What the Supreme Court of New South Wales does
As a superior court of record, the Supreme Court has unlimited civil jurisdiction (it can hear claims of any value) and deals with the gravest criminal offences. Its work at first instance is divided into two main divisions: the Common Law Division handles civil claims, serious criminal trials and administrative law, while the Equity Division deals with equity, commercial, corporate, probate, admiralty and protective matters. Appeals are handled separately by the Court of Appeal (civil) and the Court of Criminal Appeal (criminal), and the court also exercises an inherent supervisory jurisdiction over lower courts and tribunals.
What it hears
- Serious indictable criminal trials such as murder and other grave offences (Common Law Division)
- Major civil litigation and large damages claims, including disputes above the District Court limit and claims of unlimited value
- Appeals from the District Court, Local Court, single Supreme Court judges and certain tribunals (Court of Appeal and Court of Criminal Appeal)
- Equity, commercial, corporate and insolvency matters (Equity Division)
- Probate, administration of estates, and contested wills and family provision claims
- Admiralty matters and protective matters such as guardianship and financial management
- Administrative law and judicial review of government decisions
- Class actions and representative proceedings
Before your first court date
Most proceedings begin by filing an originating process through the NSW Online Registry: a statement of claim or summons for civil matters, while serious criminal matters are committed or indicted up from the lower courts. Filing fees apply, and the originating document must be properly served on the other parties. Before the first listed date, parties exchange and serve documents, and the matter is allocated to the relevant division and list (for example a specialist list in Common Law or Equity), with directions set for how the case will be run.
What happens at your first appearance
A first appearance is usually a directions hearing or first return date, not a final hearing. The registrar or judge checks that documents have been served, sets a timetable for pleadings and evidence, and may refer the parties to mediation rather than deciding the dispute that day. Arrive early, check the daily court list to find your courtroom, and be ready to tell the court whether you are ready to proceed, your estimated hearing length, and any interlocutory (preliminary) issues. Failing to appear can result in orders being made in your absence, so attend or arrange representation. Probate and some other applications can be dealt with largely on the papers through the registry, while contested or complex matters move on to a hearing before a judge or associate judge after the directions stage.
What to prepare
- Your originating process or response and any sealed (court-stamped) copies, along with proof that documents have been filed and served
- All documents and correspondence relevant to the dispute, kept in a clear, organised order
- A short written chronology of key dates and events, and a list of the orders or outcome you are seeking
- Any affidavits, witness statements or evidence you intend to rely on, prepared in the required form
- A realistic estimate of how long the hearing will take and notes on any preliminary issues to raise
- Photo identification and details of any lawyer acting for you; arrive early to clear building security and find your courtroom
When to get legal advice
Supreme Court matters are the most serious and complex in the NSW system, and the rules of procedure and evidence are demanding. The information on this page explains how the court generally works, but it cannot tell you what to do in your own case, what your prospects are, or how to frame your claim or defence. If you are facing a serious criminal charge, a large civil claim, an appeal, or a contested estate or commercial dispute, you should get advice from an admitted Australian lawyer as early as possible. Through Legal Hotline you can speak to our free service for general legal information at any time, and book a fixed-fee consultation with an admitted Australian lawyer when you need advice on your specific situation.
Where it is
Law Courts Building, 184 Phillip Street, Queens Square, Sydney NSW 2000 (on the corner of King and Macquarie Streets); the Supreme Court registry is on Level 5. Postal address: GPO Box 3, Sydney NSW 2001. The building is in central Sydney, a short walk from Martin Place and St James train stations and well served by city buses; allow extra time to pass through security on arrival.
Frequently asked questions
What is the difference between the Supreme Court and the District or Local Court?
The Supreme Court is the highest court in the NSW state system and has unlimited civil jurisdiction, so it hears the largest and most complex civil claims and the most serious criminal trials. The District and Local Courts handle less serious matters within set limits. The Supreme Court also hears appeals from those lower courts.
What is the difference between the Common Law Division and the Equity Division?
The Common Law Division generally deals with civil claims for damages, serious criminal trials and administrative law. The Equity Division deals with equity, commercial and corporate matters, probate and estates, admiralty and protective matters. Which division your case goes to depends on the type of dispute, and the registry allocates it when proceedings begin.
How do I start a case in the Supreme Court?
Most civil matters start by filing an originating process (a statement of claim or a summons) through the NSW Online Registry, paying the filing fee, and then serving the document on the other parties. Serious criminal matters are committed or indicted up from the lower courts rather than started directly. The right document and procedure depend on your situation, so consider getting legal advice before filing.
Where is the Supreme Court of NSW located?
The court sits in the Law Courts Building at 184 Phillip Street, Queens Square, Sydney NSW 2000, on the corner of King and Macquarie Streets. The Supreme Court registry is on Level 5. The postal address is GPO Box 3, Sydney NSW 2001.
Will my first court date be the final hearing?
Usually not. A first appearance is generally a directions hearing or first return date where the court checks service, sets a timetable and may refer the parties to mediation. The case is decided at a later hearing before a judge or associate judge, after the preliminary steps are completed.
Do I need a lawyer for the Supreme Court?
You are not always legally required to have a lawyer, but Supreme Court matters are serious and the rules of procedure and evidence are complex, so legal representation is strongly recommended. For serious criminal charges, large civil claims, appeals or contested estates, getting advice early can make a real difference. Legal Hotline can give you free general legal information and book a fixed-fee consultation with an admitted Australian lawyer.
Can I appeal a decision to the Supreme Court?
Yes. The Court of Appeal hears civil appeals and the Court of Criminal Appeal hears criminal appeals, including appeals from the District Court, the Local Court, single Supreme Court judges and certain tribunals. Appeals have strict rules and time limits, so it is important to act quickly and get advice about whether you have grounds to appeal.
What happens if I do not attend my court date?
If you are a party and you do not appear, the court may make orders in your absence, which can be adverse to you. If you cannot attend, arrange for a lawyer to appear for you or contact the registry as early as possible. Always check the daily court list on the day and arrive early to clear building security.