Difference Between Civil and Criminal Law in NSW
Difference Between Civil and Criminal Law in NSW
When you are dealing with a dispute or facing a charge, knowing whether it falls under civil and criminal law helps you understand your rights, the court process, and the likely outcomes. Civil matters are usually private disputes about rights and obligations. Criminal matters deal with offences against the State. If you’re unsure where your issue sits, our solicitors can explain your options in clear, practical terms.
Civil and Criminal Law in NSW at a Glance
Civil disputes are typically brought by an individual or business against another (the plaintiff sues the defendant). They are decided on the balance of probabilities. Typical civil court cases include contract disputes, negligence claims and property disagreements. Criminal cases are prosecuted by the State (police or the DPP) against an accused and must be proved beyond reasonable doubt under statutes like the Crimes Act 1900 (NSW) and the Summary Offences Act 1988 (NSW).
What Is Civil Law?
Civil law covers private rights and obligations. This could be contracts, property, commercial arrangements, family matters and torts (such as negligence or defamation). Civil court proceedings are usually started by the plaintiff and may be heard in the Local Court (smaller claims), District Court or Supreme Court, with procedure governed by the Civil Procedure Act 2005 (NSW). The plaintiff must show their case is more likely than not to be true. Remedies might include damages (money), injunctions or orders for specific performance. Many civil court cases resolve through negotiation or mediation before a hearing.
What Is Criminal Law?
Criminal law deals with conduct defined as an offence against the community. This includes assault, theft, drink‑driving, fraud, drug offences and more. Charges are laid by police or prosecuted by the Director of Public Prosecutions. Cases may start in the Local Court and, for more serious indictable offences, move to the District or Supreme Court under the Criminal Procedure Act 1986 (NSW). The prosecution must prove the charge beyond reasonable doubt. Outcomes range from fines and community‑based orders to imprisonment.
Key Differences Between Civil and Criminal Law
| Feature | Civil Law | Criminal Law |
| Purpose | Resolving private disputes and compensating the wronged party | Protecting the public, punishing unlawful conduct, and deterring offences |
| Parties | Plaintiff vs defendant | Prosecutor (State) vs accused |
| Standard of proof | Balance of probabilities | Beyond reasonable doubt |
| Common forums | Civil court – Local, District, Supreme Court | Criminal court – Local, District, Supreme Court |
| Typical outcomes | Damages, injunctions, declarations, specific performance | Fine, community order, conviction, imprisonment |
| Examples | Contract breach, negligence, property disputes, defamation | Assault, theft, DUI, fraud, drug offences |
One incident can lead to both. An assault may result in a criminal charge and a separate civil claim for compensation.
Common Civil Law Disputes In NSW
Some common disputes include contract disagreements, negligence/personal injury, property and boundary issues, defamation, strata and tenancy disputes, business and shareholder conflicts, and estate litigation. Approaching solicitors early for advice helps you choose the right strategy, either negotiation, mediation, or filing in the appropriate civil court.
Common Criminal Offences In NSW
Some common offences include assault (including domestic violence), larceny/theft, drink‑ or drug‑driving, fraud/white‑collar offences, drug possession or supply, and public‑order offences. Penalties vary with the offence and your circumstances; diversion programs may be available for some first‑time or minor matters in the criminal court.
Your Questions Answered
How do the burdens of proof differ?
In civil cases the plaintiff must prove the facts on the balance of probabilities (more likely than not). In criminal cases the prosecution must prove guilt beyond reasonable doubt.
Which courts hear civil vs criminal matters?
Smaller civil court cases are often heard in the Local Court; larger or more complex matters go to the District Court or Supreme Court. Summary criminal offences are heard in the Local Court; while serious, indictable offences go to the District or Supreme Court.
Can one event lead to both civil and criminal proceedings?
Yes. The State may prosecute an offence in the criminal court, and the injured person may separately sue for damages in the civil court. The cases would run independently and apply different standards of proof.
Do I need a lawyer?
Legal representation is strongly recommended in both streams. Criminal defendants facing imprisonment should get urgent advice. In civil disputes, early guidance can often resolve matters faster and at lower cost.
What outcomes should I expect?
Civil remedies aim to put you in the position you should have been in. This usually involves money or court orders. Criminal penalties focus on punishment and deterrence. This could be fines, community orders or imprisonment, depending on the offence and your record.
If your issue touches civil and criminal law, timelines and tactics can quickly become complex. Getting tailored advice early protects your position and can improve outcomes in both the civil court and criminal court. Talk to us for clear next steps.
