Our Litigation team is experienced in all jurisdictions in which civil litigation takes place, including the Local Court, District Court, Supreme Court, Court of Appeal, and High Court of Australia.
The jurisdiction of civil proceedings is often governed by the monetary threshold of the amount disputed but may also relate to the law on which the claim is based.
Local Court – Small Claims
Small Claims matters in the Local Court involve liquidated claims of less than $10,000. If the claim is less than this threshold, the matter will be determined by an Assessor (rather than a Magistrate) and in most cases, informal practices of evidence are adopted.
The fundamental objective of this jurisdiction is to keep matters efficient, timely and cost effective. We can provide cost effective advice and representation for matters in the small claims division of the local court.
Local Court – General Division
General Division matters in the Local Court involve liquidated claims exceeding $10,000 and up to $100,000. More formal rules of evidence are adopted in the General Division and representation is strongly advised.
There are stringent limitations as to the recovery of costs in the Local Court and as such efficient and experienced representation is essential.
District Court proceedings have a threshold up to $750,000 for the amount claimed. District Court matters are usually more complex than the Local Court.
Our Solicitors frequently attend Sydney District Courts, including Downing Centre District Court and Parramatta District Court.
Supreme Court of New South Wales
For claims exceeding $750,000 proceedings will be in the jurisdiction of the Supreme Court. Representation in such matters is essential and our Solicitors are highly experienced in this jurisdiction.
We provide advice and representation on appeals including reviews of Registrar’s decisions in the Local Court, appeals from the Local Court to the District Court, and appeals to the Court of Appeal.
There are limited grounds for appeal and advice as to the prospects of success of an appeal is essential. In most jurisdictions an appeal must be lodged within 28 days, but time can vary depending on the jurisdiction. It is vital that appeals are lodged within the prescribed time.
High Court of Australia
The High Court is the highest court in Australia and its decisions are final.
To appeal to the High Court from the Court of Criminal Appeal or the Court of Appeal, an applicant must first obtain special permission from the High Court. There is no automatic right to have an appeal heard by the High Court and this means special leave by the demonstration of exceptional reasons must be obtained.
This is a highly complex process and requires merit advice and an experienced legal team. Uther Webster & Evans has highly experienced Solicitors that can assist to provide advice and obtain results.