Civil Litigation
Contract disputes and other civil claims for individuals and businesses in NSW courts and tribunals, run directly by Kyra Pastrovic.
Civil litigation is the resolution of disputes between individuals, and between individuals and businesses, through NSW courts and tribunals rather than criminal prosecution. Vamp Law acts in civil disputes such as contract claims, with every matter run directly by Kyra Pastrovic, while disputes between businesses are handled through its Commercial Litigation practice.
What does Vamp Law's civil litigation practice cover?
Civil litigation is the resolution of disputes between individuals, and between individuals and businesses, through NSW courts and tribunals rather than through criminal prosecution. Vamp Law acts in these disputes across NSW, from a contract that has broken down to a loan between friends that was never repaid.
Commercial disputes between businesses, including debt recovery, insolvency and insurance disputes, are covered under Commercial Litigation. Claims for injury have their own area, Personal Injury. Kyra Pastrovic assesses each civil matter on its facts, including which NSW court or tribunal has jurisdiction, before recommending a course of action.
Why work directly with Kyra Pastrovic?
Every Vamp Law matter is run directly by Kyra Pastrovic, the firm's Director, rather than handed to a team of junior lawyers. The lawyer a client speaks to at the outset is the lawyer who runs the file through to resolution.
That suits clients who want direct access to the person making decisions on their matter, rather than working through layers of correspondence to reach one. Kyra takes a modern, tailored and personalised approach to each client, and she also teaches law at Western Sydney University.
What civil litigation services does Vamp Law provide?
Vamp Law's civil litigation practice covers contract disputes, with a library of contract law guides for background reading.
Disputes between businesses are covered under Commercial Litigation, and injury claims, including motor accidents and medical negligence, under Personal Injury.
How does a civil litigation matter proceed?
Initial review
Kyra Pastrovic reviews the facts, the relevant documents and which NSW court or tribunal has jurisdiction.
Pre-litigation steps
Where appropriate, a letter of demand or a without prejudice approach is made to the other party before proceedings are filed.
Filing and case management
If the matter does not resolve, proceedings are filed in the Local Court, District Court or Supreme Court of NSW, or in NCAT, and the court or tribunal sets a timetable for the claim, the defence, documents and evidence.
Resolution
Most civil matters settle before a final hearing, through negotiation, a formal offer or mediation, and a court can refer proceedings to mediation with or without the parties' consent (Civil Procedure Act 2005 (NSW), s 26).
Enforcement
Where a judgment is not paid, Vamp Law advises on the enforcement options available under NSW law.
What does civil litigation cost in NSW?
The cost of civil litigation depends on the court a matter is filed in, whether it is defended, and how far it proceeds before resolving. Vamp Law provides a written costs agreement before starting work, setting out how fees are charged and what a client can expect at each stage.
Costs also include disbursements, such as court filing fees, barristers' fees and the cost of independent reports. Under s 60 of the Civil Procedure Act 2005 (NSW), court procedure should be applied so that the cost to the parties is proportionate to the importance and complexity of the dispute. Where a costs order is made at the end of a matter, it usually covers only part of the successful party's legal fees, which is worth understanding before a dispute begins.
What happens if a civil dispute goes to trial?
Most civil disputes resolve before a final hearing, but a matter should be prepared as though it might not. Once proceedings are filed, each side sets out its case in a statement of claim or defence, relevant documents are exchanged, and witness statements or affidavits are served.
Preparing for trial from the outset, rather than waiting for a hearing date, matters because a well prepared case also negotiates from a stronger position. The overriding purpose of the civil procedure rules is to facilitate the just, quick and cheap resolution of the real issues (Civil Procedure Act, s 56), and the parties have a duty to assist the court to further it.
At a hearing, each side presents its evidence and argument to a judge, who gives judgment on the day or, more often in a complex matter, at a later date. A losing party can sometimes appeal, but an appeal generally requires showing an error in the decision, not simply a different view of the outcome. This page is general information about civil litigation in NSW, not advice on a particular dispute: the right course depends on the facts and the documents.
Frequently asked questions
Civil litigation is the process of resolving a legal dispute between private parties, such as individuals and businesses, through the courts or a tribunal rather than through criminal prosecution.
Most civil disputes resolve without a final hearing, but each matter should be prepared as though it may need one.
The Local Court hears claims up to $20,000 in its Small Claims Division and up to $100,000 in its General Division (Local Court Act 2007 (NSW), s 29). The District Court hears claims up to $1,250,000 (District Court Act 1973 (NSW)), and the Supreme Court hears larger claims and matters needing its particular powers.
NCAT hears consumer claims about goods and services up to $100,000 and home building claims up to $500,000.
Claims in contract and in negligence for property damage or financial loss generally must be brought within six years from when the cause of action first accrues (Limitation Act 1969 (NSW), s 14), and claims on a deed within twelve years (s 16).
Injury claims have different time limits, some of them short, and are covered under personal injury.
It depends on the complexity of the matter, the court it proceeds in and whether it settles before hearing. Vamp Law provides a written costs agreement before any work begins, so a client understands how fees are charged from the outset.
Yes. Many civil disputes resolve through direct negotiation, a formal offer or mediation, without a final hearing. These options stay open throughout a matter, and a dispute that looked intractable at filing often resolves once both sides have tested their evidence.
Ready to discuss your matter?
If you are an individual or a business owner with a civil dispute that needs a Sydney litigation lawyer, make an enquiry or call +61 431 569 686 to speak with Kyra Pastrovic about your matter.
More on civil litigation
How Much Does Civil Litigation Cost in NSW?
Civil litigation costs in NSW vary widely depending on the court, the complexity of the dispute and how far it runs before resolving. A straightforward Local Court claim can resolve for a few thousand dollars in legal fees, while a contested Supreme Court matter that proceeds to hearing can run into six figures.
Read moreHow Long Does a Civil Lawsuit Take in NSW?
A civil lawsuit in NSW typically takes 6 to 18 months from filing to judgment when it runs through the Local or District Court, though straightforward matters can settle sooner and complex Supreme Court disputes can run well beyond two years.
Read more
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