District Court
Step 3 - Case Proceeds to Court
In most cases, the claimant lists the case for court. However, if the claimant does not do this, you can apply to have your case listed for court. Please see the sections below for more information on how the case may proceed.
Claimant Applies to Have the Case Listed for Court
If you, as the respondent, serve and submit an Appearance and Defence form, and a Counterclaim if you choose to do so, the claimant can apply to have the case listed for court. In this situation, you will receive a document with a date for court from the claimant, known as a Notice of Trial. This means that the case is ready to be heard in court. You will be required to attend court on this date.
For more information on preparing for and attending court, please see our What to Expect in Court page.
Note: If 12 months has passed since the claimant has submitted any legal documents to the court office, or taken any step in progressing the claim, they must give you a month's notice of their intention to proceed with the claim. To do this, they must serve a Notice of Intention to Proceed on you.
If the claimant fails to serve a Notice of Trial, you can apply to have the case listed for court, if you have submitted a counterclaim and wish to proceed with the case.
You Apply to Have the Case Listed for Court
If you (the respondent) wish to have the case listed for court, you must:
- Complete a Notice of Trial form (Form 49.01) and a separate copy for the claimant(s). You will need to contact the court office where the claim was made to obtain a date for court, which you insert on the Notice of Trial.
- Serve a copy of the Notice of Trial on each claimant at least 10 days before the date given by the court office. For more information on serving and proof of service, please see our Serving and Proof of Service page.
- Submit the original Notice of Trial in the relevant court office without delay.
On the day the case is being heard, you must bring all documents including correspondence, contracts, affidavits, forms, and any other documents relevant to your case. Please ensure you bring a copy for the judge and for each claimant. For more information, please see our What to Expect in Court page.
Practices in listing cases for hearing may vary in District Court areas, depending on the number of sittings and court directions. Therefore, it is advisable that you contact the relevant court office where the claim has been made for more information on the local District Court procedures.
Other options available to both you and the claimant include mediation or alternative dispute resolution processes. For more information on these options, please see our Legal Advice and Mediation page.