Understanding which court handles your legal matter can be one of the first questions people face when a dispute arises or charges are laid. In New South Wales, the court system operates as a hierarchy, with each level designed to handle matters of different complexity and value. Knowing where your matter fits can help you prepare for what lies ahead.

How the NSW Court Hierarchy Works

NSW has 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 the most superior court: the High Court of Australia.

Below is a summary of which courts deal with which matters, depending on the amount of money in dispute or the value of the claim.

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 generally 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. This is also the most common forum where a dispute is legally complex or involves remedies beyond a straightforward money judgment, such as equitable relief, including injunctions, specific performance, or other complex 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 deals with family law matters.
• The Children’s Court, which mainly deals with criminal offences alleged to have been committed by minors.
• The Drug Court, which is set up to oversee criminal offenders who are drug dependent and are diverted to rehabilitation rather than solely criminal punishment.

Need Help Understanding Where Your Matter Fits?

With more than 40 years of experience representing clients across all levels of the NSW court system, our team can help you understand your options and guide you through the process. If you are facing a legal matter and are unsure which court applies to your situation, contact our experienced team to discuss your circumstances.