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Home/Articles/Practice/Litigation route map: demand, settlement, application, action, or enforcement?

Practice

Litigation route map: demand, settlement, application, action, or enforcement?

A practical overview of common dispute routes and what usually drives the choice.

Reviewed by Gerhard Human · 26 Apr 2026 · 1 min

The correct route depends on the relief needed, the evidence available, urgency, the opponent response, and whether the dispute turns on documents or oral evidence.

A demand letter may be enough where the facts are clean and the opponent is commercially rational. It is weaker where the opponent is insolvent, evasive, or already committed to a defence.

Application proceedings suit disputes that can be decided mainly on affidavits and documents. Action proceedings are usually needed where oral evidence, credibility, and contested facts are central.

Settlement work should be deliberate. Offers should record authority, payment dates, default consequences, confidentiality where needed, costs, and what happens if one party performs only partly.

Enforcement planning should start early. A judgment without assets, surety support, garnishee prospects, or executable property may be a paper victory.

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This article is general information only and does not create an attorney-client relationship. Submit an enquiry for advice on your specific facts.

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