Local Court Matters
In Australia, local courts are the starting point for all criminal cases and the vast majority of civil court cases. They provide a system for dealing with most civil disputes or criminal matters efficiently and at a local level. It is only when the scope of these matters extends beyond a specified level that higher level courts are involved.
Civil Cases vs Criminal Cases
Although most cases begin in a local court, the handling of civil matters vs criminal cases varies. As such, it is important to understand the differences between the two.
Civil cases are legal cases brought by an individual or organisation against another individual or organisation. The majority of these cases are related to money or property damage. Whilst most of the cases involving an organisation are business-related, a civil case can also be brought against the state for violation or rights or damages.
Apprehended Violence Orders (AVO) also fall under the Civil banner as they are typically brought by one individual against another. It is only if an AVO is breached that they become a criminal matter.
Criminal cases, on the other hand, are legal cases where the state (law enforcement) brings criminal charges against a defendant. The defendant is most often an individual who has been accused of committing a crime, however, it can also be an organisation. All criminal cases start in a local court where they are either dealt with directly or raised to a higher court.
Overview of Local Courts
Civil Matters
For civil cases, local courts handle all claims of less than $100,000. Common disputes about money or property can include;
- Disagreements about loan agreements.
- Claims for unpaid bills.
- Damages from car crashes or other motor vehicle accidents.
- Property not being returned.
- Services having been paid for but not supplied and other breach of contract.
The NSW Local Court has two divisions that deal with civil matters. Cases are normally separated into these division based upon the amount of the claim being sought;
- Small Claims Division hearing matters up to $20,000, and;
- General Division hearing matters between $20,000 and $100,000.
The Small Claims Division proceedings tend to be less formal and technical. Typically, the rules of evidence don’t apply (meaning witnesses are not called to give evidence) unless otherwise decided. Pre-trial reviews are also held to help parties to reach an agreement without the need to advance to a hearing.
The purpose of the Small Claims Division is to make court proceeding more efficient, less technical and more cost effective for all parties. These cases, however, have a more limited right of appeal against decisions made by the court.
In comparison, the General Division for civil claims involves proceedings which are more formal. Witnesses attend and are called upon to give evidence. Rulings in these cases are then determined by a Magistrate.
As noted previously, the General Division deals with claims between $20K and $100K. Cases dealing with claims over $100K are heard in either a District Court or the Supreme Court.
It is recommended that you seek legal representation for court matters, especially for the General Division.
AVOs
An Apprehended Violence Order (AVO) is a type of order made by a court to help protect a person from harm. An AVO is taken out against an individual (the defendant). It instructs them not to stalk, harass, threaten, intimidate, assault or otherwise harm another specific person (or people) or their property.
There are two types of AVOs;
- Apprehended Domestic Violence Orders (ADVO). Related to circumstances where a domestic relationship exists between the parties specified in the order.
- Apprehended Personal Violence Orders (APVO). Related to situations where there is no domestic relationship between the parties.
If you are seeking or defending against an AVO we suggest that you seek legal advice and representation.
Appeals
Local Courts can also hear appeals. There are two main circumstances for which a Local Court appeal is heard;
- Appeals against the court’s own decisions. This can include circumstances where a person is convicted in their own absence or against Arbitrator decisions in civil cases.
- Appeals against Roads and Maritime Services (RMS) license-related decisions. This includes decisions about speeding or other driving offenses whether you wish to appeal the offense itself or the severity of the penalty.
Criminal Matters
For criminal matters, local courts typically deal directly with most offences including theft, common assault and drug possession. For more serious offenses a committal hearing is held at the Local Court before being referred to the District or Supreme Court. These include offenses such as armed robbery, sexual assault, murder or serious drug offenses.
For all criminal matters it is highly recommended that you seek professional legal representation.
Where are the Local Courts in Sydney and Surrounds
There are numerous local courts located throughout Sydney and NSW.
GP Legal are Sydney Northern Beaches solicitors. We frequently deal with court cases at the Manly Local Court, the Downing Centre courts in central Sydney as well as other courts in the greater Sydney area and Central Coast.
Contact us for legal advice and representation for any local court matters.