Taking legal action can feel overwhelming — especially if you’ve never been through the process before. Whether you’re dealing with a debt dispute, a breach of contract, a workplace injury, or a road accident, understanding the basic procedures involved can make a real difference to your outcome. At MyLegalHelp, we connect Australians with specialist solicitors who handle these exact situations every day — on a no-win, no-fee basis.
Ready to discuss your case? Fill out our free consultation form and we’ll match you with the right solicitor.
Initial Considerations Before Starting Legal Action
It’s not enough to feel that you’ve been wronged in order to commence a legal action. You must have a legal basis — known as a cause of action — which gives you the right to seek legal redress against another party. A cause of action can arise from legislation passed by parliament or from the common law.
Even if you have a valid cause of action, you also need to be able to prove your case with evidence. Consider what documents, contracts, photos, or witness statements you can provide to support your claim, and whether that evidence is likely to be believed by a court.
It’s also critical to act quickly. Legal proceedings must be commenced within a specific timeframe known as a limitation period. If you miss this deadline, your right to bring a claim may be permanently lost. If you’re unsure whether time is running out on your claim, speak with a solicitor as soon as possible.
Understanding the Parties in Legal Proceedings
In any legal action, the party who commences the proceedings is known as the plaintiff. The person against whom the action is brought is known as the defendant. There can be more than one plaintiff or defendant — additional parties are referred to as the second plaintiff, second defendant, and so on.
Understanding your role and the role of the other party is an important first step in navigating the legal process with confidence.
Which Court Handles Your Claim?
Civil claims in Australia are separated into different courts and tribunals based on the amount of money being sought. In New South Wales, for example, the breakdown is as follows:
- Local Court – Small Claims: Any amount less than $20,000
- Local Court – General Division: Any amount between $20,001 and $100,000
- NCAT – Consumer Claims: Any amount up to $100,000
- District Court: Any amount over $100,000 and below $1,250,000
- Supreme Court: Any amount over $1,250,000
Other states and territories have similar structures with slightly different thresholds. An experienced solicitor will advise you on the correct venue for your specific claim and jurisdiction.
Not sure if you have a claim? Contact our team for a no-obligation assessment.
The Step-by-Step Litigation Process
Step 1: Filing Your Claim
Legal proceedings are commenced when the plaintiff files an originating process — typically a Statement of Claim or Summons — with the relevant court. This document sets out the allegations made against the defendant, the cause of action, and the losses and damages suffered. A filing fee is payable at this stage, which varies depending on the court and whether the plaintiff is an individual or a corporation.
Step 2: Serving the Defendant
Once the originating process is filed, the plaintiff must formally serve the document on the defendant. This step ensures the defendant is properly notified that legal action has commenced against them and gives them the opportunity to respond.
Step 3: The Defence
The defendant is generally required to file a defence within 28 days of being served. In their defence, they can set out the reasons why the plaintiff’s claim should not succeed. If the defendant fails to file a defence or appear in court within this period, the plaintiff may be entitled to apply for a default judgment — granting them the full amount claimed, plus interest and an allowance for costs.
Step 4: Preparing for Hearing
Following the service of the defence, the matter will typically be listed before the court so that orders can be made setting out the steps each party needs to take to prepare for the final hearing. These orders may include directions for the disclosure of relevant documents, preparation and service of evidence, and the setting of a hearing date.
Step 5: The Trial or Hearing
If a case proceeds to hearing, both parties are given the opportunity to present their case and supporting evidence before a judge or magistrate. At the conclusion of the hearing, a decision may be made on the spot — or the judgment may be reserved and handed down in writing at a later time.
Understanding Legal Costs in Court Proceedings
In ordinary circumstances, the court will award costs to the successful party. However, there are important limitations to be aware of:
- For court claims less than $50,000 in NSW, costs are heavily capped at regulated percentages prescribed by the relevant court practice notes
- In NCAT, costs are generally not awarded unless the claim exceeds $30,000
This is one of many reasons why choosing the right legal strategy — and the right solicitor — from the very beginning is so important. Many solicitors connected through MyLegalHelp work on a no-win, no-fee basis, meaning you won’t pay legal fees unless your claim is successful.
We work with Australia’s top specialist solicitors. Tell us about your situation and we’ll find the best match for your case.
When Should You Seek Legal Advice?
Starting legal proceedings is a serious step that can have significant financial and personal consequences. It’s always advisable to get proper legal advice before commencing any action. A specialist solicitor can assess the strength of your claim, advise on the most appropriate court or tribunal, help you gather the right evidence, and guide you through each stage of the process.
The earlier you seek advice, the better — particularly given the strict time limits that apply to most legal claims in Australia.
Ready to Take the Next Step?
MyLegalHelp connects Australians with specialist solicitors across the country. Tell us about your situation and we’ll match you with an experienced lawyer who handles cases just like yours — all on a no-win, no-fee basis.
What is a cause of action and do I have one?
A cause of action is the legal basis that gives you the right to sue another party. It can arise from legislation or the common law. A solicitor can quickly assess whether your situation qualifies — use our free form to get matched with one today.
How long do I have to start legal proceedings?
This depends on the type of claim and the state or territory where the dispute arose. Limitation periods can range from one to six years or more. It’s important to seek legal advice as soon as possible to ensure you don’t lose your right to claim.
What happens if the defendant ignores the claim?
If the defendant fails to file a defence within the required timeframe, the plaintiff can typically apply for a default judgment — meaning the court may rule in your favour without a hearing, including interest and costs.
Do I need to go to court for every dispute?
Not necessarily. Many disputes are resolved through negotiation or mediation before reaching a hearing. An experienced solicitor can advise on the best approach for your specific circumstances and work to achieve the best outcome with minimal time and cost.
How much does it cost to take legal action?
Costs vary depending on the complexity of the claim and the court involved. Many solicitors connected through MyLegalHelp offer no-win, no-fee arrangements, meaning you only pay if your claim is successful. This removes the financial risk of pursuing justice.
Can I represent myself in court?
Technically yes, but it is generally not recommended — especially for larger or more complex claims. Legal proceedings involve strict procedural rules, and a qualified solicitor significantly improves your chances of a successful outcome.
How does MyLegalHelp find me the right solicitor?
MyLegalHelp is a specialist legal referral service. We assess your situation and match you with a solicitor from our network of 150+ specialists across Australia who has direct experience with cases like yours — at no cost to you upfront.