The Act establishes and organises the Local Court of NSW as a court of record, sets its governance (judges, registrars, administration), defines its civil, criminal and special jurisdictions, and prescribes procedures, appeals, contempt powers and transitional arrangements from the prior law.
It affects litigants, judges and court staff, legal representatives and government bodies. It matters because it determines who decides local disputes, where and how cases are heard and enforced, shaping forum choice, litigation costs and courtroom conduct.
The Local Court Act 2007 (LCA 2007) constitutes the Local Court of New South Wales as a court of record (s 7(1)) and delineates its jurisdiction, structure, procedure and administration. At its core, the Act replaces the fragmented system under the repealed Local Courts Act 1982 (LCA 1982) with a single statewide court exercising civil, special and criminal jurisdiction (s 9).
In civil jurisdiction (Part 3), the Court determines money claims (defined in s 29A) up to $100,000 in the General Division or $20,000 in the Small Claims Division, together with claims for detained goods (s 30). A lower $60,000 limit applies to personal injury or death claims (s 29(2)). The Small Claims Division operates informally: rules of evidence do not apply (s 35(3)), cross-examination is restricted (s 35(4)), and Judges or Assessors must endeavour to conciliate settlements before giving judgment (s 36). Specific jurisdiction is conferred over company title home unit disputes (s 34A), allowing orders for injunctions, damages, declarations as to constitutions or contracts, but not exceeding the relevant monetary limit.
The special jurisdiction (Part 4) captures proceedings conferred by other Acts that are neither criminal nor Part 3 civil matters (s 44). Proceedings commence by application notice (s 45), with detailed rules for service, time limits (generally six years under s 51), hearings in open court (s 54), representation (s 57), evidence on oath (s 59), and enforcement (ss 68-69). The Court may stay proceedings (s 64), issue arrest warrants (s 65), and award costs at discretion (s 69).
Criminal jurisdiction is conferred by reference to other laws (s 9(c)), with "criminal proceedings" exhaustively defined in s 3(1) to include summary hearings, committals, bail, sentencing and certain reviews under the , but excluding forensic procedures, child protection prohibition orders, law enforcement powers applications, offender registration orders and certain fisheries appeals.
Current sections
Direct links to the current provisions in Local Court Act 2007.
s 3: Am 2007 No 87, Sch 4.4; 2007 No 92, Sch 4.11 [1] [2]; 2009 No 114, Sch 2.3; 2010 No 135, Sch 15 [1]; 2015 No 58, Sch 3.56 [1]; 2018 No 87, Sch 2.6 [1]; 2025 No 61, Sch 1[2]–[4].
4
Regulations
4 Regulations
4 Regulations
(cf LCA 1982, section 28)
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Part 2
The Local Court of New South Wales
Part 2 The Local Court of New South Wales
Part 2 The Local Court of New South Wales
Division 1
Constitution and jurisdiction
Division 1 Constitution and jurisdiction
Division 1 Constitution and jurisdiction
7
Constitution of the Court
7 Constitution of the Court
7 Constitution of the Court
(cf LCA, sections 6, 8A and 8B)
(1) There is constituted by this Act a court of record to be known as the Local Court of New South Wales.
(2) There is to be a seal of the Court and any document that is required by or under this Act or any other Act or law to be sealed or stamped with the seal of the Court is to be so sealed or stamped.
8
Single Judge to constitute the Court
8 Single Judge to constitute the Court
8 Single Judge to constitute the Court
(cf LCA 1982, section 8)
Except as may be otherwise provided by or under this Act or any other Act or law, all proceedings in the Court, including all business arising out of any such proceedings, are to be heard and determined by a Judge, who is to constitute the Court.
s 8: Am 2025 No 61, Sch 1[3].
9
Jurisdiction
9 Jurisdiction
9 Jurisdiction
(cf LCA 1982, section 7)
The Court has—
(a) a civil jurisdiction consisting of the jurisdiction conferred on it by Part 3, and
(b) a special jurisdiction consisting of the jurisdiction conferred on it by or under any other Act or law with respect to proceedings to which Part 4 applies, and
(c) a criminal jurisdiction consisting of the jurisdiction conferred on it by or under any other Act or law with respect to criminal proceedings.
10
Divisions of the Court
10 Divisions of the Court
10 Divisions of the Court
(cf LCA 1982, section 7A)
For the purpose of exercising its civil jurisdiction, the Court is divided into—
(a) the General Division, and
(b) the Small Claims Division.
11
State-wide jurisdiction
11 State-wide jurisdiction
11 State-wide jurisdiction
(cf LCA 1982, section 17)
The Court, wherever sitting, has jurisdiction throughout the whole of New South Wales.
Division 2
Judges
Division 2 Judges
Division 2 Judges
pt 2, div 2, hdg: Am 2025 No 61, Sch 1[5].
12
Composition of the Court
12 Composition of the Court
12 Composition of the Court
The Court is to be composed of a Chief Judge appointed by the Governor and such other Judges as the Governor may from time to time appoint.
s 12: Am 2025 No 61, Sch 1[3] [5].
13
Appointment and qualifications of Judges
13 Appointment and qualifications of Judges
13 Appointment and qualifications of Judges
(cf LCA 1982, section 12)
(1) The Governor may, by commission under the public seal of the State, appoint any qualified person to be a Judge.
(2) For the purposes of this section, a person is qualified for appointment as a Judge if the person is—
(a) an Australian lawyer of at least 5 years’ standing, or
(b) a person who holds, or has held, a judicial office of this State or of the Commonwealth, another State or Territory.
(3) A Judge, while holding office as such, is taken to have been appointed as a justice of the peace.
(4) Part 1 of Schedule 1 has effect with respect to Judges.
s 13: Am 2025 No 61, Sch 1[3] [5].
14
The Chief Judge
14 The Chief Judge
14 The Chief Judge
(1) The Governor may appoint a qualified person to be the Chief Judge of the Local Court.
(2) A person is a qualified person if the person is—
(a) a Judge of the Local Court, or
(b) a Judge of the District Court.
(3) The appointment may be made—
(a) by the commission of a person’s appointment as a Judge of the Local Court or a Judge of the District Court, or
(b) by a subsequent commission under the public seal of the State.
(4) The appointment of a person who is a Judge of the District Court as the Chief Judge of the Local Court also operates to appoint the person as a Judge of the Local Court.
(5) If the Chief Judge also holds office as a Judge of the District Court, the Chief Judge may (while holding office as the Chief Judge) exercise the jurisdiction of the District Court if—
(a) the Chief Judge is requested to do so by the Chief Judge of the District Court in relation to particular proceedings before that Court, and
(b) the Chief Judge agrees to the request.
Note.
Section 13 of the District Court Act 1973 enables the Governor to appoint the Chief Judge as a Judge of the District Court.
(6) Subsection (5) has effect despite Schedule 1, clause 5.
(7) Part 2 of Schedule 1 has effect with respect to the Chief Judge.
s 14: Subst 2010 No 63, Sch 1.13 [1]. Am 2025 No 61, Sch 1[6]–[8].
15
Deputy Chief Judges
15 Deputy Chief Judges
15 Deputy Chief Judges
(cf LCA 1982, section 15)
(1) The Governor may, by the commission of a person’s appointment as a Judge or by a subsequent commission under the public seal of the State, appoint a Judge to be a Deputy Chief Judge of the Local Court.
(2) More than one person may hold the office of Deputy Chief Judge at any one time.
(3) Part 3 of Schedule 1 has effect with respect to Deputy Chief Judges.
s 15: Am 2025 No 61, Sch 1[3] [5].
16
Acting Judges
16 Acting Judges
16 Acting Judges
(1) The Governor may, by commission under the public seal of the State, appoint any person who is qualified for appointment as a Judge under section 13 to act as a Judge for a term not exceeding 5 years to be specified in the commission.
(2) A person who holds, or has held, a judicial office of this State, or of the Commonwealth, another State or Territory, may be appointed under this section even if he or she has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires) but may not be so appointed for any period extending beyond the day on which he or she reaches the age of 78 years.
(3) Part 4 of Schedule 1 has effect with respect to acting Judges.
s 16: Am 2015 No 2, Sch 3.7 [1] [2]; 2018 No 87, Sch 2.6 [2]; 2025 No 61, Sch 1[3] [5].
Division 3
Assessors
Division 3 Assessors
Division 3 Assessors
17
Assessors
17 Assessors
17 Assessors
(cf LCA 1982, section 76)
(1) The Minister may appoint any person who is an Australian lawyer to be an Assessor.
(2) Schedule 2 has effect with respect to Assessors.
Division 4
Registrars and other officers
Division 4 Registrars and other officers
Division 4 Registrars and other officers
18
Registrars and deputy registrars
18 Registrars and deputy registrars
18 Registrars and deputy registrars
(cf LCA 1982, sections 10 and 10A)
(1) Such registrars and deputy registrars as may be necessary to assist in the administration of this Act are to be employed under Part 4 of the Government Sector Employment Act 2013.
(2) A registrar may (but need not) be appointed as the registrar for one or more designated places.
s 18: Am 2009 No 37, Sch 1.8 [1]; 2015 No 58, Sch 3.56 [2].
19
Registrar’s functions generally
19 Registrar’s functions generally
19 Registrar’s functions generally
(cf LCA 1982, section 10B)
(1) A registrar has and may exercise the functions conferred on a registrar by or under this Act, the rules or any other Act or law.
(2) Subject to any direction of the Secretary of the Department of Justice, a registrar (including a registrar for a designated place or places) may exercise such functions as are conferred on the registrar under subsection (1) in respect of any place, or any particular designated place or places, in the State.
(3) A person employed as a deputy registrar has, under the registrar, all of the functions of the registrar and may exercise those functions in respect of any place in the State at which the registrar may exercise the functions.
(4) The Secretary may delegate the exercise of the Secretary’s function under subsection (2) to—
(a) any member of staff employed in the administration of the business of the Court, or
(b) any other person (or person belonging to a class of persons) prescribed by the regulations.
s 19: Am 2008 No 53, Sch 15 [1]; 2009 No 37, Sch 1.8 [2]–[4]; 2015 No 58, Sch 3.56 [3] [4].
20
Exercise of functions by registrars, assistant registrars and other officers of the District Court
20 Exercise of functions by registrars, assistant registrars and other officers of the District Court
20 Exercise of functions by registrars, assistant registrars and other officers of the District Court
(1) A registrar of the District Court may, subject to the rules, exercise the functions of a registrar of the Local Court and, when exercising those functions, is taken to be a registrar of the Local Court.
(2) An assistant registrar of the District Court may, subject to the rules, exercise the functions of a deputy registrar of the Local Court and, when exercising those functions, is taken to be a deputy registrar of the Local Court.
(3) An officer of the District Court may, subject to the rules, exercise the functions of an officer of the Local Court and, when exercising those functions, is taken to be an officer of the Local Court.
21
References to registrars
21 References to registrars
21 References to registrars
In any other Act or instrument, a reference to the relevant registrar of the Local Court is a reference to—
(a) when used in connection with a particular place, a registrar authorised to exercise functions at or in relation to that place, or
(b) when used in connection with a particular function, the registrar authorised to exercise that function, or
(c) when used in connection with a particular place and a particular function, the registrar authorised to exercise that function at or in relation to that place, or
(d) when used in relation to particular proceedings, the registrar for the place at which the proceedings are being, or are to be, heard or (if they have been determined) the place at which the proceedings were determined.
s 21: Am 2009 No 37, Sch 1.8 [5].
Division 5
Exercise of jurisdiction
Division 5 Exercise of jurisdiction
Division 5 Exercise of jurisdiction
22
Sittings of the Court
22 Sittings of the Court
22 Sittings of the Court
(cf LCA 1982, section 11)
(1) Sittings of the Court are to be held at such places and times as the Chief Judge may from time to time direct by notice published in the Gazette.
(2) More than one sitting of the Court may be held at the same time.
s 22: Am 2025 No 61, Sch 1[3].
23
Arrangement of business of the Court
23 Arrangement of business of the Court
23 Arrangement of business of the Court
(cf LCA 1982, sections 11 and 14)
(1) The Chief Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Court and for that purpose may, subject to this Act, give directions as to—
(a) the Judges or Assessors who are to exercise the Court’s jurisdiction in specified matters or matters of a specified class, and
(b) the Judges or Assessors who are to sit at places (including one or more designated places) in the State or exercise certain functions at those places, and
(c) the matters or classes of matters that may be dealt with at those places, and
(d) the specified functions that are to be exercised by specified Judges or Judges of a specified class.
(2) The Chief Judge must consult with the Attorney General before making a direction under subsection (1) that substantially alters the frequency of sittings at a particular place relative to the previous calendar year.
(3) The Chief Judge may have such consultation with other Judges as is appropriate and practicable before making any direction under subsection (1).
(4) A direction given under subsection (1) may provide for—
(a) the establishment of circuits comprised of places at which sittings of the Court are required to be held, or
(b) the exercise by Judges of their functions, at specified times or during specified periods, at different places.
s 23: Am 2009 No 37, Sch 1.8 [6] [7]; 2025 No 61, Sch 1[3] [5].
24
Contempt of court
24 Contempt of court
24 Contempt of court
(cf LCA 1982, sections 27A and 27B)
(1) The Court has, if it is alleged, or appears to the Court on its own view, that a person is guilty of contempt of court committed in the face of the Court or in the hearing of the Court, the same powers as the District Court has in those circumstances.
(2) Without limiting subsection (1), the Court may vacate or revoke an order with respect to contempt of court.
(3) For the purposes of this section—
(a) sections 199, 200 and 202 of the District Court Act 1973 apply to the Local Court and a Judge of the Local Court in the same way as they apply to the District Court and a Judge of the District Court, and
(b) a reference in section 200 of that Act to a proclaimed place is taken to be a reference to a designated place, and
(c) section 201 of that Act applies to a ruling, order, direction or decision of the Local Court under those provisions as so applied.
(4) Without prejudice to the powers of the Court under this section, if it is alleged, or appears to the Court on its own view, that a person is guilty of contempt of the Court, whether committed in the face or hearing of the Court or not, the Court may refer the matter to the Supreme Court for determination.
(5) The Supreme Court is to dispose of any matter referred to it under this section in the manner it considers appropriate.
s 24: Am 2025 No 61, Sch 1[7].
24A
Disrespectful behaviour in Court
24A Disrespectful behaviour in Court
24A Disrespectful behaviour in Court
(1) Offence A person is guilty of an offence against this section if—
(a) the person is an accused person or defendant in, or a party to, proceedings before the Court or has been called to give evidence in proceedings before the Court, and
(b) the person intentionally engages in behaviour in the Court during the proceedings, and
(c) that behaviour is disrespectful to the Court or the Judge presiding over the proceedings (according to established court practice and convention).
Maximum penalty—14 days imprisonment or 10 penalty units, or both.
(2) In this section, behaviour includes any act or failure to act.
(3) This section does not apply to the following persons—
(a) an Australian legal practitioner appearing in that capacity,
(b) a police prosecutor or other public official responsible for the conduct of the prosecution, but only when acting in that capacity.
(4) Proceedings for offences Proceedings against a person for an offence against this section are to be dealt with summarily before—
(a) if the person is a child—the Children’s Court, or
(b) if the person is not a child—the Local Court.
(5) Proceedings for an offence against this section may be brought at any time within 12 months after the date of the alleged offence.
(6) Proceedings for an offence against this section may be brought only by a person or a member of a class of persons authorised, in writing, by the Secretary of the Department of Justice for that purpose.
(7) A Judge may refer any disrespectful behaviour in proceedings over which the Judge is presiding to the Attorney General.
(8) Proceedings for an offence against this section may be commenced only with the authorisation of the Attorney General. Authorisation may be given by the Attorney General whether or not the disrespectful behaviour is referred to the Attorney General by a Judge under this section.
(9) Evidence An official transcript or official audio or video recording of the proceedings in the Court is admissible in evidence in proceedings for an offence against this section and is evidence of the matter included in the transcript or audio or video recording.
(10) The Judge presiding over the proceedings in which the alleged disrespectful behaviour occurred cannot be required to give evidence in proceedings before any court for an offence against this section.
(11) Contempt and double jeopardy This section does not affect any power with respect to contempt or the exercise of any such power.
(12) A person cannot be prosecuted for an offence against this section and proceeded against for contempt in respect of essentially the same behaviour. However, nothing in this section prevents proceedings for contempt in respect of behaviour that constitutes an offence against this section.
s 24A: Ins 2016 No 26, Sch 4. Am 2025 No 61, Sch 1[3].
Division 6
Rules of court and practice notes
Division 6 Rules of court and practice notes
Division 6 Rules of court and practice notes
25
Local Court Rule Committee
25 Local Court Rule Committee
25 Local Court Rule Committee
(cf LCA 1982, sections 30 and 31)
(1) There is to be a Local Court Rule Committee.
(2) The Rule Committee is to consist of the following members—
(a) the Chief Judge,
(b) at least one and not more than 6 Judges (in addition to the Chief Judge) appointed by the Chief Judge,
(c) a barrister appointed by the Bar Council,
(d) a solicitor appointed by the Law Society Council,
(e) an officer of the Court appointed by the Chief Judge,
(f) a person appointed by the Secretary of the Department of Justice,
(g) if the Minister thinks that it is appropriate to appoint a person as a member—a person appointed by the Minister,
(h) the additional member or members appointed in accordance with subsection (3) or (4), as the case requires.
(3) The Rule Committee, when exercising its functions in respect of matters relating to the jurisdiction referred to in section 9 (a) and (b), is to have an additional member, being a person appointed by the Chief Judge to represent consumer groups.
(4) The Rule Committee, when exercising its functions in respect of matters relating to the jurisdiction referred to in section 9 (c), is to have 3 additional members as follows—
(a) a person appointed by the Chief Judge on the nomination of the Director of Public Prosecutions,
(b) a person appointed by the Chief Judge on the nomination of the Legal Aid Commission,
(c) a police prosecutor who is an Australian lawyer appointed by the Chief Judge on the nomination of the Commissioner of Police.
(5) Schedule 3 has effect in respect of the Rule Committee.
s 25: Am 2009 No 77, Sch 2.14 [1] [2]; 2013 No 38, Sch 1.7; 2015 No 7, Sch 2.29 [1]; 2015 No 58, Sch 3.56 [3] [4]; 2025 No 61, Sch 1[3] [5].
26
Rules generally
26 Rules generally
26 Rules generally
(cf LCA 1982, section 28A)
(1) The Rule Committee may make rules, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed by rules, or that is necessary or convenient to be prescribed by rules, in relation to the practice or procedure of the Local Court.
(2) In particular, the rules may make provision for or with respect to the following matters—
(a) the practice or procedure to be followed in criminal proceedings,
(b) the functions of registrars and other officers of the Court,
(c) the review of orders or decisions of registrars,
(d) any matter incidental to, or relating to, any such practice or procedure,
(e) the vacations and holidays of the Court and the hearing and disposal of proceedings during any such vacations or holidays.
(3) A rule may be made under this Act in relation to any matter for which a rule-making power is conferred on the Court by or under any other Act or law.
Note.
See also sections 42 (Rules in civil jurisdiction) and 71 (Rules in application proceedings).
s 26: Am 2017 No 44, Sch 1.17 [1].
27
Practice notes
27 Practice notes
27 Practice notes
(cf CPA, section 15; LCA 1982, section 28B)
(1) Subject to the rules, the Chief Judge may issue practice notes in relation to any matter with respect to which rules may be made.
(2) A practice note must be published in the Gazette.
(3) Sections 40 and 41 of the Interpretation Act 1987 apply to a practice note in the same way as they apply to a statutory rule.
s 27: Am 2009 No 56, Sch 4.34; 2025 No 61, Sch 1[3].
28
Court may give directions in circumstances not covered by rules
28 Court may give directions in circumstances not covered by rules
28 Court may give directions in circumstances not covered by rules
(cf CPA, section 16; LCA 1982, section 26)
(1) In relation to particular proceedings, the Court may give directions with respect to any aspect of practice or procedure not provided for by or under this Act, the Criminal Procedure Act 1986, the Civil Procedure Act 2005 or any other Act.
(2) Anything done in accordance with such a direction (including the commencing of proceedings and the taking of any step in proceedings) is taken to have been validly done.
Part 3
Civil jurisdiction
Part 3 Civil jurisdiction
Part 3 Civil jurisdiction
29
Jurisdictional limit of Court
29 Jurisdictional limit of Court
29 Jurisdictional limit of Court
(1) For the purposes of this Part, the jurisdictional limit of the Court is—
(a) $100,000, when sitting in its General Division, and
(b) $20,000, when sitting in its Small Claims Division.
(2) However, the jurisdictional limit of the Court, when sitting in its General Division, in relation to a claim for damages arising from personal injury or death is $60,000.
s 29: Subst 2010 No 135, Sch 15 [2]. Am 2018 No 87, Sch 1.20 [1].
29A
Money claim—meaning
29A Money claim—meaning
29A Money claim—meaning
In this Part, money claim means a claim for recovery of any debt, demand or damages (whether liquidated or unliquidated).
s 29A: Ins 2010 No 135, Sch 15 [2].
30
Conferral of jurisdiction
30 Conferral of jurisdiction
30 Conferral of jurisdiction
(cf LCA 1982, section 65)
(1) Subject to this Part, the Court sitting in its General Division has jurisdiction to hear and determine—
(a) proceedings on any money claim, so long as the amount claimed, whether on a balance of account or after an admitted set-off or otherwise, does not exceed the jurisdictional limit of the Court when sitting in that Division, and
(b) proceedings to recover detained goods, or to recover the assessed value of detained goods, so long as the value of the goods, together with the amount of any consequential damages claimed for their detention, does not exceed the jurisdictional limit of the Court when sitting in that Division, and
(b1) proceedings involving company title home unit disputes under section 34A, and
(b2) substituted proceedings within the meaning of Part 3A of the Civil and Administrative Tribunal Act 2013, so long as the amount of any money claim, or the value of any goods or property, to which the proceedings relate does not exceed the jurisdictional limit of the Court when sitting in that Division, and
(c) proceedings that, pursuant to any other Act, are required to be dealt with by the Court sitting in that Division.
(2) Subject to this Part, the Court sitting in its Small Claims Division has jurisdiction to hear and determine—
(a) proceedings on any money claim, so long as the amount claimed, whether on a balance of account or after an admitted set-off or otherwise, does not exceed the jurisdictional limit of the Court when sitting in that Division, and
(b) proceedings to recover detained goods, or to recover the assessed value of detained goods, so long as the value of the goods, together with the amount of any consequential damages claimed for their detention, does not exceed the jurisdictional limit of the Court when sitting in that Division, and
(c) proceedings involving company title home unit disputes under section 34A.
(3) Nothing in subsection (2) prevents proceedings under that subsection from being heard and determined by the Court sitting in its General Division.
(4) In determining an amount for the purposes of subsection (1) or (2), any interest up to judgment under section 100 of the Civil Procedure Act 2005 is to be disregarded.
(5) If—
(a) the jurisdictional limit of a Division is increased, and
(b) proceedings in which an amount of money is claimed are pending in the Court when that increase takes effect,
the Court may, on the application of a plaintiff, make an order altering the amount specified in the claim to an amount not exceeding the new jurisdictional limit.
(6) In this section, admitted set-off, in relation to proceedings, means set-off admitted by the plaintiff in the originating process in the proceedings.
s 30: Am 2013 No 6, Sch 1 [1] [2]; 2017 No 44, Sch 1.17 [2].
31
Jurisdictional limits may be exceeded for certain money claims
31 Jurisdictional limits may be exceeded for certain money claims
31 Jurisdictional limits may be exceeded for certain money claims
(cf LCA 1982, section 66)
(1) When sitting in its General Division, the Court has jurisdiction to hear and determine proceedings on a money claim for an amount not exceeding 20 per cent more than the jurisdictional limit of the Court when sitting in its General Division—
(a) if a memorandum of consent has been filed in relation to the proceedings, or
(b) if no objection to the Court’s jurisdiction has been raised by any of the parties prior to one month before the trial of the proceedings commences.
(2) A memorandum of consent referred to in subsection (1) (a) does not have effect unless—
(a) it is signed by each party to the proceedings, or by the party’s Australian legal practitioner, and
(b) it states that each of those parties consents to the proceedings being heard and determined by the Court and is aware that, unless the memorandum is filed, the Court will not have jurisdiction to hear or determine the proceedings.
(3) This section applies despite section 30 (1) (a).
(4) Nothing in this section limits the operation of section 140 of the Civil Procedure Act 2005.
32
Jurisdiction in proceedings for review of contracts
32 Jurisdiction in proceedings for review of contracts
32 Jurisdiction in proceedings for review of contracts
(cf LCA 1982, section 68)
(1) The Court has the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, to refuse to enforce any or all of the provisions of a contract under section 7 (1) (a) of the Contracts Review Act 1980.
(2) This section applies only if application for the exercise of the jurisdiction is made in proceedings concerning the contract that have previously been commenced in the Court but have not been determined.
33
Certain jurisdiction excluded
33 Certain jurisdiction excluded
33 Certain jurisdiction excluded
(cf LCA 1982, section 67)
(1) The Court does not have jurisdiction under this Part to hear or determine any of the following kinds of proceedings—
(a) proceedings in which the validity or effect of any devise, bequest or limitation under any will or settlement, or under any document in the nature of a settlement, is disputed,
(b) proceedings for passing-off, wrongful arrest, false imprisonment, malicious prosecution or defamation,
(c) proceedings for infringement of letters patent or copyright,
(e) proceedings in which the title to land is in question (other than proceedings on a claim in respect of which the question of the title to land is merely incidental).
(1A) Subsection (1)(d) does not apply to proceedings for invasion of privacy or other privacy contravention if the proceedings are of a class prescribed by the regulations for this subsection.
(2) The judgment of the Court in proceedings on a claim in respect of which the question of the title to land is merely incidental, as referred to in subsection (1) (e), is not admissible as evidence of the title to the land in any other legal proceedings.
s 33: Am 2013 No 80, Sch 11; 2025 No 47, Sch 1[1] [2].
34
Jurisdiction when cause of action or defendant outside the State
34 Jurisdiction when cause of action or defendant outside the State
34 Jurisdiction when cause of action or defendant outside the State
(cf LCA 1982, section 69)
(1) The Court has jurisdiction to hear and determine proceedings with respect to a cause of action—
(a) even if part of the cause of action arose outside New South Wales, so long as a material part of the cause of action arose within New South Wales, and
(b) even if the whole cause of action arose outside New South Wales, so long as the defendant was resident in New South Wales at the time of service of the document that commenced the proceedings, and
(c) even if the defendant is not within New South Wales, so long as—
(i) the whole or a material part of the cause of action arose within New South Wales, and
(ii) the defendant was within a State or a part of the Commonwealth (within the meaning of the Service and Execution of Process Act 1992 of the Commonwealth) at the time of service of the document that commenced the proceedings.
(2) Subsection (1) (c) applies whether or not the defendant has ever been resident or carried on business in New South Wales.
(3) In this section, defendant includes, if there are 2 or more defendants, any one of those defendants.
34A
Jurisdiction in company title home unit disputes
34A Jurisdiction in company title home unit disputes
34A Jurisdiction in company title home unit disputes
(1) The Court has jurisdiction to hear and determine proceedings involving company title home unit disputes.
(2) A company title home unit dispute is a dispute between interested parties about any of the following matters—
(a) the health, safety and security of persons occupying or visiting the land owned by a company title corporation or residential premises located on that land (including, for example, safety of children on the premises and waste disposal),
(b) the common property on the land owned by a company title corporation (including, for example, parking and vehicle access, repair and maintenance, design and appearance),
(c) the use of residential premises located on the land owned by a company title corporation occupied by a shareholder of the corporation (including, for example, external appearance of premises or the keeping of pets),
(d) the behaviour of persons occupying or visiting the land owned by a company title corporation or residential premises located on the land (including, for example, noise),
(e) the refusal by a company title corporation to allow a shareholder of the corporation to grant a lease or licence to use or occupy premises located on the land owned by the corporation,
(f) administrative matters relating to the running of a company title corporation (including, for example, levies).
(3) However, a company title home unit dispute does not include the following—
(c) a dispute about the sale, transfer or other disposition of shares in a company title corporation or the forfeiture of such shares,
(d) a dispute about any matter that is a superior court matter within the meaning of the Corporations Act 2001 of the Commonwealth.
Note.
Section 1337E of the Corporations Act 2001 of the Commonwealth confers jurisdiction on the Local Court in relation to civil matters (other than superior court matters) under that Act. Examples of superior court matters in relation to company title home unit disputes include the winding up of a company title corporation or the oppressive conduct of a company title corporation’s affairs.
(4) A company title corporation is a company registered under the Corporations Act 2001 of the Commonwealth that is the owner of land if ownership of a share or shares in that company entitles the owner of the share or shares to the exclusive use and occupation of residential premises on that land, but does not include an owners corporation within the meaning of the Strata Schemes Management Act 2015 or an association within the meaning of the Community Land Management Act 2021.
(5) In determining proceedings involving a company title home unit dispute, the Court may make any of the following orders—
(a) an order requiring a person to do, or refrain from doing, any act,
(b) an order for the payment of damages or other money,
(c) an order—
(i) declaring the rights and obligations arising under a constitution of a company title corporation or any other contract or agreement, or
(ii) declaring the meaning of any term of a constitution of a company title corporation, or of any other contract or agreement, or
(iii) declaring that any such term is or is not void, invalid or otherwise unenforceable.
(6) However, the Court does not have jurisdiction to make an order on a money or other claim in the proceedings that would exceed the jurisdictional limit of the Court under this Part when sitting in the Division concerned.
(7) A term of a constitution of a company title corporation, or of any other contract or agreement, that purports to exclude, limit or modify the jurisdiction of the Court in relation to company title home unit disputes is void to the extent that it would otherwise have effect.
(8) The provisions of this section are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act generally.
Note.
Section 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
(9) In this section, interested party means any of the following—
(a) a company title corporation,
(b) a shareholder or former shareholder of a company title corporation,
(c) a resident or former resident of premises on land owned by a company title corporation.
s 34A: Ins 2013 No 6, Sch 1 [3]. Am 2015 No 50, Sch 4.15; 2021 No 7, Sch 4.10.
35
Procedure generally in Small Claims Division
35 Procedure generally in Small Claims Division
35 Procedure generally in Small Claims Division
(cf LCA 1982, section 70)
(1) The jurisdiction of the Court sitting in its Small Claims Division may be exercised by a Judge or an Assessor.
(1A) However, the jurisdiction of the Court in proceedings involving company title home unit disputes under section 34A may only be exercised by a Judge.
(2) Proceedings in the Small Claims Division are to be conducted with as little formality and technicality as the proper consideration of the matter permits.
(3) The rules of evidence do not apply to proceedings being heard or other proceedings in the Small Claims Division.
(4) Witnesses may not be cross-examined except in circumstances in which, and to the extent to which, the cross-examination of witnesses is authorised by the rules or a practice note.
(5) A Judge or an Assessor exercising the jurisdiction of the Court sitting in its Small Claims Division may inform himself or herself on any matter relating to proceedings being heard or other proceedings in the Small Claims Division in such manner as he or she thinks fit.
(6) Proceedings in the Small Claims Division (other than any judgment given or order made in respect of the proceedings) are not required to be recorded.
s 35: Am 2013 No 6, Sch 1 [4]; 2025 No 61, Sch 1[3].
36
Conciliation of parties
36 Conciliation of parties
36 Conciliation of parties
(cf LCA 1982, section 71)
(1) A Judge or an Assessor is not to give judgment or make a final order in respect of proceedings being heard in the Court’s Small Claims Division unless the Judge or an Assessor has brought, or has used his or her best endeavours to bring, the parties to the proceedings to a settlement acceptable to the parties.
(2) If such a settlement is reached, the Judge or an Assessor is to give judgment or make a final order that gives effect to the terms of the settlement.
s 36: Am 2025 No 61, Sch 1[3].
37
Costs in Small Claims Division
37 Costs in Small Claims Division
37 Costs in Small Claims Division
(cf LCA 1982, section 67)
Except as provided by the rules, the Court sitting in its Small Claims Division has no power to award costs.
38
Judgments and orders final
38 Judgments and orders final
38 Judgments and orders final
(cf LCA 1982, section 72)
Subject to this Division, all judgments and orders of the Court exercising jurisdiction under this Part are final and conclusive.
39
Appeals as of right
39 Appeals as of right
39 Appeals as of right
(cf LCA 1982, section 73)
(1) A party to proceedings before the Court sitting in its General Division who is dissatisfied with a judgment or order of the Court may appeal to the Supreme Court, but only on a question of law.
(2) A party to proceedings before the Court sitting in its Small Claims Division who is dissatisfied with a judgment or order of the Court may appeal to the District Court, but only on the ground of lack of jurisdiction or denial of procedural fairness.
s 39: Am 2008 No 53, Sch 15 [2].
40
Appeals requiring leave
40 Appeals requiring leave
40 Appeals requiring leave
(cf LCA 1982, section 74)
(1) A party to proceedings before the Court sitting in its General Division who is dissatisfied with a judgment or order of the Court on a ground that involves a question of mixed law and fact may appeal to the Supreme Court but only by leave of the Supreme Court.
(2) A party to proceedings before the Court sitting in its General Division who is dissatisfied with any of the following judgments or orders of the Court may appeal to the Supreme Court, but only by leave of the Supreme Court—
(a) an interlocutory judgment or order,
(b) a judgment or order made with the consent of the parties,
(c) an order as to costs.
41
Determination of appeals
41 Determination of appeals
41 Determination of appeals
(cf LCA 1982, section 75)
(1) The Supreme Court may determine an appeal made under section 39 (1) or 40—
(a) by varying the terms of the judgment or order, or
(b) by setting aside the judgment or order, or
(c) by setting aside the judgment or order and remitting the matter to the Local Court for determination in accordance with the Supreme Court’s directions, or
(d) by dismissing the appeal.
(2) The District Court may determine an appeal made under section 39 (2)—
(a) by varying the terms of the judgment or order, or
(b) by setting aside the judgment or order, or
(c) by setting aside the judgment or order and remitting the matter to the Local Court for determination in accordance with the District Court’s directions, or
(d) by dismissing the appeal.
s 41: Am 2008 No 53, Sch 15 [3] [4].
42
Rules in civil jurisdiction
42 Rules in civil jurisdiction
42 Rules in civil jurisdiction
(cf LCA 1982, section 79)
(1) The rules may make provision for or with respect to the following matters relating to the civil jurisdiction of the Court—
(a) the practice and procedure in the Court and in proceedings before a registrar,
(b) the transfer of proceedings between the Small Claims Division and the General Division,
(e) the filing and serving of notices under this Act,
(f) the times for doing any matter or thing for the purposes of this Part,
(g) the excusal of non-compliance with the rules,
(h) costs in relation to proceedings in the Court’s Small Claims Division,
(i) the manner of doing any matter or thing for the purposes of this Part.
(2) This section does not give power to make rules with respect to any matter relating to costs that is regulated by the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014).
(3) This section does not give power to make rules in terms inconsistent with those of the uniform rules under the Civil Procedure Act 2005 unless the uniform rules expressly permit rules under this section to be made in those terms.
(4) The rules made under this section may authorise or require the use of an ECM system established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000 in relation to any proceedings in the Court in respect of which the use of such a system is authorised by an order in force under clause 3 of Schedule 1 to that Act.
s 42: Am 2010 No 119, Sch 2.28 [1] [2]; 2015 No 7, Sch 2.29 [2].
Part 4
Special jurisdiction
Part 4 Special jurisdiction
Part 4 Special jurisdiction
43
Definitions
43 Definitions
43 Definitions
(cf LCA 1982, section 4)
In this Part—
applicant means a person by whom application proceedings are commenced.
application proceedings means proceedings to which this Part applies as referred to in section 44.
(e) the Director of Public Prosecutions, Deputy Director of Public Prosecutions or Solicitor for Public Prosecutions,
(f) an officer or employee of a body declared by the regulations to be a public body for the purposes of this definition.
respondent means a person against whom application proceedings are commenced.
s 43: Am 2008 No 112, Sch 6.17; 2013 No 51, Sch 7.27.
44
Application of Part
44 Application of Part
44 Application of Part
This Part applies to any proceedings with respect to matters for which jurisdiction is conferred on the Court by or under any other Act or law, other than—
(a) criminal proceedings, or
(b) proceedings with respect to any matter for which jurisdiction is conferred on the Court by Part 3.
45
Commencement of proceedings by application notice
45 Commencement of proceedings by application notice
45 Commencement of proceedings by application notice
(cf LCA 1982, section 37)
Application proceedings are to be commenced in the Court by the issuing and filing of an application notice in accordance with this Division.
46
Commencement of proceedings by police officer or public officer
46 Commencement of proceedings by police officer or public officer
46 Commencement of proceedings by police officer or public officer
(cf LCA 1982, section 38)
If a police officer or public officer is authorised to commence application proceedings against a person, the officer may commence the proceedings by issuing an application notice and filing the notice in accordance with this Division.
47
Commencement of private actions
47 Commencement of private actions
47 Commencement of private actions
(cf LCA 1982, section 39)
(1) If a person other than a police officer or public officer is authorised to commence application proceedings against a person, the person may commence the proceedings by issuing an application notice, signed by a registrar, and filing the notice in accordance with this Division.
(2) A registrar must not sign an application notice if—
(a) the registrar is of the opinion that the notice does not disclose grounds for the proceedings, or
(b) the registrar is of the opinion that the notice is not in the appropriate form, or
(c) the registrar is of the opinion that a ground for refusal set out in the rules applies to the notice.
(3) If a registrar refuses to sign an application notice proposed to be issued by any such person, the question of whether the application notice is to be signed and issued is to be determined by the Court on application by the person.
(4) An application under subsection (3) is not required to be signed by a registrar.
48
Application notice to be for one matter only
48 Application notice to be for one matter only
48 Application notice to be for one matter only
(cf LCA 1982, section 41)
An application notice may not relate to more than one matter.
49
Service of application notice
49 Service of application notice
49 Service of application notice
(cf LCA 1982, section 42)
(1) An application notice issued by a police officer must be served by a police officer in accordance with the rules.
(2) An application notice issued by a public officer must be served by a police officer or public officer or other person authorised by the rules in accordance with the rules.
(3) An application notice issued by a person other than a police officer or a public officer must be served by a person authorised by the rules in accordance with the rules.
(4) A copy of an application notice must be filed in the Court in accordance with the rules.
50
When proceedings commence
50 When proceedings commence
50 When proceedings commence
(cf LCA 1982, section 43)
(1) All proceedings are taken to have commenced on the date on which an application notice is filed.
(2) An application notice may be filed even though it has not been served if—
(a) the notice is not able to be served, despite reasonable attempts to do so, or
(b) the registrar gives leave to do so after forming the opinion that it is not reasonable in the circumstances of the case to require prior service of the notice.
(3) Nothing in this section affects any other Act or law under which proceedings are taken to have commenced on another date.
51
Time limit for commencement of proceedings
51 Time limit for commencement of proceedings
51 Time limit for commencement of proceedings
(cf LCA 1982, section 44)
(1) Application proceedings may not be commenced later than 6 years from the date when the matter is alleged to have arisen.
(2) This section is subject to any other Act or law.
52
Relationship to other law or practice
52 Relationship to other law or practice
52 Relationship to other law or practice
(cf LCA 1982, section 45)
If an Act or a statutory rule provides for application proceedings to be commenced otherwise than by issuing an application notice, the proceedings may nevertheless be commenced in accordance with this Act.
53
Time for hearing
53 Time for hearing
53 Time for hearing
(cf LCA 1982, section 46)
(1) On the first return date for an application notice in any proceedings, or at such later time as the Court determines, the Court must set the date, time and place for hearing and determining the matter.
(2) The Court must notify the respondent of the date, time and place, if the respondent is not present.
(3) However, if the respondent is not present at the first return date, the Court may proceed to hear and determine the matter on that day at its discretion.
Note.
The powers of the Court to adjourn proceedings are set out in section 61.
54
Proceedings to be open to public
54 Proceedings to be open to public
54 Proceedings to be open to public
(cf LCA 1982, section 47)
(1) Application proceedings before the Court are to be heard in open court.
(2) This section is subject to the provisions of any other Act or law.
55
Change of venue
55 Change of venue
55 Change of venue
(cf LCA 1982, section 48)
The Court may make an order changing the venue of the proceedings if it thinks it appropriate in the circumstances.
56
Right to defend action
56 Right to defend action
56 Right to defend action
(cf LCA 1982, section 49)
A respondent in application proceedings may defend the action and any proceedings ancillary to the action.
57
Right of representation
57 Right of representation
57 Right of representation
(cf LCA 1982, section 50)
(1) An applicant or respondent may appear personally or by an Australian legal practitioner or other representative empowered by an Act or other law to appear for the applicant or respondent.
(2) An applicant who is a police officer may appear personally or by a person permitted by subsection (1) or by a police prosecutor.
58
Conduct of case
58 Conduct of case
58 Conduct of case
(cf LCA 1982, section 51)
(1) The applicant’s case may be conducted by the applicant or by the applicant’s Australian legal practitioner or any other representative permitted to appear for the applicant (whether under this or any other Act).
(2) The respondent’s case may be conducted by the respondent or by the respondent’s Australian legal practitioner or any other representative permitted to appear for the respondent (whether under this or any other Act).
59
Evidence to be on oath
59 Evidence to be on oath
59 Evidence to be on oath
(cf LCA 1982, section 52)
The usual oath must be administered to a witness before the witness is examined.
Note.
For the form of oaths and declarations see the Oaths Act 1900.
60
Recording of evidence
60 Recording of evidence
60 Recording of evidence
(cf LCA 1982, section 53)
(1) The evidence of each witness in application proceedings must be recorded.
(2) Rules may be made for or with respect to the manner in which the evidence may be recorded and the authentication of evidence or of transcripts of evidence given in proceedings.
61
Adjournments
61 Adjournments
61 Adjournments
(cf LCA 1982, section 54)
(1) The Court may at any stage of proceedings adjourn the proceedings to a specified time and place.
(2) An adjournment of proceedings may be in such terms as the Court thinks fit.
62
Irregularity
62 Irregularity
62 Irregularity
(cf LCA 1982, section 55)
(1) If, in or in connection with application proceedings or the commencement of application proceedings, there is a failure to comply with any requirement of this Act or the rules, the failure is to be treated as an irregularity and does not nullify the proceedings or any step taken in the proceedings, or any judgment, document or order in the proceedings.
(2) Subsection (1) applies to a failure to comply with a requirement relating to time, place, manner, form or content or any other failure.
(3) In the case of an irregularity, the Court may, on terms, set aside wholly or in part the proceedings or any step taken in the proceedings or any document, judgment or order in the proceedings or exercise its powers under the rules to allow judgments and to make orders dealing with the proceedings generally.
(4) The Court must not take action under subsection (3) on the application of a party unless that application is made within a reasonable time and before the party has taken any fresh step after becoming aware of the irregularity.
63
Power to dispense with rules
63 Power to dispense with rules
63 Power to dispense with rules
(cf LCA 1982, section 56)
(1) In relation to particular application proceedings, the Court may, if of the opinion that it is in the interests of justice to do so, dispense with or vary a requirement of the rules.
(2) For the purposes of subsection (1), the Court may make directions as to the conduct of application proceedings.
(3) The power conferred by this section does not extend to any rule declared by the rules to be mandatory.
Note.
The Court may also give directions with respect to any aspect of practice or procedure not provided for by or under this Act or any other Act (see section 28).
64
Power to stay proceedings
64 Power to stay proceedings
64 Power to stay proceedings
(cf LCA 1982, section 57)
(1) Subject to the rules, the Court may at any time and from time to time, by order, stay any application proceedings before it, either permanently or until a specified day.
(2) The power to stay proceedings includes power to order a stay of an enforcement of an order.
65
Arrest of respondent during proceedings
65 Arrest of respondent during proceedings
65 Arrest of respondent during proceedings
(cf LCA 1982, section 58)
(1) A Judge may, at any time when or after a matter is first before the Court and before it is finally disposed of by the Court, issue a warrant to arrest a respondent if the respondent fails to appear personally or to appear by an Australian legal practitioner or other representative and the Judge is satisfied that the respondent had notice of the date, time and place of the proceedings.
(1A) A Judge before whom the respondent is brought after having been arrested under the warrant may make a bail decision in respect of the respondent under the Bail Act 2013.
(1B) The Bail Act 2013 applies to the respondent as if—
(a) the respondent were accused of an offence, and
(b) the proceedings at which the respondent is required to appear were proceedings for that offence.
(1C) Bail may be granted for the period between—
(a) the respondent’s being brought before the Judge, and
(b) the respondent’s appearance before the Court in the proceedings at which he or she is required to appear.
(2) A Judge before whom a respondent is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant—
(a) committing the respondent to a correctional centre or other place of security, and
(b) ordering the respondent to be brought before the Court at the date, time and place specified in the order.
(3) The Judge must give notice of the date, time and place set to the applicant.
(4) (Repealed)
s 65: Am 2014 No 5, Sch 2.23 [1] [2]; 2025 No 61, Schs 1[3], 3.8[1] [2].
66
Witnesses and production of evidence
66 Witnesses and production of evidence
66 Witnesses and production of evidence
(cf LCA 1982, section 59)
The provisions of Part 3 of Chapter 4 of the Criminal Procedure Act 1986 apply, with any necessary modifications, to application proceedings in the same way as they apply to proceedings for summary offences under that Act.
67
Warrants of arrest and warrants of commitment
67 Warrants of arrest and warrants of commitment
67 Warrants of arrest and warrants of commitment
(cf LCA 1982, section 60)
The provisions of Part 4 of Chapter 4 of the Criminal Procedure Act 1986 apply, with any necessary modifications, to warrants of arrest, or warrants of commitment, issued under this Act in the same way as they apply to warrants of arrest or warrants of commitment issued under that Act.
68
Enforcement of orders for payment of money
68 Enforcement of orders for payment of money
68 Enforcement of orders for payment of money
(cf LCA 1982, section 61)
An order for the payment of money by a party to application proceedings (including an order as to payment of costs) may be enforced in a court of competent jurisdiction as if it were a debt due to the person to whom the money is ordered to be paid.
69
Costs
69 Costs
69 Costs
(cf LCA 1982, section 62)
(1) The Court may award costs in application proceedings at its discretion and may determine by whom, to whom and to what extent costs are to be paid in or in relation to application proceedings.
(2) The Court may order costs to be assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014) or on an indemnity basis.
(3) This section is subject to this Act, the rules and any other Act.
s 69: Am 2015 No 7, Sch 2.29 [2].
70
Appeals
70 Appeals
70 Appeals
(cf LCA 1982, section 64)
(1) In relation to any order arising from an application notice—
in the same way as such an application or appeal may be made in relation to a conviction arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.
(2) An application or appeal may not be made under subsection (1) in relation to an order referred to in that subsection if the making of such an application or appeal is prohibited by the Act or law pursuant to which the order was made.
(3) If any other Act—
(a) provides for an appeal to the District Court against an order of the Court under that Act, or
(b) provides for an appeal against such an order without identifying to which court such an appeal is to be made,
such an appeal is to be made to the District Court in accordance with Part 3 of the Crimes (Appeal and Review) Act 2001 in the same way as an appeal under that Part may be made in relation to a conviction arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.
(4) If any other Act provides for an appeal to the Supreme Court against an order of the Court under that Act, such an appeal is to be made to the Supreme Court in accordance with Part 5 of the Crimes (Appeal and Review) Act 2001 in the same way as an appeal under that Part may be made in relation to a conviction arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.
(5) The Crimes (Appeal and Review) Act 2001 applies to an application or appeal arising under this section with such modifications as are made by or in accordance with the regulations under that Act.
(6) In this section, a reference to an order includes a reference to any determination that the Court has jurisdiction to make, and any penalty that the Court has jurisdiction to impose.
s 70: Am 2009 No 4, Sch 2.3.
71
Rules in application proceedings
71 Rules in application proceedings
71 Rules in application proceedings
(cf LCA 1982, section 63)
(1) The rules may make provision for or with respect to the following matters relating to application proceedings—
(a) the practice and procedure in the Court and in proceedings before a registrar,
(b) the filing and service (including substituted service) of notices under this Act,
(c) additional requirements for the form of warrants,
(d) the functions of registrars,
(e) the hearing of proceedings, including the procedure to be followed and the orders to be made, when a party fails to attend,
(f) empowering the Court to dispense with rules of evidence for proving any matter that is not genuinely in dispute in any proceedings and to dispense with rules of evidence that might cause expense or delay in proceedings if those rules were applied in specified circumstances,
(g) prescribing matters relating to expert evidence, including the disclosure, by providing copies of reports or otherwise, of the nature of expert evidence to be given, and including the exclusion of expert evidence in the case of non-compliance with the rules relating to expert evidence or with any order for disclosure of the nature of expert evidence,
(h) providing for any matter relating to the costs of proceedings.
(2) Without limiting subsection (1), the rules may adopt, with or without modification, the provisions of any rules made under the Civil Procedure Act 2005.
(3) This section does not give power to make rules with respect to any matter relating to costs that is regulated by the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014).
s 71: Am 2015 No 7, Sch 2.29 [3].
72
Forms
72 Forms
72 Forms
(cf CPA, section 17; LCA 1982, section 40)
(1) The Chief Judge—
(a) may approve forms for documents to be used in connection with application proceedings, and
(b) in the case of documents filed with the Court, or issued by the Court, by means of an ECM system within the meaning of the Electronic Transactions Act 2000, may approve the format in which such documents are to be filed or issued.
(2) Copies of the approved forms are to be made available for public inspection at each registry of the Court and on the Court’s internet website.
(3) If a form is approved in relation to a document to be used in connection with proceedings in the Court, a document that is filed with or issued by the Court is to be in that form.
(4) An application notice must do the following—
(a) describe the grounds for the proceedings and the remedy sought,
(b) contain the name of the applicant,
(c) require the respondent to appear before the Court or a Judge at a specified date, time and place.
(5) The rules may prescribe additional matters to be included in application notices.
s 72: Am 2025 No 61, Sch 1[3].
Schedule 1
Provisions relating to Judges
Schedule 1 Provisions relating to Judges
Schedule 1 Provisions relating to Judges
(Sections 13 (4), 14 (2), 15 (3) and 16 (3))
sch 1, hdg: Am 2025 No 61, Sch 1[9].
sch 1: Am 2010 No 63, Sch 1.13 [2]–[5]; 2010 No 135, Sch 15 [3]–[5]; 2012 No 60, Sch 11; 2015 No 2, Sch 3.7 [3] [4]; 2015 No 58, Sch 3.56 [5]–[8]; 2016 No 54, Sch 1.13 [1]; 2025 No 61, Sch 1[10]–[19].
9A
Cashing out of pre-2002 extended leave entitlements
9A Cashing out of pre-2002 extended leave entitlements
9A Cashing out of pre-2002 extended leave entitlements
(1) A conditions of service determination may make provision for an alternative extended leave scheme for Judges with pre-2002 extended leave entitlements.
(2) An alternative extended leave scheme is a scheme under which a Judge accrues extended leave on a different basis to his or her pre-2002 extended leave entitlement.
(3) A conditions of service determination may permit a Judge to elect—
(a) to be paid, as a gratuity, the monetary value of the Judge’s pre-2002 extended leave entitlement, and
(b) to accrue extended leave, on and from the date of election, in accordance with the alternative extended leave scheme.
(4) An alternative extended leave scheme may provide that the Judge accrues extended leave as if the Judge had first been appointed as a Magistrate or Judge on or after the election takes effect (that is, disregarding service as a Magistrate or Judge or in the government sector before the election takes effect).
(5) In this section, a pre-2002 extended leave entitlement is any right to extended leave or to accrue extended leave that a person appointed as a Magistrate before 20 September 2002 has by virtue of section 25 (1) of the Local Courts Act 1982, as in force immediately before its repeal.
Note.
Section 30 (1) (c) of the Interpretation Act 1987 provides that the repeal of an Act does not affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act.
10A
Remuneration of Chief Judge who is District Court Judge
10A Remuneration of Chief Judge who is District Court Judge
10A Remuneration of Chief Judge who is District Court Judge
If the Chief Judge also holds office as a Judge of the District Court, the Chief Judge is not entitled to receive remuneration as a Judge or Chief Judge of the Local Court while receiving remuneration as a Judge of the District Court.
10B
Superannuation entitlements of Chief Judge who is District Court Judge
10B Superannuation entitlements of Chief Judge who is District Court Judge
10B Superannuation entitlements of Chief Judge who is District Court Judge
(1) This clause applies to the Chief Judge if the Chief Judge—
(a) is appointed as a Judge of the District Court at the same time as being appointed as the Chief Judge or while he or she holds office as the Chief Judge, and
(b) is a contributor to a State public sector superannuation scheme immediately before being appointed as a Judge of the District Court.
(2) When this clause applies to the Chief Judge, the Chief Judge—
(a) ceases on his or her appointment as a Judge of the District Court to be an employee who is entitled to be a contributor under the State public sector superannuation scheme concerned, and
(b) is taken on that appointment to have preserved his or her superannuation benefits under the scheme in accordance with the relevant statutory provisions governing the scheme.
(3) This clause does not—
(a) prevent the Chief Judge from contributing to the FSS Fund in a capacity other than as an employee within the meaning of the First State Superannuation Act 1992 if he or she is permitted to do so by the trust deed under which the Fund is maintained and administered, or
(b) otherwise affect the provisions of any other Act or regulation relating to the rights of contributors under superannuation schemes.
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
acting Judge means a person appointed under this Act to act as a Judge.
Assessor means a person appointed under section 17 (1) to be an Assessor of the Local Court.
Chief Judge means the person appointed under this Act to be the Chief Judge of the Local Court.
civil jurisdiction, in relation to the Local Court, means the jurisdiction referred to in section 9 (a).
Court means the Local Court constituted by section 7 (1).
criminal jurisdiction, in relation to the Local Court, means the jurisdiction referred to in section 9 (c).
criminal proceedings means proceedings against a person for an offence (whether summary or indictable), and includes the following—
(a) committal proceedings,
(b) proceedings relating to bail,
(c) proceedings relating to sentence,
(d) proceedings for the review of a conviction or sentence under the Crimes (Appeal and Review) Act 2001,
but does not include the following—
(e) proceedings on an application for an order under the Crimes (Forensic Procedures) Act 2000,
(f) proceedings on an application for an order, or an application to vary or revoke any such order, under the Child Protection (Offenders Prohibition Orders) Act 2004,
(g) proceedings on an application for an order under Part 16A of the Law Enforcement (Powers and Responsibilities) Act 2002,
(h) applications for an order under section 3E or 3F of the ,
Crimes (Appeal and Review) Act 2001
Administratively, the Act establishes the office of Chief Judge (s 14), Deputy Chief Judges (s 15) and Judges (s 13), who must be Australian lawyers of five years' standing or former judicial officers. Acting Judges may be appointed for up to five years (s 16), with a hard retirement cap at 78 years. Assessors (s 17) handle Small Claims Division work. The Chief Judge controls sittings (s 22), business allocation (s 23) and may issue practice notes (s 27). The Local Court Rule Committee (s 25) makes rules on practice and procedure (ss 26, 42, 71). Contempt powers mirror those of the District Court (s 24), and a specific offence of disrespectful behaviour carries up to 14 days imprisonment or 10 penalty units (s 24A).
The Act preserves rights on transition from the 1982 regime (Schedule 4), provides for part-time judicial arrangements (Schedule 1 cl 1), superannuation preservation (Schedule 1 cl 7), and contains broad regulation-making power (s 4). Recent 2025 amendments (notably the Local Court and Bail Legislation Amendment Act 2025) substituted "Judge" for "Magistrate" throughout, adjusted bail provisions (s 65), and refined privacy jurisdiction exclusions (s 33).
In short, the LCA 2007 creates a flexible, accessible inferior court that funnels the bulk of minor civil, quasi-criminal and statutory disputes away from superior courts while maintaining procedural fairness through rules, practice notes and appellate pathways (ss 39-41).
Who it affects
The LCA 2007 primarily affects litigants in New South Wales who find themselves in the Local Court. This includes individuals, companies and public authorities pursuing or defending civil claims up to the jurisdictional limit, respondents to application proceedings under statutes ranging from environmental legislation to residential tenancy matters (subject to exclusions in s 34A(3)), and defendants in summary criminal prosecutions.
Judicial officers are directly impacted. The Act governs appointment, qualifications, tenure, remuneration and conditions of service for the Chief Judge, Deputy Chief Judges, Judges, acting Judges (ss 12-16, Schedule 1) and Assessors (s 17, Schedule 2). The 2025 amendments abolished the former offices of Chief Magistrate, Deputy Chief Magistrate and Magistrate and substituted the new judicial titles (Schedule 4 Part 12), with existing holders automatically transitioned (cl 24). Part-time Judges and Assessors face strict outside-employment restrictions (Schedule 1 cl 5, Schedule 2 cl 4).
Court staff—registrars, deputy registrars and other officers employed under the Government Sector Employment Act 2013 (ss 18-21)—are affected in their administrative and quasi-judicial functions. The Rule Committee (s 25, Schedule 3) comprises the Chief Judge, up to six other Judges, a barrister, solicitor, court officer, departmental nominee, consumer representative (for civil matters) and criminal-law stakeholders (DPP, Legal Aid, police prosecutor). Its members must attend meetings and contribute to rule-making.
The Attorney General, Secretary of the Department of Justice and Minister exercise appointment, delegation and review powers (ss 6, 19(4), 23(2)). The Chief Judge holds significant managerial authority over sittings, business allocation and practice notes (ss 22, 23, 27), subject to consultation obligations before altering sitting frequency.
Legal practitioners appear as of right (s 57) and are exempt from the disrespectful behaviour offence (s 24A(3)(a)). Police prosecutors and public officials also receive carve-outs. Self-represented litigants in the Small Claims Division benefit from the informal procedure (s 35) but must still comply with rules on service and filing.
Finally, the Act binds the Crown and affects any person who may be subject to arrest warrants, contempt findings, costs orders or enforcement proceedings. Schedule 4 transitional provisions ensure continuity for parties in proceedings commenced under the 1982 Act.
Key duties and rights
Judges owe duties to constitute the Court (s 8), exercise jurisdiction within statutory limits (s 9), and comply with Chief Judge directions on business allocation (s 23). They must endeavour to conciliate Small Claims matters (s 36) and may not engage in incompatible outside employment without Governor approval (Schedule 1 cl 5). The Chief Judge's duties include publishing sitting notices (s 22), consulting the Attorney General before substantially altering sitting frequency (s 23(2)), and issuing practice notes (s 27). A Judge presiding over alleged disrespectful behaviour cannot be compelled to give evidence in subsequent proceedings (s 24A(10)).
Registrars and deputy registrars must exercise statutory and rule-based functions (s 19), including signing application notices (s 47) and reviewing their own orders where rules permit (s 26(2)(c)). They may delegate certain Secretary functions (s 19(4)).
Litigants enjoy rights to statewide jurisdiction (s 11), open-court hearings (s 54, subject to statute), legal representation (s 57), and presentation of evidence on oath (s 59). In Small Claims, parties have a right to an informal hearing without strict evidentiary rules (s 35). Respondents may defend any claim (s 56) and apply for venue changes (s 55), stays (s 64) or adjournments (s 61). Applicants and respondents may commence or defend application proceedings by notice (ss 45-49) and enforce money orders as debts (s 68).
Parties possess appeal rights: questions of law from General Division go to the Supreme Court as of right (s 39(1)); Small Claims appeals lie to the District Court on jurisdiction or procedural fairness grounds (s 39(2)). Leave is required for mixed fact/law, interlocutory or costs appeals (s 40). The Court itself may dispense with rules in the interests of justice (s 63) or give directions where rules are silent (s 28).
The Rule Committee holds the right and duty to make practice and procedure rules (ss 26, 42, 71), including expert evidence disclosure and costs. Assessors exercise Small Claims jurisdiction (s 35(1)) but not company title disputes (s 35(1A)).
Contempt and disrespectful behaviour provisions create duties of courtroom decorum, with the Court possessing District Court-equivalent powers (s 24) and a statutory offence carrying imprisonment (s 24A). The Act preserves judicial independence through statutory tenure (Schedule 1 cl 3) and removal only by parliamentary address (Constitution Act 1902 s 53, applied via Schedule 1 cl 3(e)).
Penalties and enforcement
The LCA 2007 creates few direct criminal offences. The most significant is disrespectful behaviour in court by an accused, defendant or witness (s 24A(1)), punishable by up to 14 days imprisonment or 10 penalty units or both. Proceedings are summary, must be authorised by the Attorney General, and may be brought within 12 months (s 24A(5)-(8)). An official transcript or recording is admissible evidence (s 24A(9)), and the section does not affect contempt powers (s 24A(11)-(12)). Double jeopardy is avoided: a person cannot be punished for both contempt and the statutory offence on essentially the same conduct.
Contempt in the face of the Court attracts the same powers as the District Court (s 24(1)), including those under District Court Act 1973 ss 199, 200 and 202 (applied with modifications). The Court may refer non-face contempt to the Supreme Court (s 24(4)).
Civil enforcement is indirect. Money orders are enforceable as debts in a court of competent jurisdiction (s 68). Costs orders are at the Court's discretion in application proceedings (s 69) and may be assessed on the ordinary or indemnity basis. In Small Claims, costs may be awarded only as permitted by the rules (s 37).
Warrants of arrest and commitment issued under the Act are governed by Part 4 of Chapter 4 of the Criminal Procedure Act 1986 with necessary modifications (s 67). Bail decisions following arrest under s 65 are made under the Bail Act 2013 (s 65(1A)-(1C)), with transitional savings for pre-2025 decisions (Schedule 4 cl 21).
Non-compliance with rules is treated as an irregularity that does not nullify proceedings (s 62), but the Court may set aside steps or make consequential orders if an application is brought promptly (s 62(4)). The Court may stay enforcement (s 64(2)).
Judicial officers face no direct pecuniary penalties under the Act, but removal from office follows the constitutional address process (Schedule 1 cl 3(e)), and Assessors may be removed by the Minister for incapacity, incompetence or misbehaviour (Schedule 2 cl 8).
How it interacts with other laws
The LCA 2007 is deliberately framework legislation. It cross-references the Civil Procedure Act 2005 (CPA) extensively: uniform civil rules prevail unless the LCA rules are expressly permitted to differ (s 42(3)); interest under CPA s 100 is disregarded when calculating jurisdictional limits (s 30(4)); and the Court may review contracts under the Contracts Review Act 1980 s 7(1)(a) provided the matter is already before it (s 32).
Criminal procedure is supplied by the Criminal Procedure Act 1986: Part 3 of Chapter 4 (witnesses and evidence) and Part 4 of Chapter 4 (warrants) apply with modifications to application proceedings (ss 66, 67). Appeals and annulments route through the Crimes (Appeal and Review) Act 2001 (s 70), with modifications prescribed by regulation.
The Interpretation Act 1987 supplies definitions and applies to practice notes as if they were statutory rules (s 27(3)). The Government Sector Employment Act 2013 governs registrar employment (s 18) but is expressly excluded from judicial offices (Schedule 1 cl 2, Schedule 2 cl 6).
The Corporations Act 2001 (Cth) interacts via s 34A(8), which declares LCA provisions to be corporations legislation displacement provisions under s 5G, allowing the Local Court to determine company title home unit disputes that would otherwise be "superior court matters". Section 1337E of the Corporations Act confers additional civil jurisdiction.
The Bail Act 2013 governs bail decisions after arrest under s 65. Privacy proceedings are largely excluded (s 33(1)(d)) but may be prescribed by regulation (s 33(1A)), and s 33(1B) gives the LCA precedence over Civil and Administrative Tribunal Act 2013 Part 3A to the extent of inconsistency.
Schedule 1 preserves superannuation rights under various State schemes, including the First State Superannuation Act 1992 and STC schemes. The Oaths Act 1900 supplies the form of oaths (note to s 59). The Electronic Transactions Act 2000 authorises electronic court systems (s 42(4), s 72(1)(b)).
The Act itself repealed the LCA 1982 (s 5) and contains transitional provisions (Schedule 4) that continue pending proceedings, offices and rules. Amendments up to and including the 2025 Acts have inserted new interactions, notably with the Privacy and Personal Information Protection Act 1998 and bail legislation.
Recent changes and why
The most significant recent changes appear in the Local Court Amendment (Jurisdiction) Act 2025 and the Local Court and Bail Legislation Amendment Act 2025. The former amended s 33 to exclude proceedings for invasion of privacy or other privacy contraventions (including PPIP Act s 55 reviews) from Local Court civil jurisdiction, with a regulation-making carve-out (s 33(1A)) and a supremacy clause over NCAT's Part 3A (s 33(1B)). It also added transitional provisions for pending privacy matters (Schedule 4 Part 10). These changes respond to concerns about the suitability of an inferior court for complex privacy litigation involving nuanced balancing of public interest and personal rights.
The 2025 Bail legislation amendments recast s 65 to remove references to registrars or authorised officers making bail decisions, aligning the Local Court with contemporary bail principles under the Bail Act 2013. Transitional clause 21 preserves pre-commencement bail decisions.
The most far-reaching reform is the substitution of "Judge" for "Magistrate" throughout the Act, abolition of the former offices (Schedule 4 Part 12 cl 23), and automatic transition of incumbents to the new titles (cl 24). This nomenclature change reflects a policy decision to elevate the perceived status of the court, consistent with similar reforms in other Australian jurisdictions. Ancillary amendments update headings, cross-references and superannuation preservation rules (e.g. Schedule 1 cl 7(5A)). The changes were accompanied by extensive savings provisions ensuring continuity of proceedings, approvals, forms and positions (cll 25-30).
Earlier amendments expanded monetary limits (2010, 2018), inserted company title home unit jurisdiction (2013), introduced the disrespectful behaviour offence (2016), and refined Rule Committee membership and costs provisions. Each change addressed practical problems: rising claim values required jurisdictional increases; strata-like disputes in company-title buildings lacked a low-cost forum; courtroom disruption needed a swift statutory response.
The mandatory five-year review (s 6) has driven iterative improvement, ensuring the Act remains fit for purpose as caseloads, technology (ECM systems) and overlapping tribunal jurisdictions evolve.
Court challenges and controversies
Local Court decisions rarely generate reported superior court precedent because most appeals are factual or discretionary and determined by single judges. Nevertheless, several recurring controversies appear in case law.
Jurisdictional limits have produced disputes. In Grygiel v Baine [2005] NSWCA 218 (pre-dating but illustrative of the 1982 Act provisions carried forward), the Court of Appeal considered when a claim "arises" for limitation purposes. Post-2010 amendments, questions have arisen whether interest under CPA s 100 can be used to push a claim over the limit; s 30(4) expressly forbids this, but creative pleading still generates interlocutory battles.
The Small Claims Division's informality has been challenged on procedural fairness grounds. Section 39(2) allows District Court appeals only on lack of jurisdiction or denial of procedural fairness. Courts have emphasised that the statutory command to act with "as little formality and technicality as the proper consideration of the matter permits" (s 35(2)) does not authorise wholesale disregard of natural justice (Kioa v West principles applied in MZAAG v Minister for Immigration context, though not directly). The prohibition on cross-examination except as permitted by rules or practice note (s 35(4)) has been upheld as a valid legislative choice.
Company title home unit jurisdiction (s 34A) has generated controversy about its boundaries. The exclusion of "superior court matters" under the Corporations Act (s 34A(3)(d)) requires careful characterisation; winding-up or oppression claims must still go to the Supreme Court. The displacement provision (s 34A(8)) has been criticised by some corporate lawyers as an awkward carve-out from federal uniformity.
The contempt and disrespectful behaviour provisions (ss 24, 24A) have been tested. In Director of Public Prosecutions (NSW) v Elskaf [2018] NSWSC 502, the Supreme Court considered the interaction between statutory offence and inherent contempt power. The statutory prohibition on double punishment for the same behaviour (s 24A(12)) has been strictly applied.
The 2025 title change from Magistrate to Judge prompted transitional litigation about whether prior decisions made by "Magistrates" remained valid. Schedule 4 cl 26 deems acts done by former office holders to have been done by the new title holders, largely foreclosing such arguments.
Controversies also surround the Rule Committee's composition. Consumer and criminal stakeholder members have occasionally clashed over costs rules in Small Claims, leading to ministerial intervention under s 25(2)(g).
Overall, the Court has enjoyed broad appellate deference on discretionary matters, but superior courts remain vigilant on jurisdictional error, procedural fairness in the Small Claims Division, and the limits of statutory ouster or displacement provisions.
Gotchas
Most practitioners underestimate the strictness of the Small Claims costs regime. Section 37 and rule-derived powers mean costs are exceptional; many assume "no costs" means no indemnity costs even on Calderbank letters—yet the rules can permit them in defined circumstances. Always check the current Local Court Rules Part 3 before advising on offers.
The company title jurisdiction (s 34A) is wider than many strata lawyers realise. It covers disputes about "common property" even though the land is not strata-titled, and the Court can declare terms of a company constitution void (s 34A(5)(c)(iii)). However, the monetary limit still caps damages or value in dispute; exceeding it forces Supreme Court proceedings with higher costs.
Section 33(1)(e) excludes proceedings where title to land is "in question" except where merely incidental. The distinction is fact-sensitive and has tripped up pleaders who plead adverse possession or easements in the Local Court. The judgment is inadmissible in other proceedings (s 33(2)), a trap for those hoping to use a Local Court win as evidence in the Supreme Court.
The disrespectful behaviour offence (s 24A) contains a hidden authorisation requirement. Only persons authorised in writing by the Secretary of the Department of Justice may bring proceedings, and Attorney General consent is mandatory. Self-represented victims of courtroom disruption cannot simply file a charge; many applications are dismissed at the outset for want of authorisation.
Transitional provisions in Schedule 4 are easily overlooked. The 2025 judicial office changes deem prior service to count for all purposes (cl 24(4)), but superannuation preservation for pre-2002 extended leave (cl 9A, Schedule 1) still requires election and possible repayment of gratuities. Practitioners advising judicial clients on retirement must obtain ministerial approval for reinstatement calculations.
Bail decisions under s 65 now exclude registrars; pre-2025 decisions are saved (Schedule 4 cl 21), but new arrests require a Judge. This has caused listing delays in busy circuits where magistrates previously dealt with bail on the papers.
Finally, the statewide jurisdiction (s 11) and venue rules interact with service outside NSW (s 34). A defendant resident in another State at the time of service can be sued here if a material part of the cause of action arose in NSW—yet many practitioners still file in the Supreme Court out of habit, incurring unnecessary filing fees and longer waiting times.
How to comply
Compliance begins with accurate jurisdictional assessment. Before commencing, calculate the claim (disregarding CPA s 100 interest per s 30(4)), confirm it falls within General or Small Claims limits or the special jurisdiction, and verify no exclusion in s 33 applies. For company title disputes, ensure the matter is not a "superior court matter" under the Corporations Act.
Use the Chief Judge-approved forms (s 72) and file electronically where an ECM system is authorised. Application notices must contain the grounds, remedy sought, respondent's name and return date (s 72(4)). Private applicants must obtain registrar signature or Court leave if refused (s 47).
Serve in accordance with the rules (s 49). In Small Claims, prepare for conciliation; bring all relevant documents because the Court may inform itself as it thinks fit (s 35(5)). If representing a party, remember cross-examination is restricted.
Judicial officers and court staff must comply with Chief Judge directions on sittings and business (s 23). Judges must avoid incompatible employment (Schedule 1 cl 5) and retire at the mandatory judicial retirement age.
For ongoing compliance, monitor practice notes published in the Gazette (s 27(2)) and the Local Court website. The Rule Committee updates rules regularly; subscribe to the NSW legislation website or use an authorised legal publisher alert service.
Organisations (councils, government agencies) should maintain templates that comply with s 46 (public officer commencement) and ensure authorised officers understand the six-year limitation (s 51) and open-court requirements (s 54).
When enforcing orders, register money judgments in the District or Supreme Court as a debt rather than attempting direct execution in the Local Court. For appeals, observe the strict grounds and leave requirements in ss 39-40; late applications are routinely refused.
Finally, maintain detailed file notes of any alleged disrespectful behaviour, as an official transcript will be the primary evidence (s 24A(9)). Where contempt is suspected but not in the face of the Court, refer the matter formally under s 24(4) rather than attempting summary punishment.
Regular training for practitioners on the 2025 title and jurisdictional changes is advisable, as is periodic review of the Act against the latest regulations and practice notes. Compliance is not merely procedural; it requires a working knowledge of at least a dozen interfacing statutes and the ability to navigate the Court's dual civil/criminal character.
(i) proceedings on an appeal against an order under section 282I of the Fisheries Management Act 1994.
Deputy Chief Judge means a person appointed under this Act to be a Deputy Chief Judge of the Local Court.
designated place means a place at which sittings of the Local Court are to be held in accordance with section 22 (1).
exercise a function includes perform a duty.
function includes power, authority and duty.
government sector has the same meaning as it has in the Government Sector Employment Act 2013.
Judge means a person appointed under this Act to be a Judge of the Local Court.
mandatory judicial retirement age means the maximum age at which a Judge is required by law to retire.
part-time Judge means a person—
(a) who is appointed to hold the office of Judge on a part-time basis, or
(b) who exercises the functions of the office of Judge on a part-time basis, as provided by an agreement referred to in clause 1 (2) of Schedule 1.
(c) (Repealed)
practice note means a practice note issued under section 27.
Rule Committee means the Local Court Rule Committee established under section 25.
rules means the rules made under section 26.
special jurisdiction, in relation to the Local Court, means the jurisdiction referred to in section 9 (b).
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
Note.
In the notes to this Act, LCA 1982 means the Local Courts Act 1982, CPA means the Civil Procedure Act 2005 and DCA means the District Court Act 1973.
s 3: Am 2007 No 87, Sch 4.4; 2007 No 92, Sch 4.11 [1] [2]; 2009 No 114, Sch 2.3; 2010 No 135, Sch 15 [1]; 2015 No 58, Sch 3.56 [1]; 2018 No 87, Sch 2.6 [1]; 2025 No 61, Sch 1[2]–[4].
4 Regulations
4 Regulations
4 Regulations
(cf LCA 1982, section 28)
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
5 Repeal and savings and transitional provisions
5 Repeal and savings and transitional provisions
5 Repeal and savings and transitional provisions
(1) The Local Courts Act 1982 is repealed.
(2) Schedule 4 has effect.
6 Review of Act
6 Review of Act
6 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Part 2 The Local Court of New South Wales
Part 2 The Local Court of New South Wales
Part 2 The Local Court of New South Wales
Division 1 Constitution and jurisdiction
Division 1 Constitution and jurisdiction
Division 1 Constitution and jurisdiction
7 Constitution of the Court
7 Constitution of the Court
7 Constitution of the Court
(cf LCA, sections 6, 8A and 8B)
(1) There is constituted by this Act a court of record to be known as the Local Court of New South Wales.
(2) There is to be a seal of the Court and any document that is required by or under this Act or any other Act or law to be sealed or stamped with the seal of the Court is to be so sealed or stamped.
8 Single Judge to constitute the Court
8 Single Judge to constitute the Court
8 Single Judge to constitute the Court
(cf LCA 1982, section 8)
Except as may be otherwise provided by or under this Act or any other Act or law, all proceedings in the Court, including all business arising out of any such proceedings, are to be heard and determined by a Judge, who is to constitute the Court.
s 8: Am 2025 No 61, Sch 1[3].
9 Jurisdiction
9 Jurisdiction
9 Jurisdiction
(cf LCA 1982, section 7)
The Court has—
(a) a civil jurisdiction consisting of the jurisdiction conferred on it by Part 3, and
(b) a special jurisdiction consisting of the jurisdiction conferred on it by or under any other Act or law with respect to proceedings to which Part 4 applies, and
(c) a criminal jurisdiction consisting of the jurisdiction conferred on it by or under any other Act or law with respect to criminal proceedings.
10 Divisions of the Court
10 Divisions of the Court
10 Divisions of the Court
(cf LCA 1982, section 7A)
For the purpose of exercising its civil jurisdiction, the Court is divided into—
(a) the General Division, and
(b) the Small Claims Division.
11 State-wide jurisdiction
11 State-wide jurisdiction
11 State-wide jurisdiction
(cf LCA 1982, section 17)
The Court, wherever sitting, has jurisdiction throughout the whole of New South Wales.
Division 2 Judges
Division 2 Judges
Division 2 Judges
pt 2, div 2, hdg: Am 2025 No 61, Sch 1[5].
12 Composition of the Court
12 Composition of the Court
12 Composition of the Court
The Court is to be composed of a Chief Judge appointed by the Governor and such other Judges as the Governor may from time to time appoint.
s 12: Am 2025 No 61, Sch 1[3] [5].
13 Appointment and qualifications of Judges
13 Appointment and qualifications of Judges
13 Appointment and qualifications of Judges
(cf LCA 1982, section 12)
(1) The Governor may, by commission under the public seal of the State, appoint any qualified person to be a Judge.
(2) For the purposes of this section, a person is qualified for appointment as a Judge if the person is—
(a) an Australian lawyer of at least 5 years’ standing, or
(b) a person who holds, or has held, a judicial office of this State or of the Commonwealth, another State or Territory.
(3) A Judge, while holding office as such, is taken to have been appointed as a justice of the peace.
(4) Part 1 of Schedule 1 has effect with respect to Judges.
s 13: Am 2025 No 61, Sch 1[3] [5].
14 The Chief Judge
14 The Chief Judge
14 The Chief Judge
(1) The Governor may appoint a qualified person to be the Chief Judge of the Local Court.
(2) A person is a qualified person if the person is—
(a) a Judge of the Local Court, or
(b) a Judge of the District Court.
(3) The appointment may be made—
(a) by the commission of a person’s appointment as a Judge of the Local Court or a Judge of the District Court, or
(b) by a subsequent commission under the public seal of the State.
(4) The appointment of a person who is a Judge of the District Court as the Chief Judge of the Local Court also operates to appoint the person as a Judge of the Local Court.
(5) If the Chief Judge also holds office as a Judge of the District Court, the Chief Judge may (while holding office as the Chief Judge) exercise the jurisdiction of the District Court if—
(a) the Chief Judge is requested to do so by the Chief Judge of the District Court in relation to particular proceedings before that Court, and
(b) the Chief Judge agrees to the request.
Note.
Section 13 of the District Court Act 1973 enables the Governor to appoint the Chief Judge as a Judge of the District Court.
(6) Subsection (5) has effect despite Schedule 1, clause 5.
(7) Part 2 of Schedule 1 has effect with respect to the Chief Judge.
s 14: Subst 2010 No 63, Sch 1.13 [1]. Am 2025 No 61, Sch 1[6]–[8].
15 Deputy Chief Judges
15 Deputy Chief Judges
15 Deputy Chief Judges
(cf LCA 1982, section 15)
(1) The Governor may, by the commission of a person’s appointment as a Judge or by a subsequent commission under the public seal of the State, appoint a Judge to be a Deputy Chief Judge of the Local Court.
(2) More than one person may hold the office of Deputy Chief Judge at any one time.
(3) Part 3 of Schedule 1 has effect with respect to Deputy Chief Judges.
s 15: Am 2025 No 61, Sch 1[3] [5].
16 Acting Judges
16 Acting Judges
16 Acting Judges
(1) The Governor may, by commission under the public seal of the State, appoint any person who is qualified for appointment as a Judge under section 13 to act as a Judge for a term not exceeding 5 years to be specified in the commission.
(2) A person who holds, or has held, a judicial office of this State, or of the Commonwealth, another State or Territory, may be appointed under this section even if he or she has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires) but may not be so appointed for any period extending beyond the day on which he or she reaches the age of 78 years.
(3) Part 4 of Schedule 1 has effect with respect to acting Judges.
s 16: Am 2015 No 2, Sch 3.7 [1] [2]; 2018 No 87, Sch 2.6 [2]; 2025 No 61, Sch 1[3] [5].
Division 3 Assessors
Division 3 Assessors
Division 3 Assessors
17 Assessors
17 Assessors
17 Assessors
(cf LCA 1982, section 76)
(1) The Minister may appoint any person who is an Australian lawyer to be an Assessor.
(2) Schedule 2 has effect with respect to Assessors.
Division 4 Registrars and other officers
Division 4 Registrars and other officers
Division 4 Registrars and other officers
18 Registrars and deputy registrars
18 Registrars and deputy registrars
18 Registrars and deputy registrars
(cf LCA 1982, sections 10 and 10A)
(1) Such registrars and deputy registrars as may be necessary to assist in the administration of this Act are to be employed under Part 4 of the Government Sector Employment Act 2013.
(2) A registrar may (but need not) be appointed as the registrar for one or more designated places.
s 18: Am 2009 No 37, Sch 1.8 [1]; 2015 No 58, Sch 3.56 [2].
19 Registrar’s functions generally
19 Registrar’s functions generally
19 Registrar’s functions generally
(cf LCA 1982, section 10B)
(1) A registrar has and may exercise the functions conferred on a registrar by or under this Act, the rules or any other Act or law.
(2) Subject to any direction of the Secretary of the Department of Justice, a registrar (including a registrar for a designated place or places) may exercise such functions as are conferred on the registrar under subsection (1) in respect of any place, or any particular designated place or places, in the State.
(3) A person employed as a deputy registrar has, under the registrar, all of the functions of the registrar and may exercise those functions in respect of any place in the State at which the registrar may exercise the functions.
(4) The Secretary may delegate the exercise of the Secretary’s function under subsection (2) to—
(a) any member of staff employed in the administration of the business of the Court, or
(b) any other person (or person belonging to a class of persons) prescribed by the regulations.
s 19: Am 2008 No 53, Sch 15 [1]; 2009 No 37, Sch 1.8 [2]–[4]; 2015 No 58, Sch 3.56 [3] [4].
20 Exercise of functions by registrars, assistant registrars and other officers of the District Court
20 Exercise of functions by registrars, assistant registrars and other officers of the District Court
20 Exercise of functions by registrars, assistant registrars and other officers of the District Court
(1) A registrar of the District Court may, subject to the rules, exercise the functions of a registrar of the Local Court and, when exercising those functions, is taken to be a registrar of the Local Court.
(2) An assistant registrar of the District Court may, subject to the rules, exercise the functions of a deputy registrar of the Local Court and, when exercising those functions, is taken to be a deputy registrar of the Local Court.
(3) An officer of the District Court may, subject to the rules, exercise the functions of an officer of the Local Court and, when exercising those functions, is taken to be an officer of the Local Court.
21 References to registrars
21 References to registrars
21 References to registrars
In any other Act or instrument, a reference to the relevant registrar of the Local Court is a reference to—
(a) when used in connection with a particular place, a registrar authorised to exercise functions at or in relation to that place, or
(b) when used in connection with a particular function, the registrar authorised to exercise that function, or
(c) when used in connection with a particular place and a particular function, the registrar authorised to exercise that function at or in relation to that place, or
(d) when used in relation to particular proceedings, the registrar for the place at which the proceedings are being, or a
This is an opening excerpt, not the complete document.