Question 1

Which court hears my civil claim in NSW?

Accepted Answer

The court depends on the amount in dispute. The Local Court hears civil claims up to 100,000 dollars, including a Small Claims Division for smaller matters. The District Court hears claims from 100,000 dollars up to 750,000 dollars, and the Supreme Court hears larger and more complex disputes. Choosing the right court affects cost, timing and procedure, so we advise on the correct jurisdiction before commencing proceedings.

Question 2

How do I recover a debt that is owed to me?

Accepted Answer

Debt recovery usually begins with a letter of demand that sets out the amount owed and a deadline to pay. If the debt remains unpaid we can file a Statement of Claim in the appropriate court, and if the debtor does not respond we can seek default judgment and then enforce it through options such as a writ, garnishee order or examination. We tailor the approach to the size of the debt and the debtor's ability to pay.

Question 3

What can I do about a contract dispute?

Accepted Answer

Where a party has failed to perform a contract you may be entitled to remedies including damages, specific performance or termination, depending on the terms and the nature of the breach. Many disputes resolve through negotiation or mediation before a hearing, which can save time and cost. We assess the contract, the evidence and your commercial objectives, then advise on the strongest path to resolution.

Question 4

Who pays the legal costs in a civil case?

Accepted Answer

In NSW civil litigation costs generally follow the event, which means the unsuccessful party is usually ordered to pay a portion of the successful party's costs, though the amount recovered is often less than the actual costs incurred. Costs are at the discretion of the court and can be affected by settlement offers and conduct during the proceedings. We give you a clear costs disclosure at the outset so you understand the likely exposure before you commit to litigation.