Civil Law in Australia

What is the difference between civil law and criminal law?

Criminal law deals with offences against the state — the police or a prosecutor brings the case, and the standard of proof is beyond reasonable doubt. Civil law deals with disputes between parties (people, businesses or government) over things like contracts, debts, negligence, property and defamation. In a civil case the person bringing the claim, called the plaintiff, only has to prove it on the balance of probabilities, and the usual outcome is money (damages) or a court order rather than a criminal penalty.

Is my dispute a federal matter or a state matter?

It depends on the law involved. Disputes under Commonwealth statutes — consumer and competition law, intellectual property, corporations and bankruptcy — are generally heard in the federal courts, such as the Federal Court of Australia. Most other civil disputes are heard in state or territory courts, which have a three-tier hierarchy of Local/Magistrates, District/County and Supreme courts. Because the same kind of claim can be handled differently depending on where you live, it is worth confirming which system applies to you.

How long do I have to start a civil claim?

Strict limitation periods apply, and they vary by claim type and by state. As a rough guide it is commonly six years for contract and most torts, around three years for personal injury (sometimes with a long-stop of about twelve years), and one year for defamation, set by statutes like the Limitation Act 1969 (NSW). If you miss the deadline the claim is usually barred unless a court grants an extension, so check the time limit for your situation early rather than later.

Do I have to go to court, or is there a cheaper option?

Often there is. Many everyday disputes — tenancy, consumer and trader complaints, building work, guardianship — can go to a state tribunal such as NCAT, VCAT or QCAT. Tribunals are less formal, cheaper, often run without lawyers, and have limited power to order one side to pay the other's costs. Courts also expect parties to try mediation or other dispute resolution before trial, so many matters settle without a hearing at all.

If I lose, will I have to pay the other side's legal costs?

In court proceedings, usually yes — at least in part. The general rule is that costs follow the event, meaning the unsuccessful party is ordinarily ordered to pay a portion of the winner's legal costs on top of their own. That is one reason litigation is risky and why settling or using a tribunal (where costs orders are limited) can be sensible. A lawyer can give you a realistic view of the likely costs exposure for your specific matter.

Can Legal Hotline give me legal advice on my case?

We give free legal information, not legal advice. We can explain how civil law works, the difference between courts and tribunals, limitation periods and the usual steps in a claim, which helps you understand your options. Legal Hotline is operated by Platfirm AI and is not a law firm. When you need advice on your specific facts — what to do and how strong your case is — we can help you book a fixed-fee consultation with an admitted Australian lawyer.