At Coastal Lawyers, we represent clients at all Central Coast and Newcastle Local Courts, including Gosford Local Court and Wyong Local Court. With years of experience in these courts, appearing before them has become second nature to us. However, for those unfamiliar with the court process, it can be an overwhelming and stressful experience.
In this week’s blog, we provide a simple rundown on the Local Court of NSW, helping you understand how it operates and what to expect when representing yourself or seeking legal representation.
What is the Local Court?
The Local Court of New South Wales (formerly the Court of Petty Sessions and the Magistrates Court) is established under the Local Court Act 2007 (NSW). It is one of the busiest courts in NSW, with over 160 locations statewide.
The Local Court handles the majority of minor criminal and civil matters, processing more than 90% of all criminal cases in NSW.
In 2018, the Local Court dealt with 339,219 cases across NSW. In 2022, the Local Court of New South Wales finalized approximately 123,000 criminal cases, marking a 12% increase from 2021. You can find more information here.
This rise reflects the court’s efforts to address delays caused by the COVID-19 pandemic. However, the median time to finalize a defended hearing increased to 310 days in 2022, up from 202 days in 2019, indicating ongoing challenges in managing caseloads. For the most current statistics, please refer to the Local Court’s Annual Reviews.
Types of Cases Handled in the Local Court
The Local Court mainly deals with two types of criminal offences:
Summary Offences
These are less serious matters such as drink driving, minor assaults, or shoplifting. They are usually dealt with entirely in the Local Court.
Most Local Court cases are prosecuted by the NSW Police, representing the Crown in summary matters.
In some cases, the Director of Public Prosecutions (DPP) may intervene and take over prosecution.
The DPP generally makes an election for more serious matters to be referred to the District Court or Supreme Court.
An election occurs when the offence is deemed too serious for the Local Court’s jurisdiction.
Why Choose Coastal Lawyers?
As former police officers and prosecutors, our team has extensive experience appearing in the Local Court, District Court, and Supreme Court. We know the system inside and out, giving us a unique perspective to help you navigate the legal process effectively.
Whether you’re dealing with a criminal charge, traffic offence, or another legal issue, our team at Coastal Lawyers will provide compassionate, trauma-informed advice to help you achieve the best possible outcome.
Book a Strategy Session
If you have a matter before the Local Court, don’t leave it to chance. Book a Strategy Session with Coastal Lawyers today and get the expert guidance you need.
Written by Coastal Lawyers- Central Coast Criminal Lawyers
Coastal Lawyers are Central Coast Criminal Lawyers located on the Central Coast at Erina.
Coastal Lawyers represent criminal law clients in all areas of criminal law, traffic law and apprehended and domestic violence (ADVO) and private personal violence orders (APVOs).
Founded by a former prosecutor and former police officer, with over 20 years combined experience we are experienced and confident advocates regularly appearing before the Local Court, District Court and Supreme Courts of New South Wales.
Coastal Lawyers appears at the Wyong Local Court, Gosford Local Court and the Gosford District Court as well as Supreme Court bail applications as required.
If you have been charged by police with a criminal offence then early legal advice is often crucial to the success of your case. Book in a 1 hour Strategy Session today.
Coercive control is a pattern of abusive behaviors used to dominate, manipulate, and control a partner. Unlike physical violence, coercive control can include subtle and persistent behaviors that isolate, intimidate, and degrade the victim, severely impacting their freedom and well-being.
Examples of coercive control include:
Isolating the victim from friends and family.
Monitoring movements, communication, or finances.
Intimidation, manipulation, and threats.
Restricting access to money or resources.
Acts of humiliation or degradation.
Repeated threats of violence or harm.
The New Coercive Control Laws in NSW
Under the Crimes Legislation Amendment (Coercive Control) Act 2022, coercive control is now a criminal offense in NSW. The new laws will take effect from 1 July 2024 and are designed to protect victims of domestic and family violence by criminalizing non-physical forms of abuse.
Key Elements of the New Laws
For a conviction of coercive control, the following must be proven:
The accused engaged in a course of conduct (a pattern of behavior, not isolated incidents).
The accused and victim were in an intimate relationship at the time.
The accused’s behavior was intended to coerce, control, or dominate the victim.
A reasonable person would consider the behavior likely to cause fear of violence or have a serious adverse effect on the victim’s daily activities.
Maximum Penalty
The offense carries a maximum penalty of seven years’ imprisonment.
When the Law Applies
The new law covers abusive behavior during and after intimate relationships.
It does not apply to relationships outside intimate partnerships, such as friendships or workplace interactions.
Exceptional Factors to Note
The court will examine the pattern of behavior, the relationship dynamics, and the victim’s experiences to determine the seriousness of the offense. Factors like financial control, isolation, and ongoing intimidation will weigh heavily in assessments.
Why These Laws Matter
The introduction of coercive control laws aims to close the gap in protecting victims of domestic and family violence. By criminalizing controlling behaviors, the law recognizes the profound harm these actions can cause, even without physical violence.
Support and Resources for Victims
If you or someone you know is experiencing coercive control, help is available:
Legal Aid NSW: Provides free legal assistance and resources for those affected by coercive control and domestic violence.
National Domestic Violence Helpline (1800 RESPECT): Offers 24/7 confidential support and counseling.
Local Community Legal Centers: Can guide you on your legal rights and next steps.
How Coastal Lawyers Can Help
At Coastal Lawyers, we understand the complexities of domestic and family violence cases. If you’re affected by coercive control and need legal advice, our experienced team is here to provide compassionate and expert guidance.
Contact Us Today
Take the first step toward protecting yourself and your loved ones. Schedule a confidential consultation with Coastal Lawyers.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
If you’re in the middle of a family law dispute and the court has ordered a Conciliation Conference, you might wonder what to expect and how to make the most of it. A Conciliation Conference is essentially a court-ordered mediation aimed at helping you and your former partner resolve your property or financial issues without the need for a drawn-out court battle. It’s your opportunity to settle things with less stress, less expense, and in less time. Let’s break down how it all works.
What’s the Purpose of a Conciliation Conference?
The goal of a Conciliation Conference is to reach an agreement in a way that minimizes conflict. Unlike court hearings, this process takes place in a more collaborative setting, often in front of a Judicial Registrar who will guide both parties to explore resolutions.
How It Works?
Introduction and Preparation: Here, the Judicial Registrar will outline their role, confirm the issues in dispute, and address any safety concerns. They’ll ensure both parties have disclosed necessary financial information and set a constructive tone for the session.
Exploring Solutions: This is the heart of the conference. The Registrar will help you and the other party identify areas where you agree, discuss options for resolving remaining issues, and encourage open dialogue to find a middle ground.
Concluding the Session: If an agreement is reached, the Registrar can make formal consent orders on the spot. If you can’t agree on everything, the Registrar may identify the next steps and issue a Certificate of Dispute Resolution, which the court will consider if the case continues.
How to Prepare for Your Conciliation Conference
Preparation can be key to getting the most out of the process. A few tips:
Gather Your Financial Information: Make sure you’ve disclosed all relevant documents, including bank statements, tax returns, and debt details. Full transparency is crucial.
Consider Your Goals: Think about what outcomes you’re aiming for and any areas where you might compromise.
Keep an Open Mind: Flexibility can help smooth negotiations, so come prepared to listen and consider options you might not have thought about.
What If You Don’t Agree?
Not every Conciliation Conference ends in agreement, and that’s okay. If you don’t reach a resolution, you’ll likely proceed to further court events. However, the discussions during the conference are privileged, meaning they can’t be used against you in court—unless there are serious concerns such as abuse or violence.
Need Guidance?
Navigating family law processes can be challenging, but you don’t have to go it alone. Reach out to Coastal Lawyers to discuss how we can support you through the Conciliation Conference and beyond.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
There are times in life where you might need to provide a National Criminal History Record Check (NCHRC)—essentially your criminal record, or confirmation that you don’t have one. This document can be required for a range of reasons, including:
Employment: Many employers request a criminal record check, especially for roles involving security, finance, or positions working with vulnerable individuals.
Visa Applications: Immigration authorities often require a record check to assess eligibility for visas and residency applications.
Adoption Applications: Authorities frequently need to confirm applicants’ records to ensure child safety.
Let’s walk through what a criminal record is, how you can get a copy, and why it’s essential to get legal advice if you’re facing court proceedings.
What is a Criminal Record?
Your criminal record is a history of any criminal convictions you’ve received, including fines, penalties, or other orders resulting from court proceedings. Even a minor conviction, like a fine for certain offenses, is recorded and could appear on your criminal record.
This is why obtaining legal advice before attending court is so important. A criminal conviction can impact your future opportunities, making certain applications or processes more challenging, such as visas, job applications, or even family-related applications.
Who Can Request a Copy of Their Criminal Record?
To request a criminal record check, you must:
Be a NSW resident
Be at least 14 years old
If you meet these criteria, you’re eligible to request a record check through official channels.
Where Can You Request a Copy of Your Criminal Record?
In New South Wales, there are a few ways to request your criminal record:
Application: You can apply online through the AFP website.
Accredited Agencies
Several private agencies are authorized by the Australian Criminal Intelligence Commission (ACIC) to provide criminal history checks. These agencies can process applications quickly, often within 24 hours, making them a convenient option for urgent needs.
Tip: When choosing an accredited agency, ensure they’re authorized by ACIC to guarantee the legitimacy of your certificate.
Why Legal Advice Matters
Having a criminal record can complicate your future plans and may affect applications, such as those for travel visas or job roles in sensitive sectors. This is where obtaining legal advice early on can make a difference. If you’re facing charges, a criminal lawyer can help assess the likelihood of conviction and advise on options to avoid long-term impacts on your record.
Coastal Lawyers is here to help you understand your rights and provide expert advice if you’re concerned about potential convictions or are preparing for a court appearance.
If you need guidance on managing or understanding your criminal record, or if you’re facing a criminal matter, contact Coastal Lawyers. We’re ready to provide the advice and support you need to make informed decisions about your future.
Written by Coastal Lawyers- Central Coast Criminal Lawyers
Coastal Lawyers are Central Coast Criminal Lawyers located on the Central Coast at Erina.
Coastal Lawyers represent criminal law clients in all areas of criminal law, traffic law and apprehended and domestic violence (ADVO) and private personal violence orders (APVOs).
Founded by a former prosecutor and former police officer, with over 20 years combined experience we are experienced and confident advocates regularly appearing before the Local Court, District Court and Supreme Courts of New South Wales.
Coastal Lawyers appears at the Wyong Local Court, Gosford Local Court and the Gosford District Court as well as Supreme Court bail applications as required.
If you have been charged by police with a criminal offence then early legal advice is often crucial to the success of your case. Book in a 1 hour Strategy Session today.
What Are Indictable Offences Dealt With Summarily?
Indictable offences are typically more serious criminal charges that are usually heard in higher courts, such as the District or Supreme Court. However, certain indictable offences can be heard in the Local Court if:
The offence falls below a prescribed threshold for seriousness.
Both the prosecution and defence agree to have the matter dealt with summarily.
This process is faster and less formal than a trial in a higher court, and penalties imposed in the Local Court are generally less severe.
Examples of Indictable Offences Dealt With Summarily:
Drug Offences
Possession of a trafficable quantity of prohibited substances (below a certain amount).
Small-scale drug supply cases.
Fraud and Dishonesty Offences
Obtaining property by deception (e.g., credit card fraud).
Minor embezzlement or forgery cases.
Assaults Causing Actual Bodily Harm (ABH)
Assaults involving injuries that are not life-threatening.
Property Offences
Break and enter with minor property damage.
Other Indictable Offences Eligible for Summary Disposal
Certain firearm or weapon offences.
Threats or intimidation not involving grievous bodily harm.
Key Benefits of Having an Indictable Offence Dealt With Summarily:
Faster Resolution: Cases are typically resolved much quicker in the Local Court compared to higher courts.
Lower Maximum Penalties: The Local Court has limited sentencing powers, so penalties are capped at:
2 years imprisonment per offence, or
5 years imprisonment in total for multiple offences heard together.
Cost-Effective: Legal and court costs are generally lower compared to District or Supreme Court trials.
How Are These Offences Processed?
Prosecuted by Police or DPP: While most are handled by the police, some serious cases are prosecuted by the Director of Public Prosecutions (DPP).
Decision by the Magistrate: The magistrate decides guilt or innocence and imposes the penalty, without the need for a jury.
Jurisdictional Limits: The magistrate assesses whether the offence is suitable to remain in the Local Court or should be referred to a higher court.
Why Legal Representation Matters
Indictable offences, even if dealt with summarily, carry serious consequences, including the possibility of imprisonment and a criminal record. Having an experienced lawyer ensures:
A strategic defence is presented.
Unnecessary escalation to higher courts is avoided.
You achieve the best possible outcome in your case.
Facing an Indictable Offence in the Local Court? At Coastal Lawyers, our team has extensive experience in defending clients charged with indictable offences in Local Courts across NSW. As former prosecutors and police officers, we know how to navigate the system to protect your rights.ession with us today for expert guidance and support.
Written by Coastal Lawyers- Central Coast Criminal Lawyers
Coastal Lawyers are Central Coast Criminal Lawyers located on the Central Coast at Erina.
Coastal Lawyers represent criminal law clients in all areas of criminal law, traffic law and apprehended and domestic violence (ADVO) and private personal violence orders (APVOs).
Founded by a former prosecutor and former police officer, with over 20 years combined experience we are experienced and confident advocates regularly appearing before the Local Court, District Court and Supreme Courts of New South Wales.
Coastal Lawyers appears at the Wyong Local Court, Gosford Local Court and the Gosford District Court as well as Supreme Court bail applications as required.
If you have been charged by police with a criminal offence then early legal advice is often crucial to the success of your case. Book in a 1 hour Strategy Session today.
Summary offences are less serious criminal matters that are dealt with entirely in the Local Court, without the need for a jury or trial in a higher court. These offences are usually resolved more quickly and with lower penalties compared to indictable offences.
Examples of Summary Offences:
Traffic Offences
Drink driving or drug driving
Speeding offences
Driving without a valid license
Minor Assaults
Fights or altercations causing minor injuries
Property Damage
Vandalism or graffiti
Intentional damage to someone else’s property
Shoplifting and Minor Theft
Theft of items below a certain value
Disorderly Conduct
Public intoxication
Offensive language or behavior
Drug Possession
Possession of small quantities of prohibited substances
How Are Summary Offences Processed?
Prosecuted by Police: Most summary offences are prosecuted by the NSW Police in the Local Court.
No Jury Required: Cases are heard and decided by a magistrate.
Simpler Procedures: Summary offences usually involve shorter hearings and faster resolutions.
Potential Penalties for Summary Offences
Fines
Good behaviour bonds
Community service orders
Short-term imprisonment (in more serious cases)
Why It’s Important to Seek Legal Advice
Even though summary offences are considered less serious, they can still carry significant penalties and have long-term consequences, such as:
A criminal record
Impact on employment or travel opportunities
Fines and financial strain
Seeking advice from a qualified lawyer, like Coastal Lawyers, ensures your case is handled professionally and with your best interests in mind.
Need Help With a Summary Offence? At Coastal Lawyers, we have extensive experience representing clients in Local Courts across NSW. If you’re facing a summary offence, book a strategy session with us today for expert guidance and support.
Written by Coastal Lawyers- Central Coast Criminal Lawyers
Coastal Lawyers are Central Coast Criminal Lawyers located on the Central Coast at Erina.
Coastal Lawyers represent criminal law clients in all areas of criminal law, traffic law and apprehended and domestic violence (ADVO) and private personal violence orders (APVOs).
Founded by a former prosecutor and former police officer, with over 20 years combined experience we are experienced and confident advocates regularly appearing before the Local Court, District Court and Supreme Courts of New South Wales.
Coastal Lawyers appears at the Wyong Local Court, Gosford Local Court and the Gosford District Court as well as Supreme Court bail applications as required.
If you have been charged by police with a criminal offence then early legal advice is often crucial to the success of your case. Book in a 1 hour Strategy Session today.
