The civil litigation process
While every dispute is different, civil litigation in NSW generally follows five stages:
- Assessment and merits. We assess the strength of your claim or defence, confirm the limitation period and the correct court, and advise on prospects and likely costs.
- Pleadings and filing. We prepare and file your statement of claim or defence, setting out the facts, the legal basis, and the remedy you are seeking.
- Discovery and evidence. The parties exchange relevant documents and prepare witness statements and expert reports. The strength of a case usually comes down to what can be proved.
- Mediation and alternative dispute resolution. The parties attempt to settle through mediation or negotiation. Most NSW civil matters resolve at this stage.
- Hearing and enforcement. If the matter does not settle, a judge decides the outcome at a hearing. If you succeed, we enforce the judgment through the available NSW procedures.
Frequently asked questions about civil litigation in NSW
What is the difference between civil and criminal litigation?
Criminal litigation is brought by the state to punish conduct that breaks the law, and can result in fines or imprisonment. Civil litigation is a dispute between individuals or organisations seeking a remedy such as compensation or an injunction, not punishment. Civil cases are decided on the balance of probabilities, a lower standard than the criminal standard of beyond reasonable doubt. Hills Solicitors handle civil matters across Maitland and the Hunter Valley.
Which NSW court will my civil dispute be heard in?
It depends on the value of the claim. The Local Court of NSW hears civil claims up to $100,000 (with a Small Claims Division for matters up to $20,000). The District Court of NSW hears claims from $100,000 up to $750,000. The Supreme Court of NSW hears claims above $750,000 and complex equity matters. Some disputes, such as tenancy and certain consumer claims, are heard at NCAT. Hills Solicitors appear in all NSW jurisdictions.
How long do I have to start a civil claim in NSW?
The Limitation Act 1969 (NSW) sets the time limits. Most contract and negligence claims must be commenced within 6 years, claims on a deed within 12 years, and defamation within 1 year. Personal injury claims have their own shorter limits. Once the limitation period expires, your right to sue is generally lost, so it is important to get advice as soon as a dispute arises.
Do I have to go to court, or can my dispute be settled?
Most civil disputes in NSW settle without a final hearing. The Civil Procedure Act 2005 (NSW) requires parties to take genuine steps to resolve a dispute before and during proceedings, and courts will often order mediation. Negotiation, mediation and other forms of alternative dispute resolution are usually faster and cheaper than a trial. Hills Solicitors prepare every matter properly while pursuing the most cost-effective resolution.
How much does civil litigation cost?
The cost depends on the complexity of the dispute, the court, and whether the matter settles or goes to a hearing. Hills Solicitors provide a written cost agreement under the Legal Profession Uniform Law (NSW) at the outset, and offer a fixed-fee initial consultation so you can understand your position and likely costs before committing. Many disputes resolve at mediation, which keeps costs down.
Can I recover my legal costs if I win a civil case in NSW?
If you succeed, a NSW court can order the other party to pay your costs, but recovery is usually limited to party-party costs, often around 60 to 70 percent of your actual legal costs rather than the full amount. Full (indemnity) costs are only awarded in special circumstances, such as where the other side rejected a reasonable settlement offer. Your solicitor will factor this into your strategy.
What is the difference between civil litigation and commercial litigation?
Civil litigation is the broad category of all non-criminal disputes between parties, including disputes involving individuals such as property, neighbour, debt and personal injury matters. Commercial litigation is the subset that arises specifically from business activity, such as shareholder, partnership and contract disputes between companies. Hills Solicitors handle both. For business disputes, see our commercial litigation service.
What is a tort?
A tort is a civil wrong, other than a breach of contract, that causes loss or harm to another person and gives rise to a legal claim. Common torts include negligence, nuisance, trespass and defamation. If you have suffered loss because of someone else’s wrongful act, you may be able to bring a civil claim in tort. Hills Solicitors can assess whether you have a claim and what remedy may be available.
How long does a civil case take in NSW?
A straightforward Local Court matter may resolve in 6 to 12 months. District Court matters often take 12 to 24 months, and complex Supreme Court matters can take longer. Most cases settle before a final hearing, frequently at mediation. The timeframe depends on the complexity, the court, and how cooperative the other party is. Hills Solicitors work to resolve your matter as efficiently as possible.
Do you offer a fixed-fee initial consultation for civil disputes?
Yes. Hills Solicitors offer a fixed-fee initial consultation so you can discuss your dispute, understand your options, and receive an honest assessment of your prospects before committing to ongoing legal costs. Contact our Maitland office on (02) 4933 5111 to arrange a confidential meeting.
Why choose Hills Solicitors
- Over 130 years in Maitland. Established 1894, we understand the local community and the way disputes tend to play out across the Hunter Valley.
- Experience across NSW courts. Local, District and Supreme Courts of NSW, plus NCAT.
- A practical, resolution-first approach. We assess every dispute against your real objectives and pursue settlement wherever it serves you, while always being ready for a hearing.
- Transparent costs. Written cost agreements under the Legal Profession Uniform Law (NSW) and a fixed-fee initial consultation, so you know where you stand before committing.
- Continuity. The same Hills solicitor runs your matter from first meeting to resolution.
Getting started
If you are facing a civil dispute, or you have been served with a statement of claim, the sooner you get advice the more options you have. Call our Maitland office on (02) 4933 5111 or email admin@hillsol.com.au to arrange a fixed-fee initial consultation with a civil litigation solicitor.
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