Civil vs Criminal Law in Australia: What’s the Difference?

Civil vs Criminal Law in Australia (NSW): What You Need to Know

Quick guide for NSW: the key differences between civil and criminal law — who brings the case, the standard of proof, likely outcomes, and which court will hear it.

Australia has two distinct legal pathways that serve different purposes. Civil law and criminal law use different rules of evidence, timelines, and remedies. Knowing which system applies can save time, money, and stress.

We advise clients across both systems every day in New South Wales. If you need tailored guidance, reach out to Jameson Law.

Which Legal System Applies to Your Situation?

Civil law: private disputes and compensation

Civil law resolves disputes between people and organisations — contracts, negligence, property, commercial disagreements, and many family law issues. The goal is restoration (compensation or orders), not punishment. The plaintiff must prove their case on the balance of probabilities (more likely than not). Costs often “follow the event”, so the loser may contribute to the winner’s legal costs.

Criminal law: public prosecutions and penalties

Criminal law protects the community by prosecuting conduct outlawed by parliament — assault, theft, fraud, drug offences, and serious indictable crimes. The State prosecutes; the accused is presumed innocent until proven guilty beyond reasonable doubt. Learn more about the public nature of criminal law and how it differs from private disputes.

Key Differences at a Glance

• Burden/standard of proof: Civil = balance of probabilities; Criminal = beyond reasonable doubt. See our plain-English explainer on burdens & standards.
• Parties: Civil = plaintiff v defendant; Criminal = the Crown/State v accused.
• Purpose: Civil = compensation or compliance; Criminal = punishment, deterrence, rehabilitation, protection.
• Outcomes: Civil = damages, injunctions, specific performance; Criminal = fines, community orders, imprisonment, criminal record.
• Process: Civil matters prioritise negotiation/mediation and judge-alone hearings; Criminal matters may proceed to a jury for serious charges. See the NSW criminal court process.

Where Does Your Case Go?

Civil examples & forums

Common civil disputes include contract breaches, negligence (injury claims), property/strata issues, and many family matters. Depending on value and subject, matters are heard in tribunals or courts (Local, District, Supreme; and the Federal Circuit and Family Court for family matters). If you’ve been injured, start with our guide to personal injury law.

Criminal examples & forums

Criminal charges range from assault and theft to drug supply and sexual offences. Summary offences are heard in the Local Court; indictable matters progress to the District or Supreme Court. For traffic-related charges (e.g., drink or drug driving), see our NSW overview of traffic offences and penalties. For a court-by-court walkthrough, here’s our guide to Sydney’s criminal court system.

Can One Incident Trigger Both Systems?

Yes. A drink-driving crash may result in a criminal prosecution and a civil compensation claim. An assault can lead to State prosecution and a separate damages claim by the victim. Each case runs independently with different proof standards and remedies — details here: criminal vs civil law.

Practical Tips Before You Act

• Get early advice: Time limits, evidence preservation and strategy differ by system — speak with our civil litigation team or criminal defence team.
• Use your rights wisely: In criminal matters, exercise your right to silence and obtain advice before any police interview (see our NSW process guide).
• Budget & options: Ask about fixed fees, staged billing, or reduced-fee options. Our primer on affordable legal services covers practical pathways when funds are tight.
• Consider settlement: Many civil disputes resolve at mediation or via offers — saving time, cost and uncertainty.

FAQs

What’s the single biggest difference?
Civil cases aim to compensate; criminal cases punish and protect the community. Deep dive: civil vs criminal law in Australia.

What are the standards of proof?
Civil = balance of probabilities; Criminal = beyond reasonable doubt. Read our explainer on burdens & standards.

Do I have a right to silence?
In criminal matters, generally yes — and you should get advice first. Start with our NSW criminal process guide.

Can I face a civil suit after a criminal case?
Yes. The systems are separate and can run in parallel (e.g., assault charges plus a civil damages claim).

Need Help?

Whether you’re facing charges or a civil dispute, early advice changes outcomes. Speak to our criminal defence team or civil litigation team for clear next steps.

Disclaimer: This is general information, not legal advice. Get advice tailored to your circumstances.