What is a Civil Case?

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
• 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.

Going to Court for a Civil Case

All parties in civil cases are encouraged to try and reach an agreement without needing to go to court.

Most civil cases do not have a hearing or need parties to attend court.

Where a defence to a Statement of Claim is filed, the case is listed before the court. What occurs after the defence is filed depends on the division the case will be heard in.

If you want to lodge a defence but a default judgment has been entered, you can apply to have the default judgment set aside. This is done by filing a notice of motion. You should get advice about your defence and what to include in the notice of motion.

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. 

Orders and Judgments

In civil cases, a court can make an order or a judgment, or both. An order is usually made during the case ordering a party to file or serve documents or do other things.

A judgment is the order a magistrate or assessor makes when deciding the case.

A default judgment can be given in cases where there is no defence filed.

If a default judgment has been entered and a defendant wants to file a defence, they can apply to have the default judgment set aside. This is done by filing a notice of motion. You should get legal advice about your defence and what to include in the notice of motion.

Enforcing a Judgment Debt

After a judgment or default judgment is made, the amount to be paid is due immediately. If a defendant does not pay, the judgment amount can be enforced.

For more information about enforcing a judgment, see Enforcing a Judgment Debt or the Legal Aid website.

Further Information

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