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Key issues
- Have you registered for the Online Court?
- Which court is your matter listed in?
What is the Online Court?
The Online Court is a service that allows some court processes to be dealt with online without going to court in-person.
It is currently available in four jurisdictions:
- Local Court small claims (where parties are legally represented or self-represented individuals) and general division matters (where parties are legally represented), only when listed in certain locations
- District Court Sydney civil, if both parties are legally represented
- Supreme Court Corporations Registrars List, Equity General List before the Equity Registrar and Possessions List (Common Law) before the Possession List Registrar
- Land and Environment Court.
It is gradually being extended to include other court lists.
You can only use the Online Court if your matter is eligible.
For more information, see:
Who can use the Online Court?
The Online Court can be used by parties to a case, or their legal representatives, who are registered in the Online Registry.
How can I find a case in the Online Court?
You can search for matters in the Online Court on the Search NSW Court and Tribunal Lists page on the NSW Online Registry website. Matters in the Online Court will appear in the search up to three weeks in advance. They will be marked as Online Court matters in the Listing type and Location fields.
When can I use the Online Court in the Small Claims Division Local Court matter?
In a small claims matter, your matter automatically goes to the Online Court if:
- you and the other party have a NSW Online Registry account
- a defence is lodged and your matter is set for an in-person court date
- your matter is handled by a participating local court.
For more information, see How do I defend a small claim online? on the NSW Online Registry website.
When can I use the Online Court for a civil matter in the Land and Environment Court?
The Online Court can be used for all civil matters in the Land and Environment Court of NSW.
For more information, see:
- Online Services on the Land and Environment Court of NSW website
- Land and Environment Court on the NSW Online Registry website.
What can I do on the Online Court?
On the NSW Online Registry, you can:
- start a case
- lodge documents online
- access documents that were filed online
- check hearing dates, conciliation conference date and adjournments
- message the other party and the Court
- make requests to the Court
- respond to requests.
For more information, see Representing Yourself on the NSW Online Registry website.
Can I pay the Court fees online?
You can pay the Court fees online by credit card or debit card.
If you have to pay multiple fees, you can register your card payment details so that you don't have to enter them for each transaction.
Once you have paid the Court fee, you will be emailed a tax invoice.
If you don't have a credit card or debit card, you will need to download the relevant form(s) and file them in person or by post. You can ask the Court to email you the payment form.
Your form won't be submitted to the Court until you pay the relevant court fee.
Can I request to waive or postpone a court fee online?
No. If you want to request to waive or postpone payment of a court fee, you can:
- download a copy of the application form and file it at the Court registry where your case is being heard
- email the Court registry.
What are requests?
Requests can include:
- adjourning (postponing) your court date
- seeking specific orders, for example, seeking permission to get an expert witness or to issue a subpoena
- setting a hearing date
- asking the Court to deal with your matter in person.
It is a good idea to try and come to an agreement with the other party about how you want to proceed before making any requests, to avoid delays in dealing with your matter or potential costs if the other party is represented.
For more information, see How to make, counter and consent requests in Online Court on the NSW Online Registry website.
I have received an email from the Online Court asking me to make a request. What do I have to do?
If you have a matter in the Online Court, you should receive an email asking you to make a request to the Court to either:
- adjourn your matter for further pre-trial review, or
- adjourn your matter for hearing.
If you are still trying to negotiate a resolution with the other party and your matter is not ready to be listed for a hearing, you should send a request to the Court to adjourn your matter for further pre-trial review.
If you have been unable to negotiate a settlement and your matter is ready for hearing, you should send a request to the Court for an order adjourning your matter for hearing.
When you make your request, you can also ask for additional orders, including:
- a direction for oral cross-examination of witnesses
- leave (permission) to use an expert witness
- leave to issue a subpoena
- request for further and better particulars
- to file amended statement of claim or defence.
The deadline for making any requests is 12 noon the day before your matter is to be heard in person. The other party will have until 3pm on the same day to respond to your request.
If you miss the deadline to send an email, you should go to court in person on the date listed or the Court may make orders in your absence.
If an order is made, the Court will notify you and the other party by email.
For more information, see How to make, counter and consent requests in Online Court on the NSW Online Registry website.
If I send a request on the Online Court, how will I know if somebody has seen it?
If you make a request, the other party will receive an email notification as well as an update that they can see on the Online Court. You will get an email notification once the other party consents or counters the request and you can see the change on the Online Court.
Who gets the email notification?
If you are representing yourself, you will get all email notifications. If you have a solicitor, they will receive the notification.
Is there a deadline to make requests?
The deadline for making any requests is 12 noon the day before your matter is to be heard. Then, the other party can respond by 3 pm on the same day.
What can I do if I miss the deadline?
If you have missed the cut off times for the Online Court, you will not be able to make a request or respond to a request and must attend court in person. If the cut off time has only just been missed, you can send a message to the Court. If the Court sees your message in time, it will respond and notify the parties of its decision.
Do I have to attend court in person for a pre-trial review or hearing?
If you and the other party both have a NSW Online Registry account and your matter is handled by a participating local court, generally call-overs and pre-trial reviews are held online unless the court has notified you to attend in person. Pre-trial reviews are dealt with remotely unless the Court has granted leave for the parties to appear in person.
If orders are made before the pre trial review date, the parties will be notified by email and won’t need to attend.
If you are unsure whether your matter has been listed for an online appearance or an in-person appearance, you should contact the Court.
Can I get a transcript for my case on the Online Court?
If you are a party to the matter, you can email the Court to make a request a free transcript.
If you are not a party, the registrar will consider the request.
For more information, see Can I get a transcript of the Online Court record for my case? on the NSW Online Registry website.
Who can I contact if I am having trouble using the Online Court?
If you are having trouble using the Online Court, NSW Online Registry support staff can help you.
You can contact the Online Registry Support Staff by:
- phoning 1300 679 272
- completing the enquiry form located on the Contact us page, or
- emailing them via onlineregistry-support@justice.nsw.gov.au.
Can I opt out of the Online Court?
If you don't want to use the Online Court and prefer to go to Court in person, you can contact the Court and request it. They will usually ask you to put the request in writing. You will then need to attend court in person for each listing date unless advised otherwise.
Last updated: November 2023