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During your case

Information about your case after a defence is filed in the Local Court.

If you receive a statement of claim and decide to defend it, you will need to go to court. This section has information about what happens after you file your defence form, including: 

  • ​​Going to the pre-trial review
  • The hearing 
  • The decision.

If you receive a statement of claim and decide to defend it, you will need to go to court. This section has information about what happens after you file your defence form.

Pre-trial reviews are dealt with remotely in the Small Claims Division unless the Court has granted leave (permission) for the parties to appear in person. 

The pre-trial review is your first da​y in court. It is an opportunity for you and the the other party to settle the case. If your case does not settle, the magistrate or registrar will make orders to get your case ready for hearing.​​​​

For more information, see Pre-trial review. 

If you and the other party didn’t settle your case at the pre-trial review, your case will be listed for a hearing. At the hearing you will be given the chance to present your case to the court.

A magistrate or an assessor will consider all the evidence and submissions from you and the other party, and then make a decision.

This section has information on:

  • ​preparing for the hearing
  • going to the hearing

For more information, see The Hearing. 

After both you and the plaintiff have presented your case, the magistrate or assessor will make a decision. They will give reasons for their decision. Usually the decision is made on the same day as the hearing.

Sometimes the decision of the magistrate or assessor is 'reserved'. This means that the magistrate or assessor needs some more time to consider all the evidence. The decision will be postponed to another day and the court will contact you when the decision has been made. ​.

If you win

If you win, the court has decided in your favour. This means you don’t owe any money to the plaintiff.  

The court may order that the plaintiff pay your legal costs. The court will usually make an order that costs are paid within 28 days of the date of the decision. 

 

If you lose

If you lose the case, do not argue with the magistrate or assessor. An order may be made that you also have to pay the plaintiff's legal costs. 

The court will usually order that you ​​pay the money and pay any legal costs awarded within 28 days of the date of the decision. 

If you want to appeal the decision, you must do this within 28 days of the date of the decisi​on. You should get legal advice​ first.  For more information, see Appeals and reviews in After court.

If you pay the money, the case will be finished. If you are not able to pay straight away, you have the option of seeking more time. For more information, see After court.

Resources

Being chased for money

Guided Pathway - Being chased for money. This guided pathway aims to give you information specific to your legal problem based on the responses you provide.

Squeezed for a debt?

Are you being squeezed for a debt? This brochure explains some of the legal steps to take if you are in dispute about amounts under $100,000.