Home / Practice areas / Civil Litigation
Disputes, and knowing which ones are worth having.
We run civil litigation in the NSW Local, District and Supreme Courts and in NCAT. We also tell clients, regularly, when a claim is not worth the candle.
Civil litigation is what happens when negotiation has run out of road. It is expensive, slow and public, and it is occasionally the only thing that works. Our job is to tell you honestly which of those two situations you are in before you spend a dollar on it.
What we run
We act for individuals, small businesses and companies in disputes across the New South Wales court system and the tribunals, including:
- Contract and commercial disputes. Breach of agreement, misleading conduct under the Australian Consumer Law, disputes over scope, price and performance.
- Debt recovery. Letters of demand, statements of claim, default judgment, garnishee orders, writs for the levy of property, and examination notices.
- Property and neighbour disputes. Easements, boundaries, trees, encroachment, and disputes between co-owners under section 66G of the Conveyancing Act 1919.
- Negligence and damages claims. Where somebody's carelessness has cost you money.
- Urgent applications. Injunctions, freezing orders and caveats, where waiting would defeat the point.
- Mediation and settlement. Most matters end here. We prepare for mediation as though it were a hearing, because that is what makes it work.
Where your matter is heard
Which court you end up in usually turns on how much is at stake:
- NSW Local Court. Claims up to $100,000, with the Small Claims Division handling matters up to $20,000 on a more informal basis.
- NSW District Court. Generally claims up to $750,000.
- NSW Supreme Court. The larger and more complex matters, equity claims, and urgent injunctive relief.
- NCAT. Consumer, tenancy, home building and certain administrative disputes, with no costs orders in most matters below $30,000.
The clock you cannot see
Limitation periods end claims that are otherwise perfectly good. In New South Wales, most contract and tort claims must be commenced within six years of the cause of action accruing under the Limitation Act 1969. Some are shorter. Defamation is one year. Personal injury has its own regime.
Find out your limitation date early. It is the single cheapest piece of legal advice available and the most expensive thing to get wrong.
Costs, said out loud
We give you a costs agreement and disclosure under the Legal Profession Uniform Law before we start, and we scope fixed fees wherever the work is definable: a letter of demand, a statement of claim, a mediation. Where the matter is genuinely open ended, we tell you that too, and we estimate.
Understand also that costs usually follow the event. If you lose, you will often be ordered to pay a portion of the other side's costs as well as your own. That risk is part of the strategy conversation, not a footnote to it.
The way we approach a dispute
We start with your objective, not your outrage. Sometimes the objective is money. Often it is an apology, a variation, a release, or simply being able to move on. Once the objective is on paper, we work backwards: what evidence exists, what the other side's best argument is, what it will cost to get there, and whether a commercial resolution beats the judgment you might win in two years.
Common questions
Civil Litigation, answered.
How long do I have to start a claim in New South Wales?
For most contract and negligence claims the limitation period under the Limitation Act 1969 (NSW) is six years from when the cause of action accrued. Defamation is one year. Other claims have their own periods, and personal injury is treated separately. Because the date can be arguable, get advice as early as you can.
Do I have to go to court to resolve a dispute?
Usually not. The great majority of civil disputes settle, and the courts actively push parties toward mediation. Commencing proceedings and going to a hearing are different things. Filing often changes the other side's appetite for a sensible conversation.
What does civil litigation cost?
It depends on the forum, the complexity and how hard the other side fights. We provide a written costs agreement and disclosure before we act, we fix fees for defined stages where possible, and we estimate the rest. We will also tell you when the likely recovery does not justify the spend.
Can I recover my legal costs if I win?
Often you can recover a portion. In most NSW courts costs follow the event, meaning the losing party pays part of the winner's costs on the ordinary basis, which typically works out well below actual costs. In NCAT, costs orders are the exception rather than the rule.
What is a letter of demand and do I need one?
It is a formal letter setting out the claim and giving a deadline to comply. It is not always required, but it resolves a surprising number of disputes, it demonstrates reasonableness to a court, and it can be relevant to costs later.
Whatever it is, we can figure it out together.
A first conversation costs you nothing. You will speak with Hanna, not a call centre, and you will leave knowing what your options are and roughly what they cost.