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New South Wales · Civil Litigation

How to start a civil claim in the Supreme Court of NSW

In short

To start a civil claim in the Supreme Court of NSW, draft a Statement of Claim or Summons under the Uniform Civil Procedure Rules 2005 (NSW), file via the NSW Online Registry, pay the filing fee, and serve within six months. The Supreme Court has unlimited civil jurisdiction and is generally used for claims over $750,000, equitable relief, and complex matters.

Who: Plaintiffs with significant NSW civil claims, including commercial disputes, equitable relief, family provision, and judicial review.
Where: Supreme Court of NSW, 184 Phillip Street, Sydney. Filing is electronic via the NSW Online Registry.
Time: Defended matters typically reach hearing in 12–24 months; complex commercial or equity matters can take 2–3 years.
Fees: NSW Supreme Court filing fees scale by party type (individual, corporation, publicly listed) and are the highest tier in NSW civil jurisdiction.
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Legal basis

The framework

Supreme Court Act 1970 (NSW); Civil Procedure Act 2005 (NSW); Uniform Civil Procedure Rules 2005 (NSW); Supreme Court Practice Notes.

10 steps

The process

1

Confirm Supreme Court jurisdiction

The Supreme Court has unlimited civil jurisdiction. It is usually the correct forum for claims above $750,000, equitable remedies, probate, admiralty, corporations, and judicial review.

You
2

Choose Division and List

Select between the Common Law Division and Equity Division. Specialist Lists include Commercial, Technology & Construction, Corporations, and Family Provision.

You
3

Comply with pre-action conduct

Sections 56–59 of the Civil Procedure Act 2005 (NSW) impose the overriding purpose. Send a letter of demand and attempt genuine resolution before filing.

You
4

Draft originating process

Prepare a Statement of Claim (factual disputes) or Summons (declaratory and statutory relief) complying with UCPR Part 6 and Part 14 pleading rules.

You
5

File via the NSW Online Registry

File electronically through the NSW Online Registry and pay the Supreme Court filing fee, which is the highest tier in NSW civil jurisdiction.

You
6

Serve the defendant

Serve within six months of filing under UCPR Part 10. Personal service is required on individuals. Use UCPR Part 11 for overseas service.

You
7

Manage defendant response

The defendant has 28 days to file a defence to a Statement of Claim, or file a notice of appearance to a Summons. Default judgment is available under UCPR Part 16 if undefended.

Defendant
8

Attend directions hearings

The Supreme Court actively case manages. Expect directions on pleadings, discovery, expert evidence, and witness statements under the relevant Practice Note.

Supreme Court
9

Prepare for mediation or hearing

Part 4 of the Civil Procedure Act 2005 (NSW) permits court-ordered mediation. Make Calderbank or offers of compromise under UCPR Part 20 to shift costs risk.

You / Defendant
10

Trial, judgment, appeal

Trial is before a single Supreme Court judge. Appeals go to the NSW Court of Appeal. Costs generally follow the event under UCPR Part 42.

Supreme Court
Forms required

Forms and templates

Avoid these mistakes

Common mistakes

  • Starting in the Supreme Court when the District Court (up to $750,000) is the correct forum
  • Choosing the wrong Division or specialist List
  • Pleadings that do not comply with UCPR Part 14
  • Missing the six-month service period under UCPR Part 10
  • Overlooking the overriding purpose in sections 56–59 of the Civil Procedure Act 2005 (NSW)
Use with Quillio

Get this process right with Quillio

Quillio can draft a compliant Statement of Claim or Summons, prepare a case management timetable, and check pleadings against UCPR Part 14. See /practice-areas/litigation-lawyers or start a free trial.

General information only, not legal advice. Supreme Court litigation carries significant cost risk. Engage NSW litigation counsel before filing.

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