Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have successfully represented clients in various civil law cases, securing justice and compensation for wrongful arrest, employment law, defamation, institutional abuse including historical sexual abuse, and more. Our victories in civil disputes demonstrate our unwavering commitment to protecting our clients' rights and well-being.
Extensive Civil Expertise
Our team of highly experienced civil lawyers including NSW Law Society accredited specialists have in-depth knowledge of civil law in New South Wales and throughout Australia. We expertly navigate the complexities of the legal system to ensure the best possible outcome for our clients.
Personalised Approach
A civil litigation lawyer understands every civil case is unique. Our civil lawyers in our Sydney office take the time to understand your situation, we will use our legal expertise to tailor a legal strategy to achieve the best possible outcome for you.
No Win, No Fee*
In certain civil disputes, we offer a no win, no fee arrangement to ensure you can access top-tier legal representation without financial strain, risks or upfront costs. This means you do not pay legal fees or any costs unless we win your case.
Civil Lawyer: Cases We Handle
SUING THE POLICE
Actions against law enforcement, or suing the police, is one of our specialties. Our law firm is known for its expertise in this area of civil law. No other law firm has taken more action against the police. We provide robust legal representation in these civil disputes for clients suing the police for unlawful arrest, police abuse, false imprisonment, and police misconduct. Our goal is to secure justice and compensation for the harm suffered. Suing the police can be a complex and lengthy process, let us resolve your legal issue.
INSTITUTIONAL ABUSE
Our civil litigation lawyers have extensive experience representing survivors of historical sexual abuse in institutions such as schools, churches, government care, army training schools, and detention centers. These legal matters can be a complex and lengthy process. We use our expertise to focus on holding institutions accountable and achieving the best possible outcome to resolve your legal matter.
VICTIMS OF ABUSE AND ASSAULT
We handle cases for victims of abuse and assault, including sexual asssault, rape and domestic violence. A civil litigation lawyer ensures thorough and compassionate court representation to protect your rights and secure compensation.
MEDICAL NEGLIGENCE
Our civil litigation lawyers represent clients in medical negligence cases, working tirelessly to hold healthcare providers accountable for substandard care. Our civil litigation lawyers can help secure compensation for the injuries and suffering caused.
DEFAMATION
Your reputation deserves protection, so our civil defamation lawyers will work tirelessly to protect your name. In particular, our defamation lawyers have in-depth knowledge of media and social media defamation law. Defamation cases can be highly complex, that is why expert legal representation is crucial.
COMMERCIAL LITIGATION & OTHER CIVIL MATTERS
As leading civil litigation lawyers in Australia, our legal expertise covers a wide range of civil law cases, including personal injury, fair trading, employment law matters, all types of defamation, and discrimination, providing comprehensive legal services to successfully resolve and achieve justice for our clients.
Protecting Your Rights: Actions Civil Litigation Lawyers Can Take
At O’Brien Criminal and Civil Solicitors, our civil law team understands the urgency of securing justice and compensation to resolve your legal matter. However, civil law cases are often a complex and lengthy process, so here are some ways we can help you:
Investigating Claims
Our litigation lawyers thoroughly investigate your claims, gathering evidence and building a strong case to support your pursuit of justice and compensation.
Negotiating Settlements
Our civil litigation lawyers aim to achieve favourable settlements through effective negotiation, ensuring you receive fair compensation for your suffering. This is the most cost-effective way to achieve the best result for you. In most successful cases, you will receive fair compensation and legal costs.
Litigating in Court Proceedings
If necessary, litigation lawyers will vigorously represent you in court proceedings to achieve the best possible outcome.
The most effective course of action depends on the nature of your legal issues and the harm suffered. Our civil litigation lawyers will carefully evaluate all options and advise you on the path most likely to resolve your case to achieve your desired outcome.
Let our civil litigation lawyers guide you through this difficult time. Contact the expert civil lawyers at O’Brien Criminal and Civil Solicitors today for a free initial consultation or to book a 15-minute consultation with a member of our legal team.
The most effective course of action depends on the nature of your legal issues and the harm suffered. Our civil litigation lawyers will carefully evaluate all options and advise you on the path most likely to resolve your case to achieve your desired outcome.
Let our civil litigation lawyers guide you through this difficult time. Contact the expert civil lawyers at O’Brien Criminal and Civil Solicitors today for a free initial consultation or to book a 15-minute consultation with a member of our legal team.
Meet Our Civil Law Team
With over a decade of experience, our civil law team has made us one of Australia’s leading civil law firms. Led by firm founder and Principal Solicitor, Peter O’Brien, our dedicated and enthusiastic team has represented clients in court proceedings all over the country, including in the High Court of Australia.
No matter how big or how small your legal matter is, our civil litigation lawyers will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Peter O'Brien
Principal Solicitor
Stewart O'Connell
Senior Solicitor
Patrick Latham
Civil Solicitor
Oliver Creagh
Civil Solicitor
Sarah Walsh
Civil Solicitor
Jake Edwards
Civil Solicitor
Brooke Collins
Civil Solicitor
Megan Kirk
Civil Solicitor
Chika Okpala
Civil Solicitor
Matilda Bogart
Civil Solicitor
Matthew Hudson
Practice Manager
Jackson Phillips
Paralegal
Anavi Arya
Paralegal
Raahat Shaik
Paralegal
Jonathan Jebbo
Paralegal
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
The Civil Law Claims Process
1. Free Initial Consultation
If you believe you have a civil law claim, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our civil lawyers will assess your legal issue, and use our expertise to explain your legal options, and discuss flexible payment options for civil representation.
2. Investigating & Building Your Case
Your Case: Your civil lawyer will meticulously gather evidence and develop a strategic approach, which may involve negotiating with the opposing party or preparing for trial.
3. Communication & Updates
Your lawyer will keep you informed about the progress of your case, explaining legal processes in clear terms. You'll collaborate with your lawyer to review documents and make key decisions.
4. Pursuing a Resolution
Our civil litigation lawyers will work tirelessly to achieve the best possible outcome – whether that involves negotiating a settlement, securing compensation, or representing you in court proceedings.
Remember: Civil law is complex and seeking expert legal advice is crucial. Our experienced civil solicitors are here to guide you every step of the way and fight to protect your rights.
What to Do if You Need Help from a Civil Compensation Lawyer
If you are seeking justice and court representation for wrongful actions, civil law provides a means to hold those responsible accountable. While it may be a complex and lengthy process, we strive to protect your rights. A civil litigation lawyer will build a strong case in different types of civil law cases:
Suing the Police
- Document Everything
- Record Details: Our civil litigation lawyers will advise you to write down everything you remember about the incident, including the time, location, police officers involved, and any conversations or actions taken.
- Collect Evidence:Gather any evidence that supports your claim, such as photographs, medical records, and contact information of any witnesses.
- Seek Legal Advice Immediately:
- Consult a Lawyer: A specialist civil lawyer will provide an honest assessment on your situation, advise you on your rights, and develop a strategy to pursue your claim.
- Understand Your Case: Our civil litigation lawyers will explain the legal grounds for suing the police, potential compensation, and the steps involved.
- Avoid Retaliation
- No Retaliation:Do not take any retaliatory actions against the police officers involved. Let your lawyer handle all communications, legal actions, and commence legal proceedings on your behalf.
Victims of Historical Abuse Compensation (Institutional Abuse)
- Document Your Experience
- Write Your Account: Record your experiences, including details of the abuse, the institution involved, and any individuals responsible.
- Gather Evidence: Collect any supporting documents, such as medical records, psychological evaluations, and witness statements.
- Seek Legal Advice Immediately
- Consult a Lawyer: Our civil litigation lawyers are specialists in institutional abuse cases. They will assess your situation, advise you on your rights, and develop a strategy to pursue your claim.
- Understand Your Case: Your lawyer will explain the legal process for seeking compensation, potential settlements and costs, and the steps involved. In some situations, we might be able to settle your case in mediation without the need for you to go to court. Let our highly experienced civil lawyers commence legal proceedings on your behalf.
- Maintain Privacy
- Protect Your Privacy:Avoid discussing your legal issues publicly or on social media. Let your civil litigation lawyers manage all communications and legal actions.
Victims of Crime Compensation (Suing the Perpetrator)
- Document the Incident
- Record Details: Write down everything you remember about the crime, including the time, location, and actions of the perpetrator.
- Collect Evidence: Gather any evidence that supports your claim, such as police reports, medical records, and witness statements.
- Seek Legal Advice Immediately
- Consult a Lawyer: A specialist civil lawyer will assess your situation, advise you on your rights, and develop a strategy to pursue your claim.
- Understand Your Case: Your lawyer will explain the legal grounds for suing the perpetrator, potential compensation, and the steps involved to commence legal proceedings either in court proceedings or by mediation.
- Avoid Contact
- No Contact: Do not contact the perpetrator or their associates. Let our civil litigation lawyers handle all communications and legal actions..
General Tips for All Civil Proceedings
- Act Quickly
- Timely Action: The sooner you contact a lawyer for civil representation, the better your chances of building a strong case and protecting your rights.
- Evidence Preservation: Swift action helps secure evidence and witness statements that are crucial to your case.
- Know Your Rights
- Right to Compensation: You have the right to seek compensation for the harm you have suffered. With our legal representation, you will receive the compensation you deserve.
- Legal Guidance: At O’Brien’s, our civil litigation lawyers will guide you through the legal process, explain your options, any costs, advocate on your behalf, and provide the best court representation for your case.
Remember: Don’t face this alone. Let the civil law experts at O’Brien Criminal and Civil Solicitors guide you and fight your legal issues in court proceedings or mediation. We’ll strive to secure the justice and compensation you deserve by offering practical advice.
Whether you are suing the police, seeking compensation for historical abuse, or pursuing a claim against a perpetrator, we are here to help you with your legal issues. Plus, in many civil disputes, you can benefit from having all costs covered in a no-win, no-fee arrangement.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs on Civil Claims
What Should I Do Immediately After an Incident Involving Police Misconduct?
If you believe you have been a victim of police misconduct, the first step is to document everything as thoroughly as possible. Write down all the details of the incident, including the date, time, location, and names or badge numbers of the officers involved. Take photographs of any injuries and gather contact information from any witnesses.
Seeking medical attention immediately is also crucial, as medical records can serve as vital evidence. Finally, contact a civil lawyer experienced in police misconduct cases for legal representation. For an honest assessment on your civil dispute, contact a civil litigation lawyer to provide legal guidance.
How Do I Prove Historical Abuse in an Institutional Setting?
Proving historical abuse in an institutional setting can be challenging due to the passage of time. Start by gathering any physical evidence you can find, such as medical records, photographs, letters, or diaries that mention the abuse.
Collect statements from anyone who can corroborate your story, such as other victims, staff members, or friends. It's also beneficial to undergo a psychological evaluation to document the long-term effects of the abuse. With our legal representation, you are safe in the knowledge that our civil litigation lawyers specialise in institutional abuse cases.We can offer practical advice and help you gather and present this evidence effectively.
What Kind of Compensation Can I Expect from a Civil Claim Against the Police?
The compensation from a civil claim against the police can vary widely depending on the specifics of your legal issues. It can include damages for physical and emotional injuries, financial losses such as lost wages or medical expenses, and punitive damages intended to punish the police department for their misconduct. Also, for most civil cases, the settlement will cover all your legal costs.
Often, civil disputes can be a complex and lengthy process, but our civil litigation lawyers will help you quantify these damages and offer practical advice. A civil litigation lawyer will provide robust legal advice and build a strong case to maximise your compensation.
Are there time limits for historical institutional abuse claims in Australia?
No, there are no time limits for historical institutional abuse claims in Australia. All states and territories have abolished the statute of limitations for child sexual abuse claims, and some have also extended this to other forms of abuse, such as physical and psychological abuse.
The Royal Commission into Institutional Responses to Child Sexual Abuse (2013-2017) recommended the abolition of time limits for child sexual abuse claims. This led to legislative reforms across Australia, with all states and territories removing the statute of limitations for child sexual abuse claims and some extending this to other forms of abuse.
While there is no time limit, allowing further time to pass may make gathering reliable evidence more difficult so you should seek legal advice without delay. Speak to an experienced civil litigation lawyer for legal advice.
Can I Sue Someone for a Crime They Committed Against Me Even if They Were Acquitted in Criminal Court?
Yes, you can file a civil lawsuit against someone for a crime they committed against you, even if they were acquitted in criminal court. Civil and criminal cases have different standards of proof. In a criminal case, the prosecution must prove guilt "beyond a reasonable doubt," whereas in a civil case, the plaintiff only needs to prove their case "on the balance of probabilities." This lower standard means you might succeed in a civil court even if the criminal court did not convict the perpetrator.
What Types of Evidence Are Important in a Civil Claim for Victims of Crime?
In a civil claim for victims of crime, several types of evidence can be critical. These include police reports, medical records documenting injuries, witness statements, photographs of injuries or the crime scene, and any correspondence with the perpetrator. Psychological evaluations can also be important to demonstrate the emotional and mental impact of the crime. Speak to our experienced civil litigation lawyers who can help you with your legal issues by instructing you to gather this vital evidence.
How Does the Legal Process Work for Suing the Police?
The process for suing the police typically begins with filing a formal complaint with the police department. If the complaint is not resolved to your satisfaction, you can then file a civil lawsuit. Your lawyer will help you draft the complaint, gather evidence, and prepare for court.
The case may involve pre-trial hearings, settlement negotiations, and potentially a trial. Throughout the process, you can speak with our civil lawyers who will advocate on your behalf to achieve the best possible outcome.
What Support Is Available for Victims of Historical Abuse?
Victims of historical abuse can access various forms of support, including counselling services, support groups, and legal assistance. Many organisations specialise in helping survivors of institutional abuse, offering resources and guidance throughout the legal process.
Additionally, your civil litigation lawyer can connect you with professionals who can provide emotional and psychological support as you pursue your claim.
Can I Receive Compensation for Psychological Harm in a Civil Claim?
Yes, you can receive compensation for psychological harm in a civil claim. This is often referred to as "pain and suffering" or "emotional distress" damages. To support your claim, it's important to document your psychological injuries through professional evaluations and therapy records. If you have incurred psychological medical costs in your life, provide evidence of this.
Speak to your civil litigation lawyer and they can guide and help you present this evidence to demonstrate the full extent of your harm and seek appropriate compensation.
Whether it be suing the police, a historical sexual abuse claim, defamation, or other civil dispute, you need an expert civil law expert. Let our legal team at O’Brien Criminal and Civil Solicitors in our Sydney office guide you.
How Do I Choose the Right Lawyer for My Civil Claim?
Choosing the right lawyer for your civil claim involves considering several factors. Look for a lawyer with experience in the specific type of case you are pursuing, such as police misconduct, historical abuse, or crime victim compensation.
Check their track record for successful outcomes in similar cases. It's also important to feel comfortable with your lawyer, as you will need to work closely together. Schedule consultations to speak with our civil litigation lawyers to discuss your legal issues and see who you feel most confident in representing your interests.
Remember: Don’t face this alone. We will fight to secure the justice and compensation you deserve on your behalf. Whether you are suing the police, seeking compensation for historical abuse, or pursuing a claim against a perpetrator in New South Wales or in another state, we are here to help.
Civil Law Case Studies
GA v State of NSW – Successful claim of trespass to property
Successful Claim for Family of Aboriginal Man Who Was Treated Negligently in Prison
Successful Claims against Police for Battery and False Imprisonment – SH
Justice For Client Battling Against Unlawful Arrest
Successful Challenge Against Unlawful Detainee Risk Management Plans DRMPs
