What if the defendant lodges a defence?

If the defendant lodges a defence and the amount of your claim is:

  • $15,000 or less (minor civil claim) - the matter will go to a conciliation conference
  • over $15,001 (civil claim) - the matter will generally go to a directions hearing.

Defence lodged against minor civil claim ($15,000 or less)

Conciliation conference

  • The court may order a conciliation conference to help settle or resolve disputes.
  • A conciliator will help you negotiate a settlement that both you and the defendant agree on.

Our page on conciliation conferences has more detailed information about these meetings.

Defence lodged against civil claim (over $15,001)

Directions hearing

Direction hearings are informal court hearings held before a Magistrate. At these meetings, you will:

  • discuss the issues in dispute
  • make sure you and the defendant have prepared your cases (for example,  obtained witness statements and photos)
  • discuss resolving or settling  the matter without going to court
  • consider options such as mediation.

The Magistrate may also make other pre-trial orders.

Tell the Magistrate if your witnesses can’t attend court. Your witnesses may be able to give their evidence by affidavit or in a statutory declaration, or by using the court’s video conference facilities.

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