Civil cases

Disclaimer

The information contained on this website is a guide only and should not be considered to be legal advice. Defendants who are unsure about any aspect of the matter should seek professional legal advice.

What is a Civil Case ?

In the Local Court, civil cases are dispute about money or property, such as:Loan agreements

• Loan agreements
• Unpaid bills
• Damages from a motor vehicle accident
• Services paid for and not provided
• Property not returned

The Local Court of New South Wales deals with civil disputes for claims up to $100,000.

The Local Court has two divisions to determine civil cases:

• The Small Claims Division hears claims up to $20,000
• The General Division hears claims over $20,000 (up to $100,000).

For a civil case to be proven, the standard of proof is ‘on the balance of probabilities’, meaning that it is more likely than not to have happened.

Small Claims Division

Proceedings in the Small Claims Division are generally less formal and less technical than in other Court jurisdictions, and the rules of evidence don't apply. This means that witnesses are not called to give evidence in defended small claims matters, unless the court decides otherwise.

In defended matters, a pre-trial review is held before a hearing is set. The purpose of the pre-trial review is to help the parties reach an agreement, if possible, without the need for a further hearing. A pre-trial review can be conducted by a Registrar, Assessor or Magistrate. If agreement cannot be reached the Court will give directions for the parties to file witness statements by a certain date.

General Division

Proceedings in the General Division are more formal. In defended cases, witnesses attend Court and give evidence and cases are determined by a Magistrate.

Settling a civil case

Civil disputes can be settled by an agreement between the parties involved. If the parties can reach a settlement there is no need for a court hearing.

Where parties agree on a settlement, they should put their agreement in writing and each party should sign the agreement. This type of agreement is called 'terms of settlement' or 'consent orders'.

Formalising a consent order

The agreement is then presented to the Court and a Magistrate will consider if the agreement is appropriate and formalise it. The vast majority of civil cases are settled without a Court hearing.

Many civil matters are settled during the course of a Court hearing.

Appeals

The right of appeal in civil cases is limited. A Magistrate of the Local Court can review a decision of a Registrar, such as decisions in Notices of Motion, however, a Magistrate cannot review a decision of an Assessor.

Where a civil case has been referred to an Arbitrator and an award is made, an appeal against the Arbitrator's decision can be made to the Local Court. A Magistrate can re-determine the case. This is called an application for a rehearing of an arbitration which is made by filing a Notice of Motion. There are time limits for filing an application for re-hearing and fees apply.

Decisions in cases heard in the Small Claims Division are appealed to the District Court but only on the grounds of lack of jurisdiction or denial of procedural fairness.

Decisions in cases heard in the General Division are appealed to the Supreme Court but only on a question of law. Leave to appeal may be sought on other grounds.

Appeals in civil cases are made by summons and are lodged at the higher Court. The time limit for appeal is 28 days after the order. Fees apply to file a summons at a higher court.

You can read more about appeals on the Legal Aid website, click here.

For more information relating to civil cases, follow the link to the Practice Notes page.