Civil Law in New South Wales

Civil Lawyers in New South Wales

In New South Wales, civil disputes are dealt with either through the NSW Civil and Administrative Tribunal (NCAT), through alternative dispute resolution, or through the court system.

The New South Wales civil courts have jurisdiction over matters relating to debt recovery, damages from a motor vehicle accidents, property not returned, services paid for but not provided, and loan agreements. Civil cases involving tenancy issues, decisions on guardianship, dividing fences, motor vehicles, building disputes, and consumer disputes are all dealt with by NCAT.

Many areas of New South Wales civil law have their own legislation setting out where proceedings should be commenced, and what course of action can be taken. The value of a claim will also determine which jurisdiction the matter should be heard in.

NSW Civil and Administrative Tribunal

NCAT has four divisions. These are:

• the Administrative and Equal Opportunity Division
• the Consumer and Commercial Division
• the Guardianship Division, and
• the Occupational Division.

To commence proceedings in NCAT you will need to file the appropriate application form, setting out the orders that you are seeking, the reasons why those orders should be made, and an outline of the dispute.

The type of orders that NCAT can make are listed on the application forms and are relevant to that particular matter. For matters relating to Home Building and Strata and Community Scheme disputes, the parties must participate in dispute resolution prior to lodging an Application with NCAT. All other matters are listed for conciliation after the application has been filed. If conciliation is successful, then consent orders will be made; otherwise, the matter will be set down for hearing.

If the order involves a party being awarded money, the party will need to enforce the order through the courts. This is done by obtaining a certified copy of the order and filing it in the court with the appropriate jurisdiction.

Local Court Small Claims

Small claims involving an amount of $20,000 or less can be dealt with by the Local Court of NSW Small Claims Division.

A small claim can be started by filing a statement of claim in the Local Court and serving a copy on the other party. A filing fee of $149 for an individual or $298 for a corporation will need to paid. The defendant will then decide how to respond to the claim. They may pay the amount sought, settle the dispute out of court, or file a defence. If the defendant does not respond to the claim within 28 days, the plaintiff may seek a default judgment.

Local Court General Claims

A civil claim for more than $20,000 and less than $100,000 (or $120,000 in limited circumstances)  can be dealt with in the Local Court General Claims Division.

A matter is started by filing a statement of claim and serving it on the defendant, who then files a defence. The matter will then be listed for a directions call-over. At the directions call-over, a magistrate will decide how the matter should proceed. It may be adjourned for an arbitration hearing, referred to mediation, or dismissed.

District Court and Supreme Court

In New South Wales, if a person wants to pursue a civil claim for more than $100,000 (or $120,000 in limited circumstances), they must do so in the District Court or Supreme Court.  

The District Court deals with all motor accident cases and with civil matters involving up to $1,250,000. It also deals with superannuation and workers compensation matters.

The Supreme Court has unlimited civil jurisdiction.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.