What’s Considered Unreasonable in a Legal Disagreement?
Legal disputes are often stressful and time-consuming, especially when one party’s behaviour is considered “unreasonable.” In the context of Litigation and Dispute Resolution in Australia, courts place a strong emphasis on fairness and cooperation. Unreasonable behaviour, whether deliberate or negligent, can affect the outcome of a case and lead to financial or legal consequences.
This article explores what is considered unreasonable in legal disagreements, how it affects dispute resolution, and the best steps you can take to avoid such pitfalls.
What Does “Unreasonable” Mean in Legal Terms?
Unreasonable behaviour is broadly defined as conduct that is unfair, illogical, or obstructive within the context of a dispute. In legal disagreements, it may include:
Refusing to negotiate or mediate, even when a settlement is possible.
Ignoring court orders or failing to meet legal deadlines.
Withholding key evidence or refusing to share relevant documents.
Making frivolous claims or defences without legal merit.
Escalating conflicts unnecessarily, leading to delays and increased costs.
Courts and tribunals in Australia expect parties to act in good faith and take reasonable steps to resolve disputes before resorting to litigation.
How Unreasonable Behaviour Impacts Litigation
The conduct of both parties can directly affect how a dispute is resolved. For instance:
A party that refuses to attend mediation may be penalised when legal costs are awarded.
Courts may order a non-cooperative party to pay the other side’s legal expenses.
Frivolous or bad-faith actions can result in claims being dismissed or judgments made against the offending party.
In commercial disputes, unreasonable behaviour not only increases costs but can also damage business relationships and reputations. In family law or workplace matters, it can cause further emotional strain.
Legal Framework in Australia
Australian legislation encourages parties to resolve disputes outside court where possible. For example, the Civil Procedure Act 2005 (NSW) aims to promote the quick and efficient resolution of disputes, discouraging conduct that wastes time or resources.
Courts also require parties to comply with pre-action protocols. Failure to engage with these processes, such as ignoring settlement offers or refusing reasonable discussions, may be deemed “unreasonable” and affect the court’s final decision.
Examples of Unreasonable Conduct in Litigation
Unreasonable behaviour can vary depending on the circumstances but often includes:
Refusing to attend court-ordered mediation sessions.
Filing excessive claims without supporting evidence.
Deliberately delaying proceedings by failing to provide requested information.
Harassing or intimidating the other party or their legal team.
Courts view such conduct as a misuse of legal processes and can impose strict penalties, including cost orders.
The Role of Alternative Dispute Resolution (ADR)
Litigation is costly, time-consuming, and often a last resort. Australian courts encourage Alternative Dispute Resolution (ADR), such as negotiation, mediation, or arbitration, to help parties reach a fair and efficient outcome.
Engaging in ADR demonstrates a reasonable approach to resolving conflicts. Refusing to participate in ADR without a valid reason is often considered unreasonable and may negatively influence the outcome of litigation.
How to Avoid Being Considered Unreasonable
If you are involved in a legal dispute, here are steps to ensure your actions are viewed as reasonable:
Respond promptly to correspondence and requests from the other party.
Provide all relevant documents and evidence in good time.
Engage openly in mediation or negotiation, exploring all possible solutions.
Avoid unnecessary delays and ensure compliance with court orders.
Seek expert legal advice early to guide your strategy and actions.
Acting cooperatively not only improves your credibility but can also lead to faster, cost-effective resolutions.
Why Seek Professional Advice?
Legal disputes can be complex, especially when one party behaves unreasonably. A specialist in Litigation and Dispute Resolution can help you:
Identify unreasonable behaviour and its legal implications.
Develop negotiation strategies to avoid lengthy litigation.
Represent you effectively during mediation or court proceedings.
Protect your rights while minimising costs and stress.
In Australian law, unreasonable conduct during a dispute can have severe consequences, including cost penalties and unfavourable judgments. Understanding what constitutes unreasonable behaviour—and avoiding it—is essential for achieving a fair outcome.
By seeking professional guidance and engaging in Alternative Dispute Resolution where appropriate, you can navigate legal disputes with confidence and efficiency.
