Guide

Which court hears your claim

New South Wales has three courts that hear civil claims and a tribunal that hears several kinds of dispute instead. Where your matter belongs decides the cost, the formality and the speed of it.

General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.

In short

The Local Court and the District Court each hear civil claims up to a monetary limit, and those limits change, so check them on the court’s own website rather than on any other site. The Supreme Court’s civil jurisdiction is not capped at an amount.

Some disputes go to NCAT rather than a court, including consumer claims and certain tenancy, strata, home building and retail lease matters. The Tribunal is designed to be less formal than a court.

Why it matters where a claim is filed

The three courts are not simply bigger and smaller versions of one another. They differ in cost, in formality, in how long a matter takes and in how much preparation each step demands. Filing a claim in a court that is more formal than the dispute requires can cost more than the dispute is worth. Filing it in one that cannot hear it wastes the filing fee and the time.

Procedure itself is shared. The Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW) govern how civil proceedings are commenced, pleaded, evidenced and decided across all three courts. That is why a statement of claim looks broadly the same wherever it is filed.

Two things generally decide the court: how much is in dispute, and what kind of claim it is. The amount is the usual determinant. The kind matters where you are asking for something other than money — an injunction, a declaration, an order about property — which tends to belong higher up.

This guide describes the structure. It does not publish the monetary limits, because they are changed from time to time and a figure copied onto a website goes out of date quietly. The Local Court and the District Court each publish their current limits, and the links at the foot of this page go to those pages. There is no equivalent figure for the Supreme Court, whose civil jurisdiction is not capped at an amount.

The Local Court

The Local Court hears civil disputes up to its monetary limit. It is presided over by magistrates, it has registries across the State, and its civil work covers ordinary disputes about money and property: unpaid bills, loan agreements, damage from a motor vehicle accident, and similar matters. The Court’s own civil jurisdiction page notes that the vast majority of civil cases are settled without a court hearing.

Its civil jurisdiction is divided into two. The Small Claims Division deals with the smaller claims, with a simpler and less formal procedure. The court’s own material explains that the rules of evidence do not apply in the usual way and that witnesses are generally not called to give evidence in defended small claims matters unless the court decides otherwise. It is designed to be usable without a lawyer.

The General Division deals with the larger claims within the Local Court’s limit. It is more formal: witnesses attend and give evidence, and the matter is decided after a hearing in the ordinary way.

Each of those divisions has its own monetary limit, and so does the Local Court as a whole. The current figures are on the Local Court’s civil jurisdiction page.

The District Court

The District Court is the intermediate court. In civil matters it hears claims above the Local Court’s limit and up to its own, which is published on its jurisdiction page.

Two features of that jurisdiction are worth knowing. The Court can hear all motor accident cases irrespective of the amount claimed. And it can deal with matters above its ordinary monetary limit where the parties consent, which is occasionally a practical way to keep a matter out of the Supreme Court.

It is more formal than the Local Court, and each court publishes its own filing and hearing fees. For a dispute in the middle of the range, the choice between courts is a real strategic decision rather than an administrative one.

The Supreme Court

The Supreme Court of New South Wales is the superior court of record in this State. Its own material describes it as having inherent jurisdiction in addition to its specific statutory jurisdiction, and notes that section 23 of the Supreme Court Act 1970 provides the Court with all jurisdiction necessary for the administration of justice in New South Wales.

It has two trial divisions. The Common Law Division deals with civil, criminal and administrative law matters, and on the civil side that includes claims for damages for personal injury, breach of contract, professional negligence, possession of land and defamation. The Equity Division administers its work through specialist lists and hears equity, probate, commercial, admiralty and protective matters — in practice, claims about interests in land and trusts, and claims for remedies other than damages.

Above the trial divisions sit the Court of Appeal and the Court of Criminal Appeal.

The Supreme Court’s civil jurisdiction is not capped at an amount, and its Equity Division hears claims about interests in land and trusts and claims for remedies other than damages. What settles whether a matter belongs there is the relief sought and what is in dispute, not how serious a claim looks.

NCAT, which is not a court

The NSW Civil and Administrative Tribunal hears a number of disputes that would otherwise go to a court. Its Consumer and Commercial Division resolves everyday disputes including tenancy and other residential matters, consumer claims, motor vehicle disputes, retail leases, home building, dividing fences, strata schemes and agent commissions.

For consumer claims it applies the Fair Trading Act 1987 (NSW) and the Australian Consumer Law, and it can order payment of money, repair or replacement of faulty goods, supply of services, delivery of goods, or a refund with the goods returned.

The Tribunal is deliberately less formal than a court, and it encourages parties to run their own case without a representative. Whether you may be legally represented depends on the proceedings: the general position is that you need the Tribunal’s leave, and NCAT states that you are automatically entitled to representation in administrative review and regulation, professional discipline and retail lease cases. NCAT also applies its own time limits, which are not the same as the periods in the Limitation Act 1969 (NSW).

If your dispute is about goods or services you bought, start with our page on consumer claims rather than thinking about courts at all.

What else decides the venue

The amount is the usual answer, but four other things can move a matter.

The kind of relief you want. A claim for an injunction, a declaration or an order about an interest in land is not measured in money, so the amount in dispute does not settle where it goes. What settles it is which court or tribunal has the power to grant what you are asking for.

The kind of claim. Certain matters are assigned by legislation to a particular court or to a tribunal, and that assignment is not something the parties choose.

Transfer. A court can transfer proceedings to another court in the circumstances the Civil Procedure Act 2005 (NSW) provides, so filing in the wrong place is not always fatal — but it costs time and, usually, money.

Cost and proportionality. Where a claim could properly be brought in either of two courts, the cheaper and faster one is often the better one, even if the higher court would look more serious.

How much is in dispute, measured against each court's published monetary limit.
Whether you want money, or something else such as an injunction or a declaration.
Whether legislation assigns the dispute to a particular court or to NCAT.
Whether the parties consent to a court dealing with a matter above its ordinary limit, where that is available.
What each venue will cost to run to a conclusion, against what is actually at stake.

What usually happens

Work out what you are claiming

A specific sum, or something else such as an order that work be done, land be dealt with, or conduct stop. That distinction moves matters between courts.

Check whether it belongs at NCAT instead

Consumer claims, tenancy, strata, home building, retail leases and dividing fences are among the matters NCAT’s Consumer and Commercial Division deals with.

Compare the amount against the published limits

Read the current limit on the Local Court’s civil jurisdiction page and the District Court’s jurisdiction page. Use the court’s own figure, not one from anywhere else.

Weigh formality and cost against what is at stake

A higher court is not a stronger claim. Where a matter is heard changes the fees, the formality and the preparation each step requires, and those are set by the court rather than by the parties.

File in the right place the first time

Transfer is possible under the Civil Procedure Act 2005 (NSW), but it costs time. Getting the venue right at the start is worth the time it takes to check.

Common questions

What is the limit for each court?

The Local Court and the District Court each have a monetary limit, and the Local Court’s Small Claims Division has a lower one again. The figures are changed from time to time, so this guide does not print them: the Local Court publishes its limits on its civil jurisdiction page, and the District Court on its jurisdiction page. The Supreme Court’s civil jurisdiction is not capped at an amount, so there is no limit to look up for it.

Can I choose a higher court to make it look serious?

You can sometimes choose between courts, but doing it for effect is an expensive mistake. A more formal court asks more of each step, and a court may take a view about a matter brought somewhere disproportionate to what is in dispute. Choose the venue that fits the dispute.

What if I file in the wrong court?

It is not necessarily fatal. A court can transfer proceedings to another court in the circumstances the Civil Procedure Act 2005 (NSW) provides. A transfer takes time, which is why it is worth checking the limits before filing rather than after.

Do I need a lawyer in the Local Court?

Not necessarily, and the Small Claims Division is designed to be used without one: the Court’s own material says the rules of evidence do not apply there, and that witnesses are not called to give evidence in defended small claims matters unless the court decides otherwise. The formality rises with the size of the claim and with the General Division, and it rises again in the District and Supreme Courts. For a small, clear claim, running it yourself may be the proportionate course.

Is NCAT a court?

No. It is a tribunal, and it is deliberately less formal. It encourages parties to appear without a representative, and whether you may be legally represented generally needs the Tribunal’s leave — with case types where NCAT says you are automatically entitled to it, including retail leases. Its time limits are its own rather than those in the Limitation Act 1969 (NSW).

How long will a civil case take?

It depends on the court, the complexity and whether the matter is defended. The less formal the division, the fewer the steps: the Small Claims Division does not ordinarily call witnesses, while a defended matter in a higher court runs through pleadings, evidence and a hearing. The Local Court notes that the vast majority of civil cases are settled without a court hearing at all. An estimate given before a defence is filed cannot account for how the other side will run the case.

Not sure where it belongs?

Tell us what the dispute is about and how much is involved. Which venue fits depends on the amount, on the relief you are asking for and on the kind of claim, and it is worth settling before anything is filed.