Supreme Court of New South Wales:

The Supreme Court of New South Wales is the highest Court forum in the state (appeals can however be made from the Supreme Court to the High Court of Australia). The Supreme Court was established in 1823 and is therefore the oldest Court on the Australian mainland. The Supreme Court has original jurisdiction for all matters that fall within the state of New South Wales (subject to specialist courts and tribunals which may have original jurisdiction in relation to niche areas of legal practice and litigation).

The Supreme Court has trial and appellate jurisdiction. The appellate jurisdiction is comprised of the Court of Appeal and the Court of Criminal Appeal. Civil litigation matters at the trial level fall under the case management systems of either the common law division or the equity division. For more information about the law of equity, see our section on “Equity”.

• Decisions of the Local Court, the New South Wales Civil and NCAT (which until 31 December 2013 will be known as the Consumer, Trader and Tenancy Tribunal) can be appealed to the trial division of the Supreme Court.

• Decisions of the trial division of the Supreme Court, the District Court, the Dust Diseases Tribunal, the Workers Compensation Commission and the Government and Related Employees Appeal Tribunal can all be appealed to the Court of Appeal.

• Criminal matters can be appealed through the Local and District Courts through to the Court of Criminal Appeal. Decisions of the Drug Court and the Land and Environment Court of New South Wales also can be appealed to the Court of Criminal Appeal.

• Determinations of the Court of Appeal and the Court of Criminal Appeal can be appealed to the High Court of Australia.

Both civil litigation and commercial litigation matters are regularly heard by the judges sitting at the Supreme Court. Complex cases are often heard and resolved before the Supreme Court and if litigants are not satisfied with the results, appeals can be made to the High Court itself. This can be a very expensive and time consuming process.

While there are strict rules which outline the conduct of proceedings before the Supreme Court, and while the practice notes issued by the Court stipulate what is required of litigants, it is important to progress a matter as economically and efficiently as possible to keep costs to a minimum. Negotiated outcomes can be the best solution to this, as can the various options available under the principles of alternative dispute resolution.

The Navado Civil and Commercial Litigation team holds extensive experience in litigating Supreme Court matters, for both Plaintiffs and Defendants.

If you have a matter which is before the Supreme Court, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.