Starting a court case in New South Wales can feel daunting. One of the first steps is to identify the type of legal claim in NSW that you are making. This may sound like a technical formality, but it plays a crucial role in filing your matter in the correct court and progressing it under the right rules.
Under the Uniform Civil Procedure Rules (UCPR), every statement of claim or summons must state the nature of the dispute. This is less about the remedy you want, such as damages, possession or an injunction, and more about the subject matter of the proceedings. If you classify your claim correctly, the court directs your case into the right division and, in many cases, into a specialist list that deals with particular types of disputes.
Why the “Type of Claim” Matters
When you file court documents, the category of your claim determines where the court will manage your matter. For example, the court usually directs will disputes to the Probate List and deals with defamation cases in the Defamation List. Specialist lists often have their own procedures, practice notes and timeframes. Choosing the right category at the outset helps avoid delays, additional costs, or even the risk of being in the wrong jurisdiction.
If your dispute does not clearly fall into a listed category, the court can assign it for you. However, making the correct choice from the beginning usually makes the process smoother.
Broad Categories of Claims
The UCPR divides claims into broad subject areas. Administrative law matters generally involve challenges to decisions made by government officials or tribunals. Family and relationship matters can range from adoption applications to disputes between de facto partners about property division.
Commercial disputes fall under mercantile law and cover issues such as contracts, debt recovery, partnerships and consumer protection. Intellectual property claims protect rights in inventions, trade marks and creative works, while corporations law cases cover issues like directors’ duties, shareholder disputes and insolvent trading.
Claims relating to land and property are grouped under real property, while disputes about negligence, trespass, defamation and other wrongful acts fall under torts. Finally, trusts and succession matters include probate applications, will disputes and family provision claims.
Which Court Will Hear My Claim?
The type and value of your claim will usually determine which court is appropriate.
The Supreme Court of NSW deals with complex or high-value disputes and has a number of specialist lists, including Probate, Defamation, Corporations, and Technology and Construction.
The Court of Appeal, as its name suggests, hears appeals from the Supreme Court, District Court and certain tribunals.
The District Court can hear cases up to $750,000 in value, along with all motor vehicle and work injury claims regardless of amount. It also has specialist lists for areas such as construction disputes, professional negligence and property relationships.
The Local Court is the entry point for most smaller disputes. It hears matters up to $60,000, with cases under $20,000 generally directed to the Small Claims Division. Typical examples include unpaid debts, disputes over rent, minor negligence claims and small consumer disputes.
Examples of Common Claims
In practice, claims often fall into familiar categories. Debt recovery is one of the most frequent, covering unpaid invoices, loans or rent. Property disputes may involve disagreements about ownership of land, strata title issues or easements. Personal injury claims often arise from accidents at work, on the road, or in public places. Defamation proceedings are brought where someone’s reputation has been damaged by harmful publications. Estate litigation, such as challenging a will or bringing a family provision claim, is also increasingly common.
Why Legal Advice is Essential
Choosing the right claim type and the right court is not always straightforward. Filing in the wrong jurisdiction or using the wrong originating process can result in wasted time, additional costs, or even the dismissal of your case. Experienced legal advice at the outset can help avoid these pitfalls.
At Jake McKinley, we guide clients through this process every day. From preparing your originating documents, to ensuring your matter is filed in the correct division, to representing you in court, our role is to make the process as clear and efficient as possible.
How We Can Help
Whether you are pursuing a debt, contesting a will, seeking compensation for negligence, or involved in a complex commercial dispute, our team has experience across all types of claims in the Supreme Court, District Court and Local Court of NSW. We will work with you to ensure your matter is filed correctly and progressed efficiently, giving you the best chance of achieving a fair outcome.
Jake McKinley notes that this article is written for the purpose of providing generalised information and not to provide specialised legal advice. If you require qualified legal advice on anything mentioned in this article, our experienced team of solicitors at Jake McKinley are here to help. Please get in touch with us on 02 9232 8033 today to make an enquiry.
