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Local Court Civil

NSW

This publication guides practitioners through the conduct of civil proceedings in the Local Court of New South Wales.

6 Matter Plans

Overview

The Local Court Civil commentaries cover key topics including the pre-action protocol and practice direction, settlement, initiating and responding to proceedings, default and summary judgment, case management, disclosure, and trial in the General and Small Claims divisions of the New South Wales Local Court.

The Enforcement guide covers examination notices, payment by instalments, garnishee orders, writs, charging orders, enforcement of foreign and interstate judgements and enforcing Australian judgments overseas.

The Apprehended Violence Order guide covers applying for an order, negotiating, varying and opposing an order and appeals.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Also included is 101 Subpoena Answers, which is a useful reference guide.

Precedents in this publication include:

  • Library of letters of demand and example response to letter of demand;
  • Example offer of compromise and Calderbank offer;
  • Library of example consent orders;
  • Library of events for initiating application;
  • Example content for:
    • substituted service, amending the initiating application, and seeking injunctive relief;
    • defence, cross claim, summary judgment, summary dismissal, consolidation, security for costs, default judgment, and notice of discontinuance;
    • interrogatories, and content for setting aside subpoenas and notices to produce;
    • consent orders, terms of settlement, and deeds of release.
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6 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Local Court Civil (NSW) - Acting for the Plaintiff
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Folder icon Demonstrating the use of precedents
      • Item icon Demonstrating the Use of Precedents
        To demonstrate the range of precedents available in the guide and to illustrate how they can be adapted to a particular matter, one set of precedents are based on a set of facts in a debt recovery that escalates when a cross-claim is brought alleging a course of conduct between the parties and a ...

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      • Item icon Demonstration - Letter of demand
      • Item icon Demonstration - Response to letter of demand
      • Item icon Demonstration - Pleadings and particulars
      • Item icon Demonstration - Request for further and better particulars
      • Item icon Demonstration - Defence
      • Item icon Demonstration - Affidavit of defendant
      • Item icon Demonstration - Cross-claim or counterclaim
      • Item icon Demonstration - Defence to cross claim or counterclaim
      • Item icon Demonstration - Calderbank offer
      • Item icon Demonstration - ADR order - Referral to mediation
      • Item icon Demonstration - Mediation position paper - Plaintiff
      • Item icon Demonstration - Mediation position paper - Defendant
      • Item icon Demonstration - Consent orders
      • Item icon Demonstration - Deed of release - Settlement of proceedings
    • Item icon Further information
  • Item icon Overview and limitation periods
    The NSW Local Court has two divisions to determine civil cases:

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  • Item icon Summary of the process
    The usual steps in acting for a plaintiff in the General Division are:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Local Court civil
    • Item icon To do list - Civil - Acting for the plaintiff
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Civil litigation
    • Item icon Retainer instructions - Debt collection
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing costs agreement explaining debt collection process
    • Item icon Initial letter to client enclosing costs agreement and advising on mediation
    • Item icon Costs agreement - NSW
    • Item icon Conditional costs agreement - NSW
    • Item icon Conditional costs agreement - Uplift fee - NSW
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Advising the client
      Because going to court can involve the client in significant costs, the first consideration is whether the problem can be solved in another way – perhaps by negotiation or mediation, or issuing a statutory demand to a corporate debtor, for example. The best outcome for the client will rarely ...

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    • Item icon Jurisdiction
      In general As a threshold issue, ensure the Local Court has jurisdiction to hear the claim.

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    • Item icon Local Court Practice Note Civ 1
      Local Court Practice Note Civ 1 covers all aspects of civil procedure, and applies to all civil cases before the court. It includes the following annexures:

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    • Item icon Small Claims Division
      The regime for dealing with small claims in the Local Court is designed for unrepresented parties. For that reason, lawyers accepting instructions to conduct matters in the Small Claims Division must be aware of the strict procedural and costs restrictions, and also ensure their clients are aware. ...

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    • Folder icon If required - Application proceedings
      • Item icon Application proceedings
        The Local Court has jurisdiction to hear various claims brought pursuant to a number of Acts and statutory instruments and to make orders under them. This can be a confusing area, as the application procedure is used for what appear to be statutory applications that do not have the flavour of the ...

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      • Item icon Application to the Local Court - general
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Confidentiality deed
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Settling the matter
    • Item icon Settling the matter
      Parties can agree to a settlement before or after proceedings are commenced. If there is agreement before proceedings, the parties can enter into terms of settlement that incorporate their agreement. Such terms might provide for payment of a sum in satisfaction of a debt, or for damages, or for a ...

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    • Item icon Letters of demand
      Letters of demand are almost always issued prior to commencing proceedings. The exception might be where a potential plaintiff believes there is urgency for some reason, such as the imminent expiry of a limitation period, and proceedings therefore cannot be delayed. Even then, a letter of demand ...

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    • Folder icon Letters of demand
      • Item icon Standard letter of demand
      • Item icon Letter of demand with originating motion
      • Item icon Letter of demand to guarantor
      • Item icon Letter to client enclosing copy letter of demand
      • Item icon Letter to defendant chasing instalments
      • Item icon Letter to other side to cease and desist
    • Item icon Letter to other side to cease and desist
    • Item icon Creditors Statutory Demand for Payment of Debt
    • Item icon Affidavit Accompanying Statutory Demand
    • Item icon Letter to other side proposing settlement conference
    • Item icon Guidelines for preparing terms of settlement or consent orders
    • Item icon Example content - Terms of settlement
    • Item icon Consent judgment or consent order
    • Folder icon Library of consent orders
      • Item icon Clause - Consent orders for acceptance of lesser sum
      • Item icon Clause - Consent orders for judgment notation of agreement
      • Item icon Clause - Consent orders for proceedings to be dismissed with no order as to costs
      • Item icon Clause - Consent orders judgment in favour of one party
      • Item icon Clause - Consent orders payment inclusive of costs
    • Item icon Example content - Mediation position paper - Plaintiff
    • Item icon Example deed of release after letter of demand
    • Item icon Offers of compromise
      Offers of compromise – Calderbank offers v Rule offers A client needs to be made aware, even before proceedings are commenced that they should consider making such offers at any stage of the proceedings, and even repeated offers. In addition, the client may receive offers from the other side which ...

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    • Item icon General form
    • Item icon Letter to other side with offer under the rules
    • Item icon Letter to other side with Calderbank offer
    • Item icon Irrevocable authority
    • Item icon Example deed of release - Settlement of proceedings
    • Item icon Undertaking for purpose of court approval of settlement
    • Item icon Costs disclosure before settlement
      See 101 Costs Answers for more information on costs disclosure generally. In litigation matters, the lawyer’s disclosure obligation extends to giving the client a reasonable estimate of the costs that will be payable if the matter is settled, including any costs of another party that are likely to ...

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    • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
  • Folder icon C. Going to court
    • Item icon Electronic case management
      This enables online lodgement of forms and other documents, and communications with the court. Electronic case management (ECM) provisions affecting the Local Court:

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    • Item icon Parties
      Identity and capacity of parties Any natural person may commence and carry on proceedings: r 7.1(1) UCPR. A natural person does not require representation but may be represented by a solicitor: r 7.24.

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    • Item icon Death of a party before judgment
      If a party dies after the verdict or finding on the questions of fact, the court may give judgment, and judgment may be entered, despite the death. However, subrule (1) does not limit the court’s power to make orders for the joinder, removal, or re-arrangement of parties under Part 6: ...

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    • Folder icon If required - Parties
      • Item icon Notice of motion
      • Item icon Affidavit
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Clause - Affidavit by director authority to commence proceedings
      • Item icon Clause - Affidavit of authorised officer authority to commence proceedings
      • Item icon Clause - Affidavit of consent to be joined as a plaintiff
      • Item icon Notice of change of address for service
      • Item icon Consent to act as tutor
    • Item icon Brief to counsel - Civil
    • Item icon Example content - Brief to counsel - Civil
    • Item icon Time
      Reckoning of time The Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 make various stipulations as to time.

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  • Folder icon D. Pleadings, filing and service
    • Item icon Statement of claim
      Commence the proceedings by filing a Statement of Claim, the originating process, and at least two copies in the registry of the Local Court: r 6.2(1). Rule 4.10 deals with filing. A pleading is taken to have been filed when it is lodged for filing. Rule 4.11 requires the court to ...

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    • Item icon Pleading the claim
      There is little formal assistance in the UCPR as to how to draft a Statement of Claim. The most important rule is r 14.7, which states:

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    • Item icon Interest and costs
      When a plaintiff or cross-claimant issues a statement of claim and is successful they are entitled to claim interest to the date of judgment calculated in accordance with r 36.7: s 100 Civil Procedure Act 2005. The prescribed rate at which interest is payable under s 100 of the Civil ...

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    • Item icon Defence and request for particulars
      The defendant has 28 days from the date of service to file a defence. The parties can agree to extend this period, in the sense that the plaintiff can agree not to seek default judgment while, for example, further and better particulars of the claim are requested and supplied. In many matters ...

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    • Item icon Venue
      Unless the court orders otherwise, the venue where the proceedings will be heard is that specified by the plaintiff in the originating process. However, the court has the power under r 8.2 to direct the transfer of the proceedings to another venue. The defendant must file any notice of motion ...

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    • Item icon Transfer of proceedings
      Proceedings can be transferred from the Local Court to either the District Court or Supreme Court pursuant to s 140 of the Civil Procedure Act 2005. It may be necessary to transfer proceedings where the Local Court’s monetary limit is exceeded by more than 20%. This most commonly occurs when a ...

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    • Item icon Reply
      In the Local Court a plaintiff requires leave to file a reply to a defence in the General Division: r 14.4(2). Any reply must be filed within 14 days after the service of the defence: r 14.4(3). A reply should only be filed when there is a fact or issue asserted in the defence that the ...

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    • Item icon Statement of claim - filing party legally represented
    • Item icon Statement of claim - No verification
    • Folder icon Library of pleadings and particulars
      • Item icon Clause - Pleadings and particulars - Common money counts
      • Item icon Clause - Pleadings and particulars - Against company debtor director guarantor
      • Item icon Clause - Pleadings and particulars - For goods sold and delivered
      • Item icon Clause - Pleadings and particulars - Misrepresentation under s 18 of the Australian Consumer Law
      • Item icon Clause - Pleadings and particulars - Money lent
      • Item icon Clause - Pleadings and particulars - Recover money paid under mistake of fact
      • Item icon Clause - Pleadings and particulars - Solicitor's costs - Debt recovery
    • Item icon Letter to court with statement of claim
    • Item icon Letter to client advising statement of claim filed
    • Item icon Service
      The general requirement for service of originating process is that it must be served personally, although specifically for the Local Court there are provisions in r 10.20(2)(b) that:

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    • Item icon Letter instructing process server
    • Item icon Letter serving process at registered office of a company
    • Item icon Affidavit of service
    • Item icon Service in another state or territory
      Where process is to be served outside NSW and in another state, service must be effected pursuant to the Service and Execution of Process Act 1992 (Cth). Compliance with the provisions of the Service and Execution of Process Act 1992 is essential, particularly s 16 which requires attachment of ...

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    • Folder icon Service and Execution of Process
      • Item icon Notice when serving initiating process in civil proceedings
      • Item icon Notice when serving subpoena
      • Item icon Notice when serving subpoena addressed to person in prison
      • Item icon Notice when serving initiating process in tribunal proceedings
      • Item icon Notice when serving tribunal subpoena
      • Item icon TEST FWC Application
      • Item icon Notice when serving tribunal subpoena addressed to person in prison
    • Folder icon If required - Substituted service
      • Item icon Substituted service
        Rule 10.14 of the UCPR applies. If substituted service is necessary because the defendant cannot be served, applications are made in the registry to the duty registrar. Any application for substituted service must be supported by affidavits setting out the steps taken to effect service and a ...

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion - Order for substituted service
      • Item icon Affidavit
      • Item icon Clause - Affidavit by plaintiff in support of substituted service
      • Item icon Clause - Affidavit by solicitor in support of substituted service
    • Folder icon If required - Defending cross claims
      • Item icon Cross-claims by the defendant
        A defendant is entitled to bring any cross-claim against the plaintiff whether or not it arises out of the same facts and circumstances as the plaintiff’s claim: s 22 Civil Procedure Act 2005 and r 9.8. A defendant can also bring cross-claims against third parties where the relief claimed ...

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      • Item icon Defending the cross-claim
        File a defence to any cross-claim within 28 days and serve it on the defendant or their solicitors. If further and better particulars of the cross-claim are required, make the request promptly and ask for additional time to file the defence after receiving them.

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      • Item icon Defence
      • Item icon Example content - Defence to cross claim
      • Item icon Letter to defendant's solicitor serving defence to cross-claim
    • Folder icon If required - Amendment
      • Item icon Amendment
        At an early stage of the proceedings the most easily accessible provision to enable amendment of the statement of claim is r 19.1, which generally permits one amendment to a statement of claim within 28 days after filing. This applies even if a defence has been filed. Amendment at this stage ...

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      • Item icon Statement of claim - filing party legally represented
      • Item icon Clause - Amended statement of claim
      • Item icon Notice of motion
      • Item icon Affidavit
  • Folder icon E. Interlocutory applications
    • Item icon Interlocutory applications
      An interlocutory application is for any order or judgment before the final determination of the proceedings. Applications are made by Notice of motion which must be supported by affidavit evidence and be filed and served on each person affected by the motion: r 18.2. This must occur at least ...

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    • Item icon Security for costs
      Where applicable, clients should be made aware that the defendant may apply for the plaintiff to provide security for costs. Security for costs is available under r 42.21 and also under s 1335 of the Corporations Act 2001.

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    • Folder icon If required - Default judgment
      • Item icon Entry of default judgment
        In liquidated and unliquidated claims a plaintiff can, where the statement of claim is validly served and no defence is entered within 28 days of service, and after the 28-day period has expired, enter default judgment: r 16.3(1). In a liquidated claim judgment is entered for the amount of the ...

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      • Item icon Letter to defendant warning of entry of default judgment
      • Item icon Notice of motion - Default judgment for liquidated claim
      • Item icon Judgment or order
      • Item icon Affidavit of service
      • Item icon Letter to court for default judgment
      • Item icon Letter to client advising judgment entered
      • Item icon Letter to defendant advising judgment entered
    • Folder icon If required - Summary judgment
      • Item icon Summary judgment
        Summary judgment is available to a plaintiff in circumstances where the defence filed is not sustainable. The test is that the claim must be so obviously untenable that it cannot possibly succeed, manifestly groundless and so manifestly faulty that it does not admit of argument: General Steel ...

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for summary judgment
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Summary judgment
    • Folder icon If required - Summary dismissal - Strike out defence
      • Item icon Striking out
        Whilst r 13.4 seems to be more relevant to a situation where a defendant seeks to have the plaintiff’s proceedings dismissed, it may have some application as a basis for a plaintiff’s attack on a defence. These are applications which place some difficulty on the defendant to establish the ...

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for summary dismissal
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Summary dismissal
    • Folder icon If required - Separate decision of questions
      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for separate determination
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support of notice of motion
  • Folder icon F. Gathering and exchanging evidence
    • Item icon Evidence
      The court's Standard Directions, Annexure A to Practice Note Civ 1, provide that each party serve upon all other parties a copy of all their evidence at least 4 weeks before the review. Evidence is not filed unless the court directs.

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    • Folder icon If required - Discovery
      • Item icon Discovery
        Paragraph 29 of Practice Note Civ 1 provides a restrictive regime for discovery of documents:

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for order for disclosure
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Order for disclosure
      • Item icon Notice to produce for inspection
    • Folder icon Affidavits, annexures and exhibits
      • Item icon Affidavits
        Affidavits must comply with the rules and with the Evidence Act 1995. If they do not, objections will be taken to them and they may be inadmissible in the proceedings. Part 35 of the UCPR sets out the requirements for affidavits.

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      • Item icon Affidavit
      • Item icon Annexure certificate
      • Item icon Exhibit certificate
      • Item icon Agreed list of exhibits
        Assuming that an order has been made at the first call-over, an agreed list of exhibits, page numbered and indexed, should be available at the hearing. An agreed list of exhibits is a list of the documents the parties intend to rely upon at the hearing. The list will include annexures and exhibits ...

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      • Item icon Agreed list of exhibits
    • Folder icon Subpoenas and notices to produce
      • Item icon Subpoenas and notices to produce at hearing
        The relevant rules are Part 33 of the UCPR for subpoenas and Part 34 for notices to produce at hearing. A notice to produce is similar in effect to a subpoena to produce, but only available between the parties. Under r 7.3 leave is required for the court to issue a subpoena if:

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      • Item icon Subpoena to produce with subpoena notice and declaration
      • Item icon Subpoena to attend to give evidence
      • Item icon Subpoena to attend to give evidence and to produce with subpoena notice and declaration
      • Item icon Request for removal of subpoenaed documents
      • Item icon Notice to produce to court
      • Item icon Notice to produce for inspection
      • Item icon Notice of motion
      • Item icon Clause - Notice of motion to set aside subpoena
      • Item icon Clause - Notice of motion to set aside notice to produce
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Set aside subpoena or notice to produce
      • Item icon NSW Subpoena Response – NSW Courts
    • Folder icon If required - Notices to admit facts and authenticity of documents
      • Item icon Notices to admit facts and authenticity of documents
        The procedure under Part 17 of the UCPR allows a party to issue a notice requiring the other party to admit material facts and the authenticity of documents. The procedure is designed to limit the issues in dispute at hearing and reduce disputes about the admissibility of documents.

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      • Item icon Notice to admit facts and authenticity of documents
      • Item icon Notice disputing facts and authenticity of documents
    • Folder icon If required - Witnesses
      • Item icon Expert witnesses
        Rule 31.21 of the Uniform Civil Procedure Rules requires expert witness’ evidence in chief to be given by tender of reports. Rule 31.23 requires an expert witness to comply with the Expert Witness Code of Conduct set out in Schedule 7 to the UCPR.

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      • Item icon Plaintiff letter instructing expert witness
      • Item icon Letter instructing single expert witness
      • Item icon Expert witness code of conduct
      • Item icon Clause - Affidavit of expert witness annexing report
      • Item icon Letter to other side serving expert report
      • Item icon Clause - Affidavit of assessor
      • Item icon Clause - Affidavit of repairer
      • Item icon Application for witness to give evidence via audio visual link or telephone (Attachment D)
      • Item icon Application for witness to give evidence via audio visual link or telephone (Attachment C)
      • Item icon Witness statements
        Rule 31.4 provides that the court may direct a party to serve on each other active party a written statement of the oral evidence they intend to adduce in chief on any questions of fact to be decided at any hearing. The general approach at the hearing where witness statements are relied on, in ...

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      • Item icon Affidavit
      • Item icon Plaintiff witness statement - General division
    • Folder icon If required - Interpreter
      • Item icon Interpreters
        Division 3 of Part 31 of the UCPR sets out the rules concerning interpreters. The interpreter must adhere to the Court Interpreters’ Code of Conduct, which is set out in Schedule 7A of the UCPR. A copy needs to be given to the interpreter as soon as possible after they have been engaged ...

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      • Item icon Letter to interpreter enclosing code of conduct
      • Item icon Court Interpreters’ Code of Conduct
      • Item icon Affidavit
      • Item icon Witness statement
  • Folder icon G. After a defence has been filed
    • Item icon After a defence has been filed
      There will usually be three court dates before the hearing:

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    • Item icon Small Claims Division procedure
      On the filing of a defence, the proceedings are given a pre-trial review date within 6 weeks: paragraph 23 of Practice Note Civ 1. For the pre-trial review, consider the matters required to complete the Pre-trial Review Sheet, Annexure D to Practice Note Civ 1.

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    • Item icon General Division procedure
      First call-over Within 6 weeks of the defence being filed the proceedings will be given a first call-over, at which:

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    • Item icon First call-over
      Within 6 weeks of the defence being filed the proceedings will be given a first call-over, at which:

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    • Item icon Second call-over
      If required, the second call-over will be held within 28 days of the first call-over: paragraph 14 of Practice Note Civ 1. The court will:

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    • Item icon Review date
      The review is listed about 4 weeks before the trial date: paragraph 15 of Practice Note Civ 1. The parties should have prepared the Civil Listing Advice: Annexure B to Practice Note Civ 1.

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    • Item icon Civil listing advice
    • Item icon Pre-trial review sheet (Annexure C)
    • Item icon Mediation and arbitration
      Paragraph 8 of Practice Note Civ 1 provides for alternate dispute resolution including:

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    • Item icon Letter to plaintiff advising on alternative dispute resolution
    • Item icon Example content - Mediation position paper - Plaintiff
  • Folder icon H. The hearing
    • Item icon The hearing
      Preparation Matters that need attention prior to the hearing include:

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    • Item icon Preparation
      Matters that need attention prior to the hearing include:

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    • Item icon Vacation of the trial date
      Paragraph 18 of Practice Note Civ 1 concerns the vacation of hearing trial date, and states in effect:

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    • Item icon Procedure at hearing
      General division The procedure under the Standard Directions, Annexure A to Practice Note Civ 1, is for written statements or affidavits to be served between the parties – at least 4 weeks before the review date. A party must serve copies of any exhibits to affidavits with their ...

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    • Item icon List of documents
    • Item icon Agreed list of exhibits
    • Item icon Schedule of medical and expert reports
    • Item icon Court book
      A court book is an indexed collection of documents that the parties will rely on during the hearing. A court book ordinarily includes all originating process, pleadings and evidence, and leaves out any irrelevant documents, even if they were disclosed in the proceedings. Whilst there is no ...

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    • Item icon Local Court - Court book cover page
    • Item icon Local Court - Court book index
    • Item icon Arbitration hearings
      Part 5 of the Civil Procedure Act and Division 2 of Part 20 of the UCPR apply to arbitrations. Most matters are fixed for hearing before a nominated arbitrator, who will usually be a local solicitor or a barrister qualified as an arbitrator.

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    • Item icon Letter advising client proceedings have been referred to arbitration
    • Item icon Summary of the case
    • Item icon Statement of issues
    • Item icon Application proceedings
      The Local Court has jurisdiction to hear various claims brought pursuant to a number of Acts and statutory instruments and to make orders under them. This can be a confusing area, as the application procedure is used for what appear to be statutory applications that do not have the flavour of the ...

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    • Item icon Notice of motion - rehearing after arbitration
    • Item icon Clause - Notice of motion - Rehearing after arbitration
    • Item icon Recording of proceedings
      The Local Court is a court of record, s 7 of the Local Court Act 2007, so a transcript of proceedings must be kept and is available for the purposes of appeal. This includes evidence in application proceedings.

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    • Item icon Brief to counsel - Civil
    • Item icon Example content - Brief to counsel - Civil
    • Folder icon If required - Discontinuance of proceedings
      • Item icon Discontinuance of proceedings
        Proceedings may be discontinued by the plaintiff with the consent of each other active party, r 12.1(1)(a) or with leave, r 12.1(1)(b). Any grant of leave will be on terms with costs usually ordered to be paid by the discontinuing party, form 33. In any proceedings discontinued pursuant ...

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      • Item icon Notice of discontinuance
      • Item icon Letter to court with notice of discontinuance
      • Item icon Letter to judgment debtor when final payment received
      • Item icon Letter to judgment debtor enclosing copy of notice of discontinuance
  • Folder icon I. Costs
    • Item icon Costs
      There are a number of basic principles in relation to the awarding of costs. The first is that costs are in the discretion of the court. This means the court has power to determine by whom, to whom and to what extent costs are to be paid, and whether costs are to be awarded on the ordinary basis or ...

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    • Item icon Costs disclosure before settlement
      See 101 Costs Answers for more information on costs disclosure generally. In litigation matters, the lawyer’s disclosure obligation extends to giving the client a reasonable estimate of the costs that will be payable if the matter is settled, including any costs of another party that are likely to ...

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    • Item icon Notice of motion
    • Item icon Clause - Notice of motion for order of maximum costs
    • Item icon Affidavit
  • Folder icon J. If required - Appeals from the local court
    • Item icon Appeals from the Local Court
      Appeals from the Local Court General Division are direct to the Supreme Court, single justice, either as of right or with leave, discussed below. Appeals from the Local Court Small Claims Division are to the District Court, but only on very limited grounds, discussed below.

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    • Folder icon Appeals to the District or Supreme Court
      • Item icon Notice of contention (Parts 49 or 50)
      • Item icon Affidavit
    • Folder icon Appeals to the Court of Appeal
      • Item icon Application for leave to appeal
      • Item icon Notice of intention to appeal
      • Item icon Summons seeking leave to appeal
      • Item icon Notice of appeal
  • Folder icon K. Finalising the matter
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice incorporating notification of client's rights - NSW
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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