Civil law covers disputes between people and businesses: unpaid debts, broken contracts, property and neighbour disputes, and claims for money. Here's how civil disputes work in Australia, and the civil lawyers we list in each city.
Civil lawyers by city
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How civil disputes work
Civil disputes are mostly decided by state courts, and which court depends largely on how much money is at stake. Smaller claims go to the Local or Magistrates Court, often through a small claims process. Larger claims go to the District or County Court, and the biggest to the Supreme Court. Some places, including Tasmania and the Northern Territory, have no District Court, so larger claims there go straight to the Supreme Court. Many everyday disputes, like tenancy, consumer and building matters, go to a state tribunal such as NCAT in NSW, VCAT in Victoria or QCAT in Queensland.
Most civil disputes never reach a hearing. They're settled by letters of demand, negotiation or mediation, and that's often where a lawyer adds the most value for the least cost.
Common civil matters
- Debt recovery, whether you're owed money or being chased for it.
- Contract disputes between businesses, or with suppliers and customers.
- Property and neighbour disputes, including fences, trees and easements.
- Defamation, partnership and shareholder disputes.
- Defending a claim made against you.
What to ask before you hire one
- What will this cost to run, and what could I recover? In civil cases the numbers decide whether it's worth fighting.
- Should this go to a tribunal or small claims instead?
- What's the deadline? Make sure the limitation period is checked at the first meeting.
- Who will run the file day to day, and how will they keep you updated on costs?
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Civil lawyers: common questions
Is there a time limit to sue someone?
Yes. Most claims have a limitation period. For contract and debt claims it's generally six years from when the claim arose in most states, but it's three years in the Northern Territory, and other claims have different limits. Once the period has passed you may not be able to bring the claim at all, so get advice early.
Do I need a lawyer for a small claim?
Often not. Small claims and tribunal matters are designed so people can run them themselves, and some tribunals limit or don't allow legal representation. A lawyer is more useful for larger claims, complex contracts, or when the other side has a lawyer.
If I win, does the other side pay my legal costs?
Usually the losing side has to pay part of the winner's legal costs, but rarely all of them. In small claims and many tribunals, each side generally pays its own costs. Ask your lawyer to estimate what you'd recover if you win and what you'd pay if you lose.
Do I have to try to settle before going to court?
In most courts you're expected to make a genuine attempt to resolve the dispute first, and some courts require it before you file. Many disputes settle through negotiation or mediation, which is usually much cheaper than a hearing.
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