate
  • Eve Panna, Associate

Areas of civil law handled

  • Contract claims and disputes
  • Shareholder, partnership and joint venture disputes
  • Family business disputes
  • Leasing disputes
  • Property and real estate disputes
  • Debt collection and winding up applications
  • Will challenges and Part IV family provision claims
  • Professional negligence claims
  • Consumer law disputes
  • Intellectual property disputes
  • Judicial review of government decisions
  • Mediation

Office

Level 6, Bourke Place, 600 Bourke Street, Melbourne VIC 3000

Sources

Back to the list

Olivine Lawyers

Adolph Street, Cremorne, by appointmentCommercial, construction and disputes firm

5.0

12 Google reviews

Checked 1 November 2026

Best for Small business owners and homeowners with contract, lease or neighbour property disputes

  • Principal Christian Marcus is an Accredited Specialist in Commercial Litigation with the Law Institute of Victoria, according to the firm.
  • The firm says he has practised for more than 15 years and appears regularly at VCAT, the County Court and the Supreme Court.
  • It says it acts for small and medium businesses, builders and individuals.

Accredited commercial litigation law specialist (1)Christian Marcus

First consultation
Consultations by appointment only. The firm says a lawyer will reply within one business day. No fee structure is published.
Office
Suite 102, 6 Adolph St, Cremorne VIC 3121
Full profile: lawyers, services and sources

About the firm

Olivine Lawyers is a commercial and construction firm in Cremorne, a short trip from the CBD. The firm says principal Christian Marcus is an Accredited Specialist in Commercial Litigation with the Law Institute of Victoria, has more than 15 years in practice and appears regularly at VCAT, the County Court and the Supreme Court. It acts for small and medium businesses, builders and individuals in contract, lease, shareholder and property disputes, and also takes on tree and root damage claims against neighbours and councils. Visits are by appointment, and the firm says it replies within one business day.

Also worth knowing

  • It has a dedicated service for tree and root damage claims, including claims against councils and neighbours.

Lawyers

The firm lists ten solicitors, but only Christian Marcus and Kayla Pejic have published profiles. The rest are marked coming soon.

  • Christian Marcus, Principal Solicitor Accredited commercial litigation law specialist
  • Kayla Pejic, Solicitor, commercial and construction (contracts and disputes)

Areas of civil law handled

  • Commercial litigation
  • Breach of contract claims
  • Partnership, shareholder and director disputes
  • Property and lease disputes
  • Caveat and settlement disputes
  • Owners corporation disputes
  • Tree and root damage claims
  • Building and construction disputes
  • Franchise disputes
  • Defamation and injurious falsehood

Office

Suite 102, 6 Adolph St, Cremorne VIC 3121

Sources

Back to the list

Pearce Webster Dugdales

Queens Bridge Street, SouthbankFull service firm

4.6

53 Google reviews

Checked 1 November 2026

Best for People and businesses with a VCAT, debt or property dispute who want a specialist in the room

  • Bradley Cunningham is an accredited commercial litigation specialist and was admitted in 1983.
  • The firm handles VCAT matters ranging from leases and tenancies to building, planning and neighbour water flow disputes.
  • It says it recovers business and personal debts through the courts or VCAT.

Accredited commercial litigation law specialist (1)Bradley Cunningham

First consultation
Contact the firm to discuss first meeting terms. A free 15 minute conference is offered for family law only.
Office
Suite 1, Ground Floor, 99 Queens Bridge Street, Southbank VIC 3006
Full profile: lawyers, services and sources

About the firm

Pearce Webster Dugdales is an established Southbank firm led by principal Glenn Harvey, who bought it with Bradley Cunningham in 2011. Cunningham is an accredited commercial litigation specialist who was first admitted in 1983. The litigation team does debt collection through the courts and VCAT, bankruptcy and winding up, mediation and a wide spread of VCAT work, from leases and tenancies to building and neighbour water flow disputes. It also runs court agency work for other firms. It suits individuals and businesses who want an experienced team with a specialist on hand. Contact the firm about first meeting terms.

Also worth knowing

  • Principal Glenn Harvey bought the firm with Bradley Cunningham in 2011.

Lawyers

The team page doesn't tie most lawyers to a practice area.

  • Glenn Harvey, Principal (accredited family law specialist)
  • Bradley Cunningham, Consultant Lawyer, commercial litigation Accredited commercial litigation law specialist
  • Frank Di Iorio, Senior Lawyer, formerly a partner at Galbally and O'Bryan
  • Marion McDougall, Senior Lawyer
  • Catherine Gashi, Senior Lawyer

Areas of civil law handled

  • Debt collection
  • Bankruptcy and corporate insolvency
  • VCAT applications, defences and hearings
  • Retail and commercial lease disputes
  • Residential tenancy disputes
  • Building and construction disputes at VCAT
  • Planning and land valuation disputes
  • Neighbour water flow disputes
  • Co-owned land and goods disputes
  • Mediation, conciliation and arbitration
  • Court agency and filing for other firms

Office

Suite 1, Ground Floor, 99 Queens Bridge Street, Southbank VIC 3006

Other details

Other offices
Family law appointments in Geelong on request

Sources

Back to the list

Wisewould Mahony

Collins Street, Melbourne CBDMid size commercial firm

4.3

10 Google reviews

Checked 1 November 2026

Best for Businesses and individuals in a high value contract, defamation or insolvency dispute

  • The firm says its history goes back to 1853.
  • Partner Chris Stakis is the key contact for commercial litigation and dispute resolution.
  • Its litigation page lists defamation, debt recovery, shareholder and contract disputes.
First consultation
Contact the firm to discuss first meeting terms.
Office
Level 8, 419 Collins Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Wisewould Mahony is a long running CBD firm that, according to the firm, traces its history to 1853. Partner Chris Stakis is its key contact for commercial litigation and dispute resolution. The team takes on contract and property disputes, debt recovery, defamation, shareholder disputes, consumer law claims, insurance litigation and personal and company insolvency, and it runs mediations and court ordered conferences. The firm says it builds a strategy with the client that fits their budget. It suits businesses and people with high stakes disputes, including defamation. Contact the firm about first meeting terms.

Traces its history to 1853

Also worth knowing

  • It offers mediation, conciliation and arbitration as well as court ordered mediations.

Lawyers

The site doesn't list which of its other partners work in litigation.

  • Chris Stakis, Partner, commercial litigation and dispute resolution
  • Hana Gibson, Lawyer, commercial litigation

Areas of civil law handled

  • Contract and property disputes
  • Debt recovery
  • Defamation, media and publishing disputes
  • Shareholder disputes
  • Australian Consumer Law claims
  • Insurance litigation
  • Professional indemnity disputes
  • Tax disputes
  • Confidential information and restraint disputes
  • Personal and company insolvency
  • Mediation and arbitration

Office

Level 8, 419 Collins Street, Melbourne VIC 3000

Other details

Other offices
Also serves Geelong

Sources

Back to the list

Rigby Cooke Lawyers

Elizabeth Street, Melbourne CBDFull service commercial firm

3.0

14 Google reviews

Checked 1 November 2026

Best for Business owners and family companies in contract, lease or shareholder disputes

  • The litigation and dispute resolution page names seven lawyers, led by partner Elizabeth Guerra-Stolfa.
  • Her profile says she has more than 30 years of experience and lists contract, debt recovery, leasing and family business disputes.
  • According to his profile, Special Counsel Tom Hoerner was admitted in 1999 and works on contract, consumer law, property and leasing disputes.
First consultation
Not stated on the firm's website. Contact the firm to ask about first meeting and fee terms.
Office
Level 11, 360 Elizabeth Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Rigby Cooke is a mid-sized commercial firm on Elizabeth Street in the CBD with a dedicated litigation and dispute resolution group. Partner Elizabeth Guerra-Stolfa leads it, and her profile says she has more than 30 years of experience and is an accredited mediator. The team covers contract claims, debt recovery, property and retail leasing disputes, shareholder and family business fights, franchising and consumer law. It suits business owners and families with a dispute that may need to run in the higher courts. The site doesn't publish consultation terms, so ask when you call.

Also worth knowing

  • The firm lists mediation, arbitration and early neutral evaluation alongside court work.

Lawyers

  • Elizabeth Guerra-Stolfa, Partner, Lead Partner Litigation & Dispute Resolution
  • Christian Teese, Partner (estates litigation and automotive commercial disputes)
  • Andrew Hudson, Partner (customs and trade disputes)
  • Tom Hoerner, Special Counsel
  • Thalia Livadaras, Special Counsel
  • Phoebe Langridge, Senior Associate
  • Hendrik Wise, Lawyer

Areas of civil law handled

  • Contract claims and disputes
  • Debt recovery
  • Property and retail leasing disputes
  • Shareholder and joint venture disputes
  • Family business disputes
  • Franchising disputes
  • Competition and consumer law claims
  • Professional negligence claims
  • Insolvency and reconstruction disputes
  • Estate and trust litigation
  • Mediation and arbitration

Office

Level 11, 360 Elizabeth Street, Melbourne VIC 3000

Sources

Back to the list

Moores

Burwood Road, HawthornMid size firm

3.6

31 Google reviews

Checked 1 November 2026

Best for Families contesting or defending a will, and business owners in a contract or debt dispute

  • Practice leader Jessica Latimer heads the commercial disputes team.
  • A separate estates disputes team of 11 lawyers handles will challenges and family provision claims.
  • The firm offers fixed fee proposals and says clients know the cost before work starts.
First consultation
Free 15 minute consultation. Fixed fee proposal once the matter is understood.
Office
Level 1, 5 Burwood Road, Hawthorn VIC 3122
Full profile: lawyers, services and sources

About the firm

Moores is a mid size Hawthorn firm with separate disputes teams for business clients and for wills, estates and trusts. Practice leader Jessica Latimer runs commercial disputes, covering contract and shareholder fights, lease and property disputes, debt recovery and insolvency claims. A larger estates team led by Lachlan McKenzie, James Dimond and Jennifer Dixon brings and defends family provision claims, will challenges and executor disputes. The firm quotes fixed fees once it understands the matter. It suits families with an estate fight and business owners. It offers a free 15 minute first consultation.

Also worth knowing

  • It offers a free 15 minute first consultation.

Lawyers

  • Jessica Latimer, Practice Leader, commercial disputes
  • Genevieve Twyford, Associate, commercial disputes
  • Lachlan McKenzie, Practice Leader, estate disputes
  • James Dimond, Practice Leader, estate disputes
  • Jennifer Dixon, Practice Leader, estate disputes

Areas of civil law handled

  • Contract and business disputes
  • Shareholder, director and partnership disputes
  • Lease and property disputes
  • Debt recovery and letters of demand
  • Claims against insolvent companies
  • Family business and trust disputes
  • Will challenges
  • Family provision claims
  • Executor removal and accounting
  • Superannuation and SMSF disputes
  • Construction disputes
  • Professional negligence claims

Office

Level 1, 5 Burwood Road, Hawthorn VIC 3122

Sources

Back to the list

Nevett Ford Lawyers

Melbourne CBDFull service firm

4.9

465 Google reviews

Checked 1 November 2026

Best for Employers and employees in a workplace dispute, and owners in a boundary, neighbour or tenancy dispute

  • Its litigation and workplace relations group is led by director Philip Brewin.
  • The firm says the group practises across civil, commercial and workplace litigation.
  • A separate property disputes team handles boundary, neighbour, title and landlord and tenant disputes.
First consultation
Contact the firm to discuss first meeting terms.
Full profile: lawyers, services and sources

About the firm

Nevett Ford is a full service Melbourne firm whose litigation and workplace relations group is led by director Philip Brewin, with four associate directors. The firm says the group practises across civil, commercial and workplace litigation, and most of what its pages describe is employment work, such as dismissal claims and workplace disputes. A separate property team, with director Stuart Wilson and head of property Nathan Xu, handles boundary, neighbour, title and landlord and tenant disputes. It also lists estate disputes. It suits employers and employees in a workplace dispute, and owners in a boundary or tenancy fight. Contact the firm about first meeting terms.

Lawyers

  • Philip Brewin, Director, Litigation and Workplace Relations
  • Andrew Meiliunas, Associate Director
  • Greg Doran, Associate Director
  • Claire Stratton, Associate Director
  • Emma Sutton, Associate Director
  • Stuart Wilson, Director, property
  • Nathan Xu, Special Counsel and Head of Property

Areas of civil law handled

  • Workplace and employment disputes
  • Dismissal claims
  • Contract and policy reviews
  • Mediation
  • Property and boundary disputes
  • Neighbour disputes
  • Landlord and tenant disputes
  • Estate disputes

Sources

Back to the list

MMH Lawyers

Military Road, Avondale Heights, plus GeelongFull service firm

4.8

94 Google reviews

Checked 1 November 2026

Best for Families and small businesses in Melbourne's west with a contract, building or debt dispute

  • Principal solicitor Merna Maroky Harper leads the firm.
  • Its litigation page covers contract, building, lease, shareholder, consumer law and professional negligence disputes.
  • The firm offers a free 30 minute first consultation.
First consultation
Free 30 minute consultation, or a free phone consultation after an online enquiry.
Office
33-35 Military Road, Avondale Heights VIC 3034
Full profile: lawyers, services and sources

About the firm

MMH Lawyers is a suburban full service firm in Avondale Heights, in Melbourne's north west, with a second office in Geelong. Principal solicitor Merna Maroky Harper leads the firm. Its litigation group takes on contract and commercial disputes, debt recovery, building disputes, consumer law claims, lease disputes, shareholder fights and professional negligence. The firm says it prefers to settle on commercial terms where it can and that it appears in all Victorian courts and tribunals. It suits western suburbs families and small businesses. First consultations are free.

Also worth knowing

  • It has offices in Avondale Heights and Geelong.

Lawyers

The site doesn't say which lawyers handle litigation.

  • Merna Maroky Harper, Principal Solicitor

Areas of civil law handled

  • Contract and commercial disputes
  • Debt recovery
  • Building and construction disputes
  • Australian Consumer Law claims
  • Retail and commercial lease disputes
  • Property disputes
  • Shareholder and partnership disputes
  • Professional negligence claims
  • Insolvency and corporate matters
  • Mediation and negotiated settlement

Office

33-35 Military Road, Avondale Heights VIC 3034

Other details

Other offices
96 Mercer Street, Geelong

Sources

Back to the list

Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

Not sure which firm suits you?

Tell us a little about your matter and we'll put you in touch with a Melbourne civil lawyer. It's free and there's no obligation.

How we compiled this list

We include firms with a Melbourne office whose own websites show real civil litigation and dispute work, not personal injury claims. For each firm we read its website in October 2026 and wrote the description ourselves. We only name accredited specialists where the firm's site says the Law Institute of Victoria accredited them in commercial litigation. Some firms here mainly act for businesses, and we say so in the write-up. Free consultations and fee terms are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them.

Some firms pay for a featured listing, which affects where they appear on this page. Payment doesn't buy the write-up. We write those ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Court limits, time limits and rules are as published by the Victorian courts, VCAT, Victoria Legal Aid and the Victorian Legal Services Board and Commissioner in October 2026. Court and tribunal fees are as at 1 July 2026.

Which Victorian court or tribunal hears your claim

Where a civil claim goes depends mostly on how much it's worth and what kind of dispute it is.

Court or tribunalClaims it hears
Magistrates' CourtDebts, damages and other money claims up to $100,000, plus claims for equitable relief. Victoria Legal Aid says that in some cases it can deal with claims of unlimited value
County CourtCivil claims with no upper limit. Victoria Legal Aid describes it as the court for claims over $100,000
Supreme CourtNo upper limit. It usually hears complex cases or those involving large amounts, such as commercial disputes, negligence and defamation. Victoria Legal Aid describes it as hearing claims of $200,000 and up
VCATGoods and services disputes in its Civil Claims List, including faulty goods or services, breach of contract, unpaid money, unfair contracts and misleading conduct

In the CBD, the Melbourne Magistrates' Court is at 233 William Street, the County Court at 250 William Street and the Supreme Court at 210 William Street. Most Supreme Court civil cases run in its Commercial Court or Common Law Division.

Before you sue: letters of demand and the court's rules

The Magistrates' Court's guide to starting a claim doesn't list a letter of demand as a step, but it does say to get legal advice first and to try to resolve the dispute, including through the Dispute Settlement Centre of Victoria. Victoria Legal Aid says creditors usually, but not always, send a letter of demand before suing. It's sensible to send one: it puts your claim in writing, and a clear letter often gets a debt paid without a court case.

  • Special notice rules: some laws, such as the National Credit Code, require a specific notice before a lender can take action. Letters made to look like court documents are illegal
  • Overarching obligations: once a case is in court, the parties and their lawyers must meet the overarching obligations and the paramount duty to the court in sections 16 to 26 of the Civil Procedure Act 2010
  • Certification: each party, or for example their litigation guardian or the insurer running the case, must certify that they've read and understood these obligations, usually filed with their first substantive document

Courts expect parties to try to resolve a dispute, and unreasonable conduct can affect costs. If your dispute is with a business, Consumer Affairs Victoria suggests talking to it, then writing to it and keeping a copy. Consumer Affairs can contact the business for you, but only a court or tribunal can make it pay.

Small claims, fees and getting paid in the Magistrates' Court

A civil case starts when you file a complaint, at the court closest to where the matter arose or to the defendant's address. The complaint is valid for 12 months from filing. The defendant has 21 days after being served to file a notice of defence. If they don't, you can apply for default judgment without a hearing.

  • Under $10,000: defended claims usually go to arbitration, although the court can list a pre hearing conference first
  • Over $10,000 but under $40,000: claims may be sent to a pre hearing conference, mediation or early neutral evaluation
  • Over $40,000, or not for money: claims may be sent to mediation or early neutral evaluation. Mediation fees may apply
Claim amountConcessionStandardCorporate
Up to $1,000$88.10$176.20$352.30
Over $1,000 to $10,000$184.80$367.90$735.70
Over $10,000 to under $40,000$279.80$559.50$1,119.10
$40,000 and over$279.80$839.30$1,678.60

Filing fees for a complaint, as at 1 July 2026. Individuals, sole traders, partnerships, not for profits, estates and businesses with turnover under $200,000 pay the standard fee. Concession fees are for Health Care Card holders. You can ask for a fee waiver if paying would cause financial hardship.

If you win and still aren't paid, the court won't enforce the order for you. You apply for one of these, and enforcement fees can be added to the debt:

  • a summons for oral examination, where the debtor must disclose their assets, income and debts
  • a warrant to seize property, carried out by the sheriff, which can't take household necessities such as a fridge or washing machine
  • an attachment of earnings order, which can't take more than 20% of after tax pay, or an attachment of debt, such as money in a bank account
  • an instalment order

VCAT for goods, services and contract disputes

VCAT's Civil Claims List deals with disputes about faulty products or services, repairs and refunds, breach of contract, unpaid money, unfair contracts and other Australian Consumer Law problems. It's less formal than a court, but it isn't fast. VCAT says to expect about 52 weeks from applying to your mediation or hearing.

  • Time limit: generally you must apply within six years of the dispute. To cancel the sale of a car bought for under $40,000, you must apply within 3 months of buying it
  • Lawyers: if your goods and services claim is under $15,000, you generally can't have a lawyer or other professional represent you. For bigger claims you may need VCAT's permission. A lawyer can still help you prepare
  • Costs: each party usually pays its own legal costs, even if it wins, unless VCAT orders otherwise
  • Fees from 1 July 2026: for individuals and smaller businesses, $67.40 for a claim of $15,000 or less or one that isn't for money, and $222.80 for a larger or unspecified claim. Corporate fees are $202.10 and $673.50. Concession applicants pay no application fee for Australian Consumer Law claims. A claim to cancel a car sale costs $22.50 for concession applicants, $67.40 standard and $202.10 corporate. There are no hearing fees for claims of $15,000 or less
  • Enforcement: a VCAT money order of $100,000 or less is enforced through the Magistrates' Court, and larger orders through the County Court or Supreme Court

Time limits and defamation claims

Under the Limitation of Actions Act 1958, a claim started too late can be thrown out, and courts can only extend the time in limited cases.

Type of claimTime limit
Contract, including debts6 years from when the cause of action accrued. Victoria Legal Aid says you may not have to pay an old debt if, for six years, you haven't made a payment, said in writing that you owe it or had a court order made against you
Negligence and other civil wrongs (torts), apart from personal injury6 years from when the cause of action accrued
VCAT goods and services claimsGenerally within six years of the dispute
Deeds15 years
Enforcing a judgment15 years from when it became enforceable
Debts secured by a mortgage, or with a court orderIn some cases 15 years, according to Victoria Legal Aid
Defamation1 year from publication. A court can extend this to up to 3 years if it's just and reasonable

When time starts to run can depend on the facts, so get advice early.

Defamation rules in Victoria. You must show the publication caused serious harm to your reputation. Victoria Legal Aid says not for profits and small businesses with fewer than 10 staff can also sue. If you receive a letter asking you to offer to make amends for something you published, get legal advice. Since 11 September 2024, new laws have clarified when digital intermediaries, such as search engines and social media platforms, are liable for what other people post, and reports made to police are protected by absolute privilege.

What a Melbourne civil lawyer costs, and free help

If your legal costs are likely to be more than $750, your lawyer must tell you in writing how they'll charge and give an estimate. This doesn't apply to commercial or government clients. You can negotiate the costs agreement and ask for an itemised bill.

  • If you lose in court: the Supreme Court warns you may have to pay some or all of the other side's costs, which can be substantial
  • No win, no fee: the agreement must be in writing and say what counts as a win. Any uplift fee is capped at 25% of legal costs, and lawyers can't take a share of what you recover, except under a court order in a Supreme Court class action. There's a cooling off period of at least five business days, and you may still owe the other side's costs if you lose
  • Disputing a bill: contact the Victorian Legal Services Board and Commissioner within 30 days for an itemised bill, or 60 days for a lump sum bill, from when it's payable
  • Victoria Legal Aid: Legal Help 1300 792 387, weekdays 8am to 6pm
  • Dispute Settlement Centre of Victoria: 1300 372 888. Free, voluntary and confidential mediation, including for fence and tree disputes between neighbours. You won't normally need a lawyer, but it can't enforce an agreement
  • Supreme Court Self-represented Litigant Coordinator: can explain court process and check your documents, but can't give legal advice
  • Community legal centres: free advice, and some specialise in consumer or tenancy matters
  • Law Institute of Victoria: its Find Your Lawyer Referral Service can arrange a free first interview with a referred firm, and its directory lists accredited specialists

Melbourne civil law: common questions

Which court will hear my claim?

It depends mostly on the amount. Claims up to $100,000 generally go to the Magistrates' Court, and defended claims under $10,000 usually go to arbitration there. Larger claims go to the County Court or Supreme Court. Many consumer and contract disputes with a business can go to VCAT instead.

Do I have to send a letter of demand before suing in Victoria?

The Magistrates' Court's guide to starting a claim doesn't list one as a step, but it says to try to resolve the dispute first. Victoria Legal Aid says creditors usually send one before suing. It's worth doing, because courts expect parties to try to settle, unreasonable conduct can affect costs, and a firm letter often gets a debt paid.

How long do I have to sue?

Generally 6 years for contract and debt claims, and for negligence and other civil wrongs apart from personal injury, and 1 year for defamation, though a court can extend a defamation claim to up to 3 years. Deeds have 15 years. VCAT goods and services claims generally have to be made within six years.

Can I have a lawyer at VCAT?

If your goods and services claim is under $15,000, you generally can't have a lawyer represent you at the hearing. For larger claims you may need VCAT's permission. Each side usually pays its own costs at VCAT, even the winner.

Will I get my legal costs back if I win?

In court, the losing side may be ordered to pay some or all of the winner's costs, which can be substantial. At VCAT, each party usually pays its own costs unless the tribunal orders otherwise.

What is an accredited commercial litigation specialist?

A lawyer accredited by the Law Institute of Victoria in commercial litigation, after at least five years in practice, substantial work in the area and an assessment, renewed every three years. It isn't required to practise. On this list, Bradley Cunningham at Pearce Webster Dugdales, Simon Abraham at Tisher Liner FC Law and Christian Marcus at Olivine Lawyers are accredited, according to their firms' websites.

What do I need to show to sue for defamation?

That the publication caused serious harm to your reputation. You generally have 1 year from publication to start a case, though a court can extend that to up to 3 years if it's just and reasonable. Not for profits and small businesses with fewer than 10 staff can also sue.

General information only, not legal advice.

Related pages

Sources for the legal information on this page