Supreme Court
New South Wales
REPRESENTING YOURSELF IN CIVIL PROCEEDINGS IN
THE SUPREME COURT OF NEW SOUTH WALES
1. INTRODUCTION
Everyone has the right to have their legal dispute resolved by a court or tribunal. Because the law is
complicated, it is generally better for people who are involved in a court case to have a lawyer (a solicitor
or barrister). But not everyone does.
This information:

Is for people who have a civil case in the Supreme Court of New South Wales and are not
represented by a lawyer. Such people are called “self-represented litigants”.

Explains the Court’s most important rules and procedures which must be followed by everyone,
whether or not they have a lawyer.

Refers to relevant Rules of Court and other helpful resources.

Does not give legal advice or replace the Rules.

Does not deal with criminal matters.

Is current as at March 2015.
COURT RULES
The Court’s Rules that you must follow when filing documents, preparing your evidence, appearing in
Court and taking any other step in a case in the Supreme Court are found in the Uniform Civil Procedure
Rules (UCPR) which can be found here or by searching for “Uniform Civil Procedure Rules NSW” on
www.austlii.edu.au/.
COURT FORMS
You must use approved Court Forms when filing any documents with the Court’s Registry. These forms
can be found at http://www.ucprforms.justice.nsw.gov.au/ or by clicking here. You can download the
forms to your computer, save them and then fill them in electronically. However, you must physically sign
documents with a pen.
PRACTICE NOTES
The Supreme Court Practice Notes give you useful information about particular aspects of procedure that
might be relevant to your case. These can be accessed on the Supreme Court website under the
“Practice and Procedure” tab or by clicking here.
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PRACTICAL INFORMATION
Practical information about the Supreme Court is provided in Section 23 below.
TERMINOLOGY
Section 24 is a dictionary of some of the technical terms used in this document.
FEEDBACK
The Court welcomes feedback about its services, including this document. Please send any comments or
suggestions in writing to:
The Principal Registrar
Supreme Court of NSW
GPO Box 3
SYDNEY NSW 2000
2. WHERE TO GET LEGAL ASSISTANCE
Court procedure can be complex. Although it is not necessary for you to be represented by a lawyer, if
you are commencing or otherwise involved in a case in the Supreme Court it is recommended that you
obtain legal assistance.
If you are unsure where to obtain legal assistance or are unable to pay, click here for information about
the different types of legal advice that may be available. For information about how to try to resolve your
dispute even before you start a court case, click here.
You can, at any time, change your mind and appoint a lawyer to represent you. If you do, you or your
lawyer must file a notice of that appointment with the Court and give a copy to each other party which has
been stamped by the Registry.
3. IS THE SUPREME COURT THE RIGHT PLACE FOR YOU?
Before taking any steps, it is first necessary to identify where you should start your case. There are a
number of courts and tribunals in this State, including the Local Court, the District Court, the Industrial
Court, the Land and Environment Court, the NSW Civil and Administrative Tribunal and other State
tribunals. There are also Commonwealth courts and tribunals. Each of them has its own website.
Examples of cases that can be brought in the Supreme Court include:

Claims for money or damages in excess of $750,000.

Claims in relation to wills or estates.

Cases where you require an order that someone stop doing or do something where you say you have
a legal right to such an order.

Disputes about the ownership, management or financial position of companies.
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
Matters about the possession of land.

Information about other courts and tribunals can be found on the Law Assist website at
http://www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_index.html or by clicking here.
4. ARE YOU OUT OF TIME?
Before you start your case, you should check that you are not out of time. Civil proceedings must be
started within a fixed period called a limitation period. After the limitation period has expired, the claim
usually cannot be brought.
5. YOUR DUTIES
ASSISTING A JUST, QUICK AND CHEAP RESOLUTION
Section 56 of the Civil Procedure Act 2005 (NSW) requires parties (including self-represented litigants) to
assist the Court to achieve the just, quick and cheap resolution of the real issues in the proceedings. It is
also desirable, and will help you meet this duty, if you make every reasonable attempt to resolve the
dispute with the other party before bringing the case to court.
BE POLITE
You should be polite to everyone that you encounter in the process of bringing a case to court and during
the hearing itself. This includes court staff, your opponent and their lawyers and people that you
subpoena to ask for documents or to give evidence to support your case.
LANGUAGE
If you require an interpreter, it is your responsibility to request an interpreter and then to arrange for one
to attend and translate for you. It is your duty to ensure that the interpreter is present on all occasions you
are appearing in court.
The main provider of interpreting services for the court system is the Community Relations Commission
for a Multicultural NSW. They can be contacted by ringing 1300 651 500 , visiting in person at Level 8,
175 Castlereagh St Sydney or by clicking here. You should try and secure an interpreter who has NAATI
(National Accreditation Authority for Translators and Interpreters) accreditation where possible.
You should notify your opponent of your intention to use an interpreter. Your opponent can object to your
use of an interpreter. Ultimately, the decision is one for the Court to make.
NO CONTACT WITH THE JUDGE
You should never attempt to contact a Judge directly. Contact, if it is absolutely necessary, should be with
the Judge’s Associate who can be found here. Before you make any contact with a Judge’s Associate,
you must ensure that all other parties to the proceedings agree with the communication. They must then
be copied into any email you send to the Judge’s Associate. Sending a document to a Judge’s Associate
is not the same as filing it in the Registry. Please do not ring the Judge’s Associate to ask for an
adjournment. See section 18 below in relation to adjournments.
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6. THE REGISTRY
WHAT IS THE REGISTRY?
The Registry is the place where you file your court documents. The Registry staff will check your
documents to ensure they are completed correctly . You can also obtain basic procedural information
about the Court from the Registry. Please remember to treat all Registry staff with respect and courtesy.
Registry staff are not lawyers and cannot provide legal advice about your matter or tell you what to
say in court. You cannot rely in court on any information given to you by the Registry staff. Registry staff
cannot print out Court Forms for you or assist you in completing those forms.
WHERE IS THE REGISTRY?
The Registry is located on Level 5 of the Supreme Court Building at 184 Phillip Street, Sydney NSW
2000. The Registry is open from 9:00 am to 5:00 pm Monday to Friday but if you need to see the Duty
Registrar (see below), you must arrive before 4:30 pm.
FILING DOCUMENTS
You may file a document by:

delivering it in person to the Registry, or

by sending it by post to the Court, or

by efiling the document using the Online Registry.
You cannot file documents by emailing them to the Registry.
You should comply with the following when filing a document:

If you are filing in person, bring the original document to be filed and a copy of the document. The
registry will stamp and file the original document, and stamp the copy which will be returned to you.
You will be responsible for making as many additional photocopies of the stamped copy that was
returned to you as are required so that copies can be served on all the other parties, as well as
ensuring that you keep at least one copy for yourself.

If you are filing by post send the original document and one copy of it. The Registry will file the
original document and return the stamped copy to you by post. When you receive the stamped copy
from the Registry you will need to make as many photocopies as are required to serve all the other
parties as well as ensuring that you keep at least one copy for yourself.

Your documents should be in the approved form referred to in Section 1 of this document.

The Registry can refuse to file certain documents if they do not comply with the approved form. They
may send you away to amend the documents if this is the case. This may cause your documents to
be filed late which could have consequences in Court. To avoid this, make sure you use the approved
Court Forms and follow the Rules about how to fill out those forms.
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
Not all documents can be efiled using the Online Registry. For further information about filing
documents on the Online Registry and what documents can and cannot be efiled please see
https://onlineregistry.lawlink.nsw.gov.au/content/.

If you do file documents using the Online Registry you will still be responsible for arranging service of
the documents. See Section 9 below for further information about service.

Documents need to be filed by their due date. If you are unsure what this date is, check any orders
made by the Registrar or Judge.
DUTY REGISTRAR
The Duty Registrar is located in the Registry and is available from 9:30 am to 4:30 pm in person or, in
urgent cases, by telephone. Things which the Duty Registrar can do for you include:

Give permission to file documents that do not comply with Court Rules.

Give permission for you to file a subpoena.

Change the minimum amount of time you have under the Rules to serve a subpoena or notice of
motion.

Grant some urgent applications if they are accompanied by a notice of motion and an affidavit
showing why the application should be approved, for example, applications for a stay of a writ of
possession of property.

Refer urgent matters to the Duty Judge.

Determine instalment applications to allow you to pay off a judgment debt if you cannot pay the whole
amount at once.
7. COURT FEES
FILING FEES
When you file some documents with the Registry, you will be required to pay a filing fee. Documents that
require a fee to be paid include any documents commencing proceedings, as well as notices of motion
and subpoenas. These fees can be quite substantial. Current fees are published on the Court’s website
here. If you cannot afford to pay the fees, you can apply for a waiver or postponement of payment in
certain circumstances. You will need to complete an application form from the Supreme Court website
available here and supply supporting documentation. If you are a Pensioner or in receipt of Centrelink
benefits you will need to provide a copy of your Centrelink card. More information can be obtained from
the Registry.
Importantly, even if your fee is postponed until after your case has been decided, you may still be
required to pay part of the filing fees first. If any fees are postponed, it is only until the end of the case, at
which time they will become payable.
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HEARING COSTS
When a hearing date is set, you will be charged a hearing allocation fee. Current fees are set out on the
Supreme Court website available here. If your matter settles before the allocated hearing date, you will
still be charged the hearing allocation fee. If you are unable to pay the fee immediately you may make an
application to have the fee postponed until the case is finished. Even if your filing fees were previously
postponed you will still need to make a new application to postpone the hearing allocation fee.
8. STARTING YOUR CASE
You start your case by filing a summons, statement of claim or, for some cases about companies, an
originating process. The Rules deal with the information you must include about your claim. It is important
to use the correct document. If you use the incorrect document you will have to amend it and that could
mean you have to pay additional filing fees and any costs your opponent has wasted because of your
mistake.
9. SERVICE
Service is the formal process of giving or sending a document to another party in a case. Most of the
relevant rules regarding service are in UCPR Part 10.
If you commence proceedings, you will be required to serve a copy of the statement of claim, summons or
originating process on all the defendants. Summonses must be served at least 5 days before the matter
is listed. There are specific rules in the UCPR as to how to serve individuals as well as companies and
government organisations.
Any other documents that you file will also need to be served. These documents can be served by
sending them to the address for service nominated by the other party. If they have nominated an email
address they can be emailed.
Filing documents does not mean that they will become evidence in your case. The evidence will be
received at the hearing before the Registrar or Judge.
You must also provide an address at which documents can be served on you, as well as other contact
details including your email address, so that other parties and the Court can communicate with you.
10. DEFENDING A CLAIM
If you are served with a statement of claim, the Rules require you to file a defence. The Rules deal with
the information that you have to provide about your defence. Time limits apply to when a defence must be
filed. The proper form is available on the Supreme Court website here. It is important that you provide
your contact details on this document, including your phone number and email address. Please keep this
information up to date so that the Court and other parties can contact you.
If you need more details about the claim being made against you, you can ask the plaintiff for more
information. You may also be asked by the plaintiff to provide more details about your defence.
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11. ENTERING YOUR APPEARANCE
If a party has started a case against you, you must let them and the Court know if you wish to defend the
claim. You can do this by filing a notice of appearance or by filing a defence. If you do not enter an
appearance or do not attend at Court on the day your case is scheduled, the Court may make a binding
decision, including a costs order, against you in your absence.
12. SETTLING YOUR CASE
The Court encourages all parties to try to settle their dispute themselves.
At any time a party can file a notice of motion (see Section 14) asking the Court to order that there be
mediation between the parties.
The Court can order that a Registrar act as mediator at no cost to the parties. Parties can also hire a
private mediator. Cases relating to claims for provision from an estate will not be given a final hearing
date unless there has been a mediation.
For more information about mediation and mediators click here.
13. DIRECTIONS HEARINGS
Before your matter is listed for hearing, it will usually be listed for a directions hearing. A directions
hearing occurs before a Registrar or Judge, who will make orders called directions. These are designed
to ensure that the case is ready to be heard on the final hearing date. Directions hearings are a very
important part of the Court’s procedures and it is important you attend. If you do not attend, orders can be
made in your absence with which you will have to comply.
If you do not live in Sydney you may apply to attend a directions hearing by way of a telephone
conference. You should make your application by email to supremecourt.listings@courts.nsw.gov.au.
These applications are referred to the Judge or Registrar that will conduct the relevant directions hearing
list, and you will be advised by the Registry if a telephone conference will be possible. You should make
your application for a telephone conference well before the day of the directions hearing to ensure that it
can be properly considered and so that you can be advised of the outcome.
14. NOTICES OF MOTION
A notice of motion is a written application to the Court after a case has started asking the Court to make
an order about something. A notice of motion can be used for a number of reasons, including seeking
directions or clarification on matters in dispute or asking for the adjournment of a hearing. The notice also
tells the other party where and when the Court will hear the motion.
Most of the Rules concerning the procedure for and contents of motions are in UCPR Part 18. Form 20
must be used for a notice of motion. It can be found here. In most cases, a notice of motion must be filed
together with an affidavit stating the facts on which you rely and, if relevant, specifying the kinds of
documents in respect of which the order is sought.
If you are attending the hearing of a motion in Court, make particular note of the time the case is listed to
commence. Most motions are listed between 9:00 am and 10:00 am. If you do not attend, the motion may
be dealt with, including dismissed, in your absence.
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15. SUBPOENAS
A subpoena is a court order which requires a person or company to bring certain documents to Court or
to appear at Court to give evidence. Most of the relevant Rules are in UCPR Part 33. A subpoena
document must be created using the relevant approved form. Currently, these are Forms 25, 26A and
27A which can be found here.
Self-represented litigants must first obtain the Court’s permission (also called “leave”) to file subpoenas.
You may seek this leave from the Duty Registrar by providing a copy of your subpoena document and an
affidavit in support explaining why you require the documents (or person to attend Court) and how the
evidence will support your case.
If leave is granted, you must file the subpoena and then serve it on the person or organisation required to
produce documents or give evidence and on the other parties. You must serve a subpoena on a person
or organisation within NSW at least five business days before they are expected to produce documents to
Court or appear at Court. If they are outside NSW but within Australia you must serve the subpoena at
least 14 days before the day they are required to produce documents or appear at Court.
If you need to issue and serve a subpoena in less than the 5 (or 14 day period) you can apply to the Duty
Registrar to shorten the time for service but you will need to explain why the subpoena was not issued
earlier.
16. DISCOVERY
Discovery is the process by which you can gain access to some documents held by the other party which
are relevant to the case. The Rules specify when you can get discovery and the classes of documents
that you can discover. Most of the relevant Rules are in UCPR Part 21. There are some documents to
which in most situations you cannot have access, for example, communications between parties and their
lawyers.
17. AFFIDAVITS
An affidavit is a statement prepared by a person which is used to provide the Court with written evidence.
The statement must be sworn or affirmed to be true in front of a solicitor, barrister or justice of the peace.
Most of the relevant Rules are in UCPR Part 35.
The person making an affidavit is called the “deponent”. An affidavit can be made by: a plaintiff or
applicant; a defendant or respondent; a witness; or an expert who has knowledge relevant to a case.
The Law Assist website contains a guide to affidavits, including an affidavit checklist which can help you
to write an affidavit properly. .
18. ADJOURNMENTS
Applications for an adjournment are not to be made by email or phone without the consent of all other
parties. Unless there is a very good reason for a last minute application, any application for an
adjournment should be made well before the day of the hearing.
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If there is no consent, the application must be made by notice of motion supported by an affidavit
explaining why an adjournment is needed, to which is annexed supportive evidence, such as medical
certificates.
19. THE HEARING
ONCE THE MATTER IS LISTED FOR HEARING
Your case will be assigned to a Judge for final hearing. The matter may also be referred to a Judge to
hear a notice of motion. The Judge is required to remain impartial and to determine the proceedings
based on the evidence and the relevant law.
As explained in Section 5 above, you are not permitted to contact the Judge directly but may, if certain
steps are followed, contact the Judge’s Associate. You must not seek legal advice from the Judge or the
Judge’s Associate about your case.
If you are required to file documents (such as statements of claim, defences, affidavits, notices of motion)
they are to be filed in the Registry. Copies are not to be sent to the Judge’s Associate (unless requested)
and sending such documents does not mean that they have been filed as the Rules require.
APPEARING IN COURT
The Appearing at the Supreme Court page provides information to people who are coming to the
Supreme Court. If you are representing yourself in Court take particular note of the following points:

Check the Court Lists to confirm the time and location of your hearing. If you are not at the Court on
time your case may be dismissed or a default judgment entered in your absence.

Be prepared. Be clear about what you want to say and speak slowly and clearly. Wait for your turn to
speak and do not interrupt the Judge or other party.

You must always conduct yourself courteously in Court. Bow to the Registrar or Judge as you enter
and leave the court room, turn off mobile phones and do not eat or drink in court.

Address the Judge as “Your Honour” or the Registrar as “Registrar”. Stand to speak and sit while the
other party speaks. Do not interrupt or talk over the Judge, Registrar or other parties.

Bring at least three copies of all relevant documents to court: one for you, one for the Judge or
Registrar and one for every other party.

Bring your own paper and stationery.

Pleadings, such as statements of claim, summonses and defences are a part of the Court’s record of
the proceedings.

Other documents on which you wish to rely to support your case, including affidavits, must be handed
up as evidence at the hearing. This is called “tendering the evidence”. You may not be allowed to use
such documents unless you have given them to your opponent well before the hearing in accordance
with orders made at a directions hearing.

You will have an opportunity to make submissions about your case, the evidence received and the
other party’s case at the hearing
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
Click here for a diagram and explanation of who’s who in Court.
20. JUDGMENT
A judgment is the Court’s decision on a notice of motion or about the final result of the case. Judgment
may be given immediately at the hearing or it can be given later. This is called “reserving judgment”.
If judgment is reserved, you will later be notified of the date, time and place that the judgment will be
given.
If you do not appear, a copy of the judgment will be sent to you and it will be published on the Court’s
website, where it will, in almost all cases, be publicly available. .
21. COSTS
Just because you choose not to pay a lawyer to represent you does not mean that you will not incur costs
by bringing a matter to Court. This is one reason why, if you can, it is much better to settle a dispute out
of Court than to engage in litigation.
COURT ORDERED COSTS
If you are unsuccessful in your case, the Court may order you to pay the other party’s costs. If they are
legally represented, it may mean that you have to pay for their solicitors, barristers and Court fees. If you
are successful however, you may be awarded costs which may enable you to recover some of the fees
that you have paid or owe, for example, your hearing fee, from the other party. Even if you are successful,
it is unlikely that you will recover all of your costs involved in bringing the case. Your costs will not include,
for example, income you have lost because you have taken time off work to come to Court.
22. APPEALS AND REVIEWS
If you are dissatisfied with orders made by a Registrar you can ask for a Judge to review those orders by
filing a notice of motion. See UCPR Part 49 for further information about the process for reviewing a
Registrar’s decision. If you are dissatisfied with the decision of a Judge you may be able to appeal that
decision to the Court of Appeal. There is not however an automatic right to appeal every decision a
Judge makes. Depending on the type of decision, sometimes you will need the Court of Appeal’s
permission (or leave) to appeal. For example, if the decision is not a final decision in the case you will
normally require leave to appeal. For information about when leave to appeal a decision may be required
see the Supreme Court Act Part 7. This can be found here
http://www.legislation.nsw.gov.au/maintop/view/inforce/act+52+1970+cd+0+N. More information about
how to appeal or seek leave to appeal to the Court of Appeal can be found in UCPR Part 51. .
23. PRACTICAL INFORMATION
WHERE?
The address and other contact information for the Court is:
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Street Address:
Law Courts Building
184 Phillip Street
SYDNEY
Postal Address:
GPO Box 3
Sydney NSW 2001
Australia
DX:
DX 829 Sydney
PHONE
For general enquiries, phone 1300 679 272.
EMAIL
For general enquiries, email supremecourt.enquiries@courts.nsw.gov.au.
WHEN?
The Court Registry is open from 9:00 am to 5:00 pm Monday to Friday.
Court sitting hours are usually from 10:00 am to 4:00 pm Monday to Friday, although depending on the
type of case, starting times can vary between 9:00 am to 10:15 am.
When does your case start and where is it being heard? You can find out the exact location and
starting time for your case by looking it up on the Court List which appears on the Court’s website. The
List for any day is available on the Court’s website here from 3:30 pm on the previous day.
SPECIAL REQUIREMENTS
All Court buildings have disabled access and facilities. If you have any concerns, please contact the Court
on 1300 679 272 or email supremecourt.enquiries@courts.nsw.gov.au well ahead of time.
GETTING HERE
The Court is accessible by buses stopping in Elizabeth Street or Macquarie Street. It is 5 minute walk
from either St James or Martin Place railway stations.
THE SUPREME COURT BUILDING
The Court comprises three separate locations around Queen’s Square in which civil cases are heard:

Levels 3 (ground level) to 14 of the Law Courts Building, Queen’s Square.
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
The King Street Building. Depending on which Court you are in, this building is entered from King
Street, Elizabeth Street or St James Road.

Hospital Road Court Complex. Access to this complex is from Macquarie Street by a path between
the Mint and the Barracks buildings.
Supreme Court of New
South Wales
Law Courts Building
Queens Square
Hospital Road Court Complex
(through the Mint to Hospital
Road)
King Street Court
Complex
(depending on Court,
enter from King or
Elizabeth Streets, or St
James Road
SECURITY AND PHOTOGRAPHY
The Court’s buildings are secure and you will need to pass through a metal detector and any other
security check that Court security staff consider appropriate. Any weapons (including firearms or
knives), flammable liquids, explosive materials, or disabling chemicals are strictly prohibited.
Everyday items including scissors, deodorant and cameras will also be confiscated by security.
Photography is prohibited inside the Court’s buildings.
EATING
There is no café in the Court. However, there are numerous cafés in the streets around Queen’s Square
which are open from early in the morning.
SUPREME COURT WEBSITE
The web address of the Supreme Court is http://www.supremeCourt.justice.nsw.gov.au/ and can be
accessed here.
24. TERMINOLOGY
For a full legal dictionary, see the Law Assist website. Some useful terms which have been used above
include:
Adjournment
Postponing a Court hearing or other Court appearance to another date.
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Affidavit
A written statement prepared by a person. The statement must be sworn or
affirmed to be true in front of a solicitor, barrister or justice of the peace.
See UCPR Part 35.
Defence
In a civil case, the reasons why the defendant disputes the claim against
them. A 'defence' form is a document filed at Court by the defendant to
notify the Court and the plaintiff that they dispute the claim, and it may also
include the reasons why they do not owe any money claimed. See UCPR
Part 14.
Defendant
A person who has proceedings commenced against them in a Court.
Filing
Taking or sending documents to the Court Registry. The Registry staff will
stamp the document and put it on the Court file and return stamped copies
to be served on the other parties. See UCPR Part 4.
Judge’s Associate
The Judge’s administrative assistant.
Leave
To seek leave of the Court is to ask for the Court’s permission.
Mediation
Confidential meetings between all the parties to a case where an
independent third person (a “mediator”) tries to help them come to an
agreement about their dispute. See UCPR Part 20.
Notice of Motion
A written application to the Court after a case has started asking the Court
to make an order(s) about something. The notice also tells the other party
where and when the Court will hear the application. See UCPR Part 18.
Originating Process
A plaintiff starts a certain type of civil case involving companies by filing an
Originating Process under the Supreme Court (Corporations) Rules. More
usually, a plaintiff starts a civil case by filing a statement of claim or
summons. See UCPR Part 6.
Party to Proceedings
Includes the plaintiff or defendant (or cross-defendant or cross-applicant).
Personal Service
Giving documents to a party personally, that is, face to face. See UCPR
Part 10.
Plaintiff
A person who starts a civil case against another person in a court.
Registry
A place at the Court where people can file documents and make enquiries.
Sealed Copy
A document or form that has been filed with the Court and has a court
stamp on it. See UCPR Part 4.
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Service
The formal process of giving or sending a document to another party in a
case. See UCPR Part 10.
Statement of Claim
A plaintiff files a statement of claim to start a civil case. It tells the Court
and the defendant what orders the plaintiff is claiming and sets out the
facts the plaintiff says entitle the plaintiff to those orders. Some
proceedings must be started by statement of claim. Others are started by
summons. See UCPR Part 6. Certain proceedings about companies are
started by originating process under the Supreme Court (Corporations)
Rules.
Subpoena
A court order telling a person or company to bring certain documents to
Court or to appear at Court to give evidence. See UCPR Part 33.
Summons
A plaintiff files a summons to start a civil case. It tells the Court and the
defendant what orders the plaintiff is claiming. Some proceedings must be
started by statement of claim. Others are started by summons. See UCPR
Part 6. Certain proceedings about companies are started by originating
process under the Supreme Court (Corporations) Rules.
UCPR
Uniform Civil Procedure Rules 2005 (NSW)
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