What the Local Court of New South Wales does
The Local Court is a court of summary jurisdiction presided over by Magistrates. It is where almost all criminal prosecutions in NSW start, and where the large majority of criminal and civil matters are also finalised. In its criminal role it hears summary (less serious) offences and deals with the early, preliminary stages of more serious indictable offences - including charge certification and case conferencing - before they move up to the District or Supreme Court. In its civil role it decides disputes and debt claims up to $100,000, split into a Small Claims Division (up to $20,000) and a General Division ($20,000 to $100,000). The same court also sits in specialist guises, including as the Children's Court and the Coroner's Court. It operates from more than 160 locations across NSW, with the Downing Centre in Sydney being the principal city registry.
What it hears
- Summary criminal offences, and the early/preliminary stage of indictable offences (a Magistrate can impose up to 2 years' imprisonment for a single offence)
- Traffic and driving matters, including drink and drug driving, licence offences and speeding
- Civil disputes and debt claims up to $100,000 - Small Claims Division (up to $20,000) and General Division ($20,000 to $100,000)
- Apprehended Violence Orders (AVOs), covering both domestic and personal violence orders
- Bail applications and applications to vary bail conditions
- Family-law and child-related applications, and care matters dealt with through the Children's Court
- Some industrial matters and limited family-law property and residence applications in the court's specialist jurisdictions
- Coronial inquests and inquiries into deaths and fires through the Coroner's Court
Before your first court date
For a criminal matter, things usually begin with a Court Attendance Notice (CAN) issued by police, which sets out the charge and tells you the date, time and place of your first court appearance. Read it carefully and note the court location, because the Local Court sits at more than 160 venues. Before the day, decide whether you intend to plead guilty or not guilty, and arrange representation or get legal advice if you can. If you are on bail, check your bail conditions, as you will generally have to attend in person unless you are excused. For minor matters where you are not on bail, it is sometimes possible to lodge a "Written Notice of Pleading" instead of attending the first date. Civil matters generally start with a filed claim and a defence rather than a CAN.
What happens at your first appearance
When you arrive, check the daily court list (usually displayed on screens or noticeboards) to find which courtroom your matter is in, and let the court officer know you are present. A first criminal appearance is typically a "mention" rather than a full hearing: the Magistrate asks whether you plead guilty or not guilty, deals with bail and whether you have a lawyer, and sets the next step. If you plead guilty, the matter is often finalised that day - the prosecutor reads the facts and any prior record, you (or your lawyer) can speak to the Magistrate about penalty, and a sentence is imposed. If you plead not guilty, the matter is adjourned to a later defended hearing, with directions about the evidence and witnesses each side must serve. If you are on bail and do not attend, the matter can be dealt with in your absence or a warrant may be issued.
What to prepare
- Your Court Attendance Notice or court documents, showing the charge or claim and the date, time and location
- Photo identification and any reference number for your matter
- A clear decision on your plea (guilty or not guilty), and any questions you want to raise
- For sentencing: character references, proof of any counselling or courses, and details of your personal and financial circumstances
- For a not-guilty plea: a list of your witnesses and any documents or evidence supporting your version of events
- Details of your lawyer or any legal service assisting you, and contact details if you need an interpreter
When to get legal advice
The information here is general legal information, not legal advice about your situation. Talking to an admitted Australian lawyer is worth it whenever a conviction, fine, licence loss or jail term is possible, when you are unsure how to plead, when bail is in issue, or when a civil claim involves a significant amount of money. A lawyer can explain how the law applies to your facts, prepare your material, and speak for you in court. If you would like tailored advice, you can book a fixed-fee consultation with an admitted Australian lawyer through legal-hotline.com.
Where it is
Downing Centre Local Court, Level 4, Downing Centre, 143-147 Liverpool Street, Sydney NSW 2000 (postal: PO Box A4, Sydney South NSW 1235; telephone 1300 679 272). This is the principal Sydney registry, and the Local Court sits at more than 160 locations across NSW, so always check your own court documents for the correct venue. The Downing Centre is in the Sydney CBD opposite Museum Station and a short walk from Town Hall Station, with city buses nearby; arrive early to allow time for security screening and to find your courtroom.
Frequently asked questions
Are there juries in the Local Court?
No. The Local Court is run by Magistrates who decide matters on their own, without a jury. Jury trials only happen in the higher courts, such as the District Court and Supreme Court, for serious indictable offences.
How serious a penalty can a Magistrate impose?
For a single offence, a Magistrate in the Local Court can impose up to 2 years' imprisonment. Where someone faces multiple offences, the total can be higher. More serious matters that warrant heavier penalties are dealt with in the District or Supreme Court after the preliminary stage in the Local Court.
What is the difference between a mention and a hearing?
A mention is a short appearance where the Magistrate checks the status of your matter, takes your plea, deals with bail and representation, and sets the next step. A hearing (also called a defended hearing) is the longer listing where evidence and witnesses are presented and the matter is actually decided after a not-guilty plea.
I got a Court Attendance Notice - what do I do?
Read it carefully to find the charge and the date, time and location of your first appearance. Decide whether you intend to plead guilty or not guilty, get legal advice if you can, and make sure you attend on the date listed (or arrange representation). For some minor matters where you are not on bail, you may be able to lodge a Written Notice of Pleading instead of attending.
How much can the Local Court deal with in a civil claim?
The Local Court can hear civil disputes and debt claims up to $100,000. Claims up to $20,000 go through the Small Claims Division, which uses a simpler and less formal procedure, while claims between $20,000 and $100,000 are dealt with in the General Division.
What happens if I do not turn up to court?
If you are on bail and are required to attend, not appearing can mean the matter is dealt with in your absence or a warrant is issued for your arrest. If you genuinely cannot attend on the day, get legal advice quickly, as in some situations a lawyer can appear for you or seek an adjournment.
Do I need a lawyer for the Local Court?
You are allowed to represent yourself, but legal advice is strongly worth considering whenever a conviction, fine, licence loss or jail is possible, when you are unsure how to plead, or when bail or a significant civil claim is involved. A lawyer can explain how the law applies to your facts and speak for you in court. You can book a fixed-fee consultation with an admitted Australian lawyer through legal-hotline.com.
Is the Downing Centre the only Local Court?
No. The Downing Centre is the principal Sydney registry, but the Local Court sits at more than 160 locations across NSW. Always check your Court Attendance Notice or court documents to confirm which court your matter is listed at.