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Moving the case to another court within NSW- Frequently Asked Questions

If the debt is a mortgage, loan or credit card you should get legal advice. You may have other options.


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​1. My friend told me that it's really hard to win cases at my Local Court. Can I apply to have my​​ court case transferred to a different court?​

No, you can't transfer your case for that reason. Some of the reasons the court will consider for changing the venue include:

  • The place where all the parties and most of the witnesses live is not the same as where the court case is currently listed
  • The parties may experience undue delay or cost because the court case is being run at a certain Local Court
  • The parties or witnesses will experience hardship because they have to travel a long way to the Local Court
  • The parties or witnesses will experience hardship because they have to be away from home or work for a long time to go to the Local Court.

For more information, see Moving the case to another court within NSW.


2. I have been served with a Statement of Claim from another state.​​​ Can I apply to have it moved to New South Wales?

If this happens to you, you should contact LawAccess NSW on 1300 888 529 to get a referral for legal advice in another state, or contact the court where the Statement of Claim was issued.


3. I work shifts and have two young children. The court I have been asked to go to is a couple of hours drive from my house. Can I apply to have the case moved to a court closer to my house?​

Yes, you can apply to have the case moved to a Local Court closer to your home. The court will take into account that you have carer's responsibilities and that you will experience hardship as a result of the time away from home and the potential disruption to your work schedule. The court will also consider the situation of the other party before deciding whether to move the case.

For a step by step guide to this process, see Moving the case to another court within NSW

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4. I used to live and work in the city and that's where the car accident ​​happened but now I live in the country and it would take me hours to get to the city court. Can I apply to have the venue changed?

Yes, you can apply to have the venue changed even though the car accident happened in the city. The court will need to be satisfied that changing the venue will not result in hardship for the plaintiff.

Alert Icon  An application to change the venue will not always be successful, even if you believe you have a genuine reason to move the case to a Local Court near you. You could nominate a Local Court that could be considered 'middle ground' so that moving the case won't cause hardship for the plaintiff. 

​For a step by step guide to this process, see Moving the case to another court within NSW.