Local Court Civil (NSW), Magistrates' Court Civil (VIC), Magistrates Court Civil (QLD)

“ In the legal profession the term ‘costs’ refers to the fees and other expenses a practitioner charges a client for their professional services and other payments that arise out of the provision of legal services, including disbursements such as court fees. Costs are one of the most heavily ... ”

“ LawCover – Schedule of limitation periods in civil matters in NSW Court Mentions List – www.mentions.com.au – A list of lawyers currently available for mentions in all NSW courts ”

“ District Court Civil (NSW) Neighbourhood Disputes (NSW) ”

“ Take detailed instructions, using the Local Court Retainer Instructions, so you can assess the situation. 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 ... ”

“ Taking good instructions The use of precedent Retainer Instructions ensures that all important issues are considered, instructions which cannot be contradicted later are recorded, costs discussed and the scope of the retainer clearly defined. ”

“ 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 ... ”

“ In general After you take instructions and before commencing proceedings ensure the Local Court has jurisdiction to hear the claim. ”

“ In conducting civil litigation in the Local Court it is critical to be familiar with the requirements of Local Court Practice Note Civ 1 (‘the Practice Note’). It covers all aspects of procedure. The Standard Directions which will apply to every case are annexed to the Practice Note. ”

“ The regime for dealing with small claims in the Local Court is designed with the idea that parties will be unrepresented. For that reason, lawyers accepting instructions to conduct matters in the Small Claims Division must be fully aware of the strict procedural and costs restrictions and also ... ”

“ As above, there are many practical reasons to try and resolve court proceedings. In any event, many matters settle after commencement of proceedings, and the court does encourage mediation. The precedents also contain terms of settlement and consent orders that can be filed to bring proceedings to ... ”

“ 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 ... ”

“ 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 ... ”

“ If the debtor agrees to pay the claimed amount in full before judgment is entered, a Notice of Discontinuance should be prepared by the debtor and signed by all parties to the proceedings before payment is made. Once payment is made, the debtor will lose leverage, and the creditor may simply refuse ... ”

“ Before commencing proceedings ensure the client receives the following, in writing: costs disclosure, including disbursements for court fees, service, counsel and experts; ”

“ The usual steps for a plaintiff in the General Division are: consider Practice Note Civ 1 – there will be a first call-over within six weeks of a defence being filed and standard directions to be complied with – be ready; ”

“ Part I of Local Court Practice Note Civ 1 provides for protocols and procedure relating to online court (‘OLC’). OLC is is a virtual courtroom, authorised by Schedule 1 to the Electronic Transaction (ECM Courts) Order 2005. It may be used for interlocutory or procedural matters that can be dealt ... ”

“ 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. See paragraph 10 of the Practice Note Civ 1. The ... ”

“ Small Claims Division Concerning transfers of a matter in the Small Claims Division to the General Division of the Local Court, Local Court Rules r 2.3 LCR sets out the circumstances where such a transfer may be appropriate. Also paragraph 9 of Practice Note Civ 1 deals with consolidation with ... ”

“ 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. ”

“ 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: r 29.12(2). ”

“ of causes of action and parties Rule 6.19 provides that two or more persons may be joined as plaintiffs or defendants in any originating process if: ”

“ Reckoning of time The Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 make various stipulations as to time. ”

“ 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). ”

“ 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: ”

“ 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 Procedure Act ... ”

“ The defendant is required to file a defence within 28 days of being served. The defence should clearly establish, by denial or non-admission, what the issues are. Rule 14.26 provides that an allegation of fact made in a pleading is taken to be admitted by the opposite party unless the allegation is ... ”

“ 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). ”

“ 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: any originating process in the Local Court must be served in one of the following ways: ”

“ 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 the ... ”

“ Small Claims Division Unless the rules otherwise provide or the court grants leave, interlocutory applications in small claims proceedings are to be made orally at the Pre-trial Review: r 2.10 Local Court Rules and paragraph 22 Practice Note Civ 1. ”

“ 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. ”

“ The Standard Directions, Annexure A to Practice Note Civ 1, provide that each party shall serve upon all other parties a copy of all their evidence. This is to be served at least four weeks before the review. Evidence is not filed, unless the court directs. ”

“ Small Claims Division On the filing of a defence the proceedings are given a pre-trial review date within six weeks, paragraph 21 of Practice Note Civ 1. ”

“ Effectively there will be three court dates prior to the actual hearing in court: ”

“ Small Claims Division Matters in the Small Claims Division will not be referred to arbitration unless special circumstances exist or the parties consent: r 20.8 and paragraph 8 of Practice Note Civ 1. ”

“ At the second call-over, the court will: Fix a date for trial. Trial dates will be fixed to give effect to the overriding purposes of the Civil Procedure Act 2005 – the just, quick and cheap resolution of the proceedings within the court’s time standards. ”

“ The review is listed about four weeks before the trial date: paragraph 15 Practice Note Civ 1. The parties should have ready the Civil Listing Advice: Annexure B to Practice Note Civ 1. ”

“ Small Claims Division Paragraph 24 of Practice Note Civ 1 deals with the trial in small claims, reinforced by the case management orders contained in Annexure E to the practice note. ”

“ Matters that need attention prior to the hearing date include: ensure that reasonable written notice has been given for the attendance of any deponents of affidavits required to attend for cross-examination; ”

“ Paragraph 18 of Practice Note Civ 1 concerns the vacation of hearing trial date, and states in effect: A party who wishes to vacate a trial must file a notice of motion not less than 21 days prior to the trial date. ”

“ Small Claims Division Paragraph 24 of Practice Note Civ 1 requires, subject to any leave, proceedings will be heard and determined on the basis of the documentary evidence. ”

“ 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 ... ”

“ Part 5 of the Civil Procedure Act and Part 20 Division 2 of the UCPR apply to arbitrations. Currently most matters are fixed for hearing before a nominated arbitrator, who will usually be a local solicitor or even a barrister qualified as an arbitrator. ”

“ Small Claims Division ”

“ 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. ”

“ Small Claims Division Section 37 Local Court Act 2007 provides that, except as provided by the rules, the court sitting in its Small Claims Division has no power to award costs. ”

“ 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. ”

“ When finalising a matter it is important to terminate the retainer. This informs the client in writing that all work on the matter is complete and that no further work will be undertaken unless the firm is otherwise instructed. If the matter is finalised in such a way that the client retains rights ... ”