Video chapters
Quick answer
A civil case needs a recognised legal claim, admissible evidence, the correct court and originating document, filing within time and valid service on every respondent. Filing starts the court record; service formally gives the other party the documents. The rules and forms vary by court and state.
What to do
- Define — Identify the legal claim, remedy, parties and deadline
- Preserve — Build a dated evidence and loss schedule
- File — Use the correct court, form and fee process
- Serve — Follow the service rules and retain proof
Transcript
Write the essential events in date order, the legal duty or promise, the breach, the loss and the remedy you are asking for. Confirm each party's correct legal name and address. Check jurisdiction, monetary limit, contractual forum terms and limitation periods before paying a filing fee.
Keep complete contracts, messages, invoices, photographs, recordings and witness details. Preserve metadata and original files. Create a loss schedule showing how each figure is calculated. An affidavit states evidence from a witness; submissions explain what result the law should produce. Do not confuse the two.
Choose the court or tribunal with power over the dispute and remedy. Complete the originating application, statement of claim or other required form, pay or seek relief from the fee, and keep the sealed copy. Registry staff can explain process but cannot choose your claim or draft your evidence.
Serve each respondent by the method and within the time allowed by that court's rules. Personal service may be required for some documents, while corporations and later documents can have different methods. Keep an affidavit, certificate or other accepted proof of service and record the response date in your calendar.
A civil lawyer can test the cause of action, limitation date, forum, pleading, evidence and service plan. Go To Court can provide free general information and arrange a civil-law consultation where a suitable lawyer is available. The contact details are on your screen.
Sources and further help
Sources checked 3 September 2026.
Important
This video provides general information about civil procedure, evidence, filing and service in Australia. It is not legal advice and does not take account of your circumstances. Laws, procedures, fees and time limits can change, and state or territory rules may apply. Get advice from a qualified lawyer about your situation.