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ARTICLE · 04 MARCH 2020

How to commence legal proceedings in NSW

Useful guide to initiating legal action in New South Wales.

AustraliaLitigation, Mediation & Arbitration

In NSW, there are two categories of law: civil law and criminal law. Civil law is a system that defines and protects citizen rights. It offers resolutions for legal disputes in areas such as property, contracts and family law. It pretty much deals with every legal matter outside of criminal law.

As a lawyer who practices predominantly in civil law, I'm often asked what the best method is to commence legal proceedings. Thus, I've written this brief outline.

Initiating legal action

Under civil law, there are a number of ways to commence legal proceedings. These include issuing a statement of claim, a summons, a notice of motion, or a writ (which is now used for a slightly different purpose than it was originally designed for).

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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