Defending a Case in Court in Qld - Sunshine Coast Lawyers

Are you a defendant involved in a current matter that is about to go to court, and you are looking for information on defending a case in court?

If so, it is highly likely that you are experiencing quite a lot of stress and anxiety at the moment and don’t really know how you should proceed from your current position.

These are valid feelings and questions as having a judgement made against you can be detrimental!

Try to remain calm, however. All is not lost! Just because you are the defendant doesn’t mean that you can’t win the matter and walk out without a judgement against you.

There are actions you can take and things that you can consider to help this to happen.

This article will discuss 5 key considerations you should take into account before defending a case against you in court and how doing so can help you to win your case.

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Can the Court Dismiss the Case?

The first thing that you should consider as a defendant in a civil court matter is if you can have the matter dismissed by the court so that you are not prosecuted at all.

As a defendant, this is entirely the best option for you as, with a dismissed case, you will not only face no penalties but also avoid the costs and time that a court case will take up.

This is referred to as “summary dismissal” and occurs when the court dismisses the matter in the early stages in the interest of the defendant.

There are several reasons why this may occur, including:

The matter is “frivolous” or “vexatious”

One of the reasons that a court may be driven to dismiss a matter in favour of the defendant is if the case is considered either frivolous or vexatious.

The term ‘frivolous’ in case law refers to a matter that is unreasonable due to its lack of evidence, significance, or sense.

The term ‘vexatious’ in a court matter refers to a case that abuses the resources or time of the court, has been presented for an unreasonable or inappropriate purpose or is not based on reasonable grounds.

It is Unreasonable

Another reason that a court may dismiss a case is if it is simply unreasonable.

A court may be inclined to dismiss a matter if they do not see a reasonable course of action or a chance of success.

It Abuses the Process of the Court

The abuse of the processes of a court is another key reason that a court may decide to dismiss a matter.

If the matter has been decided already in a separate court matter, it will likely be dismissed.

The case may also be dismissed if it will take a lot of resources to undergo and the claim is simply not worth it (e.g. it is an unreasonably small claim).

Can I Make a Claim Against the Plaintiff or Another Party?

Another thing that you should consider before defending your matter in a civil court matter is if it is an option for you to make a counterclaim against the plaintiff in the matter.

A plaintiff deciding to take legal action against you does not mean in any regard that you cannot still make a claim against them or another party.

In the case of a counter or crossclaim, you may make one against the plaintiff or a separate third party.

You can make a cross-claim against a plaintiff about either a situation related to the current matter or an unrelated past scenario that you are yet to have sued them for.

If you wish to make a crossclaim against a currently uninvolved third party, the rules are a little stricter.

The claim must be related to the plaintiff’s claim and can be made if either the individual caused you damages or if they are the one truly responsible for whatever the plaintiff is suing you for.

Is Settlement Still an Option?

Another question that you should ask yourself as a defendant involved in a court matter in which your case will be defended is if you can still enter a settlement now that you have already proceeded to court.

Quick answer, yes you absolutely can! Many think that once their matter has entered a court environment, settlement is no longer an option.

Fortunately for you, this is not true at all.

During the court proceedings, you are well within your rights to continue to negotiate with the other party outside of court and try to come to a decision that is both fair and beneficial.

Settlement is a great alternative to court as a defendant especially and can be very mutually beneficial to the involved parties.

For starters, the settlement allows both of you to save significant money and time on legal fees and the long process that is litigation.

It also, as previously stated, allows both parties to negotiate and come up with a solution that works for the both of you.

Furthermore, if the settlement does not work out, you will likely have gained some important information that can help you to win your case.

What Happens if I Can’t Fulfil a Judgement?

So you’ve seen the matter through the court process and have, unfortunately for you, come out defeated.

After a lengthy and expensive court case, you have probably spent a fair share of your money on legal fees and, amongst everything else, you may not be able to afford to fulfil the judgement.

The obvious solution is to prevent this problem before it even happens and cut your losses by giving the other side what they are looking for before the court matter.

Although this may seem counterproductive, if you are in a situation where you genuinely do not see yourself winning the matter, it might be for the best.

If you do decide to see it through however and are now in a situation where you cannot afford to pay the amount of the judgement, the best thing you can do is try to negotiate a payment plan with the other side.

If they will not allow this, you can apply to the court for a repayment plan which they can then enforce if necessary.