February 20, 2023

Which court should I start my case?


Which court should I start my case?

If you have a legal dispute in New South Wales, it’s essential to know which court has jurisdiction to hear your case. The court you choose will depend on several factors, including the nature of your claim, the amount of money involved, and the state or territory where the contract was undertaken.

There are two separate sets of courts in Australia: federal courts and state and territory courts. This article focuses on the NSW court system for civil claims, which consists of three separate courts: the local court, the district court, and the supreme court.

1. Claims up to $100,000:

If your claim is less than $100,000, you can file the case in the NSW Local Court. The Local Court has two divisions: the Small Claims Division and the General Division. The Small Claims Division deals with claims and debts up to $20,000, while the General Division hears claims over $20,000 (up to $100,000). Proceedings in the Small Claims Division are less formal, and witnesses are not usually called unless the court decides otherwise. In contrast, proceedings in the General Division are more formal, and witnesses attend and give evidence in the court hearing.

2. Claims between $100,001 and $750,000:

For claims between $100,001 and $750,000, you should file the case in the NSW District Court, which is the intermediate court in the judicial hierarchy in NSW. The District Court deals with motor accident cases, irrespective of the amount claimed, other claims from $100,001 to a maximum of $750,000, and claims exceeding $750,000 if the parties consent. Compared to the Supreme Court, the filing costs in the District Court are lower. It may be preferable to start the case in the District Court and then appeal to the Supreme Court if you are dissatisfied with the decision.

3. Claims exceeding $750,000:

If your claim exceeds $750,000, the appropriate court to file the case is the NSW Supreme Court. Some potential benefits of choosing the Supreme Court include:

  • Expertise: The judges in the Supreme Court are highly experienced in complex legal matters, making it a suitable forum for cases that involve intricate legal issues.
  • Jurisdiction: The Supreme Court has a wide jurisdiction, including disputes related to commercial, equity, and administrative law, making it a suitable forum for a broad range of legal disputes.
  • Precedent: The decisions of the Supreme Court can set important legal precedents that can influence future cases and shape the law in New South Wales.

Biz Lawyers & Advisory is a law firm with extensive experience and expertise in litigation matters. We have a team of lawyers who specialize in various areas of law, including commercial disputes, insolvency, and property law, among others. Our lawyers have a wealth of knowledge and skills to help you achieve the best possible outcome for your case.

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Website: https://bizlawyers.com.au/services/wills-a.html

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