Choosing the Right Court - Jurisdiction

Starting your case in the right court is critical because you want the court to be in a position to make the orders sought, and if you are successful you will want to claim costs against the other party. Some of the matters that need to be considered right away include: the type of dispute you are involved in, the amount of compensation sought and whether any particular legislation impacts on the case.

Generally, matters are brought in the Supreme Court if the case involves a claim where more than $750,000 in damages is sought. Other types of claims commonly litigated in the Supreme Court include claims for equitable relief, possession of land and the like. Where a party recovers less than $500,000 and the claim could have been brought in the District Court there may be difficulty in getting costs unless the court considers the course of action was justified.

Matters involving less than $750,000 and more than $100,000 are often litigated in the District Court. The District Court has limited equitable jurisdiction and cannot provide declaratory relief unless specific legislation gives it the power to do so. There may be costs consequences if a matter should have been brought in the Local Court.

Cases that involve less than $100,000 are usually brought in the Local Court. Where the case involves less than $10,000 it may be allocated to the Small Claims Division where proceedings are conducted on the paperwork.

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