General Division claims: civil disputes from $20,000 to $100,000.

Where the General Division sits.

The Local Court hears civil claims up to one hundred thousand dollars, split into two divisions. The Small Claims Division, up to twenty thousand dollars, is informal and cheap. The General Division, from twenty thousand to one hundred thousand, is the more formal stream, closer to how the District Court runs but on a smaller scale. Claims above one hundred thousand dollars go to the District Court.

This is general information, not advice on your matter. The General Division is where the rules of evidence apply and where costs are at stake, so the way a case is run there matters more than in small claims. For a claim of this size, getting advice on the pleadings, the evidence and the costs exposure is usually worthwhile.

What kinds of claims go to the General Division?

Any civil money claim worth between twenty thousand and one hundred thousand dollars can go to the General Division. Common ones are larger contract disputes, building and trade disputes, unpaid commercial debts, and property damage claims above the small claims limit. The subject matter is the same as small claims; the difference is the amount at stake and, with it, the formality of the process.

As with any claim, the right forum depends on the subject as well as the amount. Tenancy and some building and consumer disputes go to the NSW Civil and Administrative Tribunal rather than the court. If your claim is a straightforward money claim in the right range, the General Division is its home. If it is close to one hundred thousand dollars, consider whether the District Court is the better fit.

How does the procedure differ from small claims?

The General Division is more formal. The rules of evidence apply, so evidence is given in a proper way, usually by written statements or affidavits with witnesses available for cross-examination. There is a real pre-trial process, with directions for filing evidence, discovery of documents where needed, and a hearing that looks much more like a District Court trial than an informal small claims chat.

That formality means preparation matters. Pleadings have to disclose a proper cause of action, evidence has to be admissible, and witnesses have to be ready. A case that would be waved through informally in small claims can fail in the General Division if the evidence is not put together properly. It is the point at which many self-represented parties decide the stakes justify a lawyer.

How are costs decided in the General Division?

Unlike small claims, costs in the General Division generally follow the event. That means the losing party usually pays a large part of the winner's legal costs on top of their own. For a claim of this size, that costs exposure is often bigger than people expect, and it changes the risk of running a case to a fought hearing rather than settling.

The costs rule cuts both ways and it is a lever. A well-timed offer of compromise or a Calderbank offer, made in writing, can shift the costs risk onto the other side if they reject it and do worse at the hearing. Our guide on costs in Local Court civil claims explains how costs work across the two divisions and why offers matter.

Should you use the General Division or the District Court?

For a claim near the top of the range, the choice between the General Division and the District Court is worth thinking about. The Local Court is generally cheaper and quicker. The District Court has wider powers and may suit a more complex case, but it costs more and takes longer. If your claim is worth eighty thousand dollars in a simple dispute, the General Division is usually the sensible choice.

You cannot inflate a claim to reach a higher court, and you cannot artificially shrink one to stay in a lower court either. The claim has to be pleaded at its true value. If the genuine value is above one hundred thousand dollars, it belongs in the District Court, and trying to keep it in the Local Court by abandoning a large part of it may not be worth the saving.

How long does a General Division case take?

A defended General Division case runs on a timetable set by the court. After the defence is filed, there are directions for evidence, then a hearing date. Depending on the court's list and the complexity, that can be several months to a year from filing to hearing. An undefended claim resolves much faster, by default judgment, often within weeks.

Most General Division cases still settle before the hearing, at a mediation or through negotiation once each side has seen the other's evidence. The formality of the process, and the costs that ride on the outcome, tend to push parties towards settlement. Running all the way to a contested hearing is the exception, reserved for cases with a genuine dispute that will not compromise.

Primary sources: the Local Court civil jurisdiction and divisions are set by the Local Court Act 2007 (NSW), with procedure under the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW). NSW civil judgments are searchable on JADE.

Common questions

What is the General Division of the NSW Local Court?

It is the Local Court's civil stream for claims from twenty thousand to one hundred thousand dollars. It is more formal than the Small Claims Division, with the rules of evidence applying and a proper pre-trial process, but cheaper and faster than the District Court. Claims above one hundred thousand dollars go to the District Court.

How is the General Division different from small claims?

The General Division is more formal. The rules of evidence apply, evidence is usually given by statement or affidavit with witnesses available for cross-examination, and there is a real pre-trial process. Costs generally follow the event, so the losing party usually pays a large part of the winner's legal costs, which is not the case in small claims.

Do costs follow the event in the General Division?

Generally yes. The losing party usually pays a large part of the winning party's legal costs on top of their own. That costs exposure is often larger than people expect and changes the risk of running to a hearing. Offers of compromise and Calderbank offers can shift the costs risk onto the other side.

Should you use the Local Court General Division or the District Court?

For a claim up to one hundred thousand dollars in a reasonably straightforward dispute, the General Division is usually cheaper and quicker. The District Court has wider powers and may suit a more complex case but costs more and takes longer. The claim must be pleaded at its true value; you cannot inflate or shrink it to pick a court.

How long does a General Division case take?

A defended case runs on a court timetable, and from filing to a contested hearing can take several months to a year depending on complexity and the court's list. An undefended claim resolves much faster by default judgment. Most defended cases settle before the hearing once each side has seen the other's evidence.

To speak to a litigation lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, Special Counsel at Good Legal Lawyers, as at 30 August 2026. It is general information and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. The law changes and procedure varies from case to case. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More commentary by Aaron Kernaghan.

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