If you’re involved in a legal dispute in NSW, one of the first questions you’ll likely face is: which court should my matter be heard in? Understanding the court system can help you plan ahead, manage expectations, and make informed decisions about how to proceed.
NSW operates an appellate court system. This means courts are arranged in a hierarchy, with lower courts handling less complex matters where smaller sums of money are in dispute. Higher courts deal with more complex matters involving greater sums. Generally, if you want to appeal a decision from a lower court, you do so in the next court up, moving through the hierarchy until you reach Australia’s most superior court: the High Court of Australia.
Here is a summary of which courts deal with which matters, depending on the value of the claim or the nature of the dispute.
The Local Court
The Local Court generally deals with smaller civil money disputes, with an overall cap of $100,000. Within the Local Court, procedures can be more streamlined for the lowest-value matters (commonly referred to as “small claims”), which are intended to be faster and less formal. If the claim is for a modest amount, the Local Court is usually the intended forum, unless a specific statute directs the dispute elsewhere (for example, to a tribunal).
The Local Court also deals with most minor criminal matters.
The District Court
The District Court sits above the Local Court for civil money matters. For most ordinary civil and commercial claims, it commonly deals with matters above $100,000 and up to $1,250,000. That said, there are subject areas where the District Court’s power is not limited by a dollar cap, most notably certain motor accident and work injury damages proceedings.
The District Court is the usual venue for medium-sized civil claims and also deals with serious criminal matters, including jury trials.
The Supreme Court
The Supreme Court has unlimited monetary jurisdiction, so it can hear civil claims for money at any value. It is also the most common forum where a dispute is legally complex or involves remedies beyond a straightforward money judgment, such as injunctions, specific performance, or other equitable relief.
The Supreme Court also deals with serious criminal matters, including criminal appeals from the District Court.
Specialist Courts
Australia also has specialist courts that deal with particular areas of law. These include the Family Court, which handles family law matters; the Children’s Court, which mainly deals with criminal offences alleged to have been committed by minors; and the Drug Court, which oversees criminal offenders who are drug dependent and diverts them to rehabilitation rather than criminal punishment alone.
Not Sure Where Your Matter Belongs?
Understanding which court has jurisdiction over your dispute is an important first step, but it is not always straightforward. The value of your claim, the type of relief you are seeking, and the area of law involved can all affect where your matter should be heard.
If you are unsure about the right path forward, contact our experienced team to discuss your situation. We can help you understand your options and guide you through the process with clarity.
