AUSTRALIAN COURTS
STARTING A CLAIM IN NSW, AUSTRALIA
When you want to issue proceedings in Australia you will need to decide on the appropriate forum. There are various tribunals and courts in Australia, each with different jurisdictions and powers.
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Jurisdiction - in which court should proceedings be commenced?
tribunals
The NSW Civil and Administrative Tribunal is a one-stop-shop for specialist tribunal services in NSW. It has various divisions dealing with a diverse range of matters including tenancy and lease disputes, building and construction claims, and consumer claims. Generally speaking outcomes are less predictable when compared with Courts.
Local Court - small claims up to $20,000
The Local Court has a small claims division for dealing with claims of up to $20,000 in a quick and efficient manner.
Local Court - claims up to $100,000
Claims of up to $100,000 in value should generally be conducted in the Local Court.
DISTRICT COURT - CLAIMS UP TO $750,000
Claims of up to $750,000 should generally be conducted in the District Court
SUPREME COURT - CLAIMS ABOVE $750,000
The Supreme Court has unlimited jurisdiction under general law and under statute and can also made declaratory relief.
FEDERAL CIRCUIT COURT, FEDERAL COURT & HIGH COURT
In any matters involving Federal / Commonwealth legislation the Federal Court is the appropriate forum. The Federal Circuit Court is the small claims version of the Federal Court.
The High Court is the highest Court in Australia.
