Local court civil matters

What civil matters can we help you with?

We are able to assist you with disputes arising from various claims. Specifically, we can help you with:

• motor vehicle accident disputes
• loan agreement disputes
• unpaid invoices
• unfulfilled services
• unreturned property
• other civil matters (EG. medical)

There are two divisions in the Local Court of NSW: The Small Claims Division and the General Division.

• The Small Claims Division of the Local Court can award damages of up to $20,000.
• The General Division of the Local Court can award damages of up to $100,000.

Local court processes – Small Claim Division and General Division

Before commencing proceedings in the Small Claims Division of the Local Court, it is wise to try to settle a dispute by writing a ‘letter of demand.’

A statement of claim, that initiates proceedings, is then filed in court. A respondent will have 21 days, from the date of service, to file a defence. If no defence is filed, the court will issue a default judgment favouring the Plaintiff.

If a defence is filed, the court will send both parties a notice for a pre-trial review, where the aim is for both parties to resolve the dispute before it proceeds to a hearing. If the matter is not resolved, a date is given to both parties to file witness statements for a hearing. After a magistrate hears a matter, a decision is usually given.

In the Small Claims Division, civil hearings are less formal than those held in the General Division; and witnesses are not called unless required by the court. Consequently, the rules of evidence do not apply. Appeals to the District Court are limited to the denial of procedural fairness or on the grounds of a lack of jurisdiction.

In the General Division, proceedings are more formal, requiring witnesses to attend to give evidence. Appeals to the Supreme Court of NSW are made on a question of law, or require the leave (permission) of the court to appeal.

Let us help. Get in Touch.

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• zoom,
• phone or
• face-to-face at our office.

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