Factors to Consider

• Costs to consider before initiating legal action:

  Fees for legal representation

  Disbursements (out of pocket costs excluding legal rep)

  Adverse costs orders (may be ordered to pay winning party's fees)
• Before initiating a claim, the plaintiff will want to consider

  • Whether the defendant has enough money to pay
  • If the defendant is bankrupt
  • If the defendant is in jail
  • If the defendant is overseas or hard to locate/identify
• Ways the court can help with enforcement

  • Warrant of seizure and sale
  • Attachment of debts
  • Attachment of earnings
• The plaintiff may also want to consider whether someone else may also be liable and can 'pay' (e.g. an employer instead of the individual employee)
• Types of Disbursement fees

  • Court fees (filing fees, hearing fees, fee for a jury if requested) or tribunal fees (possibly filing fees and hearing fees). 
  • Mediation fees - this will depend on whether the mediation is organised privately or through a court or tribunal. Fees may be incurred for the cost of a mediator and venue). 
  • Fees for expert witnesses - these witnesses are called to give their expert opinion e.g. a medical expert to give evidence regarding injuries suffered by a plaintiff. 
  • The cost involved in using technology to manage and sort through documents
• Limitations of actions: time within which a civil action must be initiated after the date of the Plaintiff realising their rights have been breached

  (Limitation of Actions Act 1958 (Vic))
• Why limitations of actions?

  Defendant has certainty that at some point no claim will be made.

  Evidence is not lost and people can still remember what happened.

  Disputes are actually resolved and people can move on, helping to enhance social cohesion.