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Debt recovery
We’re experts at helping our clients recover money that is owed to them. In our experience, it’s important to take a pragmatic approach to these situations and to make sure that proper due diligence is done before expending resources on pursuing a debtor.
We can evaluate your particular situation and give you our objective advice as to the best way forward. This may include making a formal written demand on your behalf upon the debtor for payment, or if the situation has progressed beyond that point, issuing a claim in the District Court or High Court or taking other appropriate action. Some of these options are set out below.
Disputes Tribunal
The Disputes Tribunal is designed to be a relatively quick and inexpensive way of dealing with low-level civil disputes. Proceedings are conducted by a referee who is empowered to rule in accordance with the substantive merits and justice of the case. A Tribunal order for the payment of money can be enforced in the same way as a District Court judgment.
In January 2026, the Tribunal’s monetary jurisdiction was doubled to allow it to deal with claims of up to $60,000. This means that the Tribunal can now handle many disputes that would previously have needed to be brought in the District Court.
Lawyers can’t attend a Disputes Tribunal hearing with a client, but we have found that we can provide valuable assistance by helping to prepare claims and ensuring that all relevant material is before the Tribunal. This is particularly important given the Tribunal’s increased jurisdiction, as there is now the potential for substantial monetary awards to be made with only very limited rights of appeal.
It’s important to understand that the Disputes Tribunal can only deal with cases where there is a dispute between the parties. If a party does not dispute liability but simply refuses to pay what they owe, then the claim will usually need to be brought in the District Court.
District Court litigation
The District Court is a court of record and deals with most civil disputes of up to $350,000. Proceedings are formal in nature and follow the rules of pleading and evidence.
In cases where a defence is not filed and the claim is for a liquidated (i.e. readily ascertainable) sum, a default judgment can be obtained without an in-person hearing being required. In other cases where there is no reasonably arguable defence, summary judgment can be sought.
If a claim is fully defended, a trial will be held before a Judge to make a determination. Such trials are relatively rare in the District Court, as there will often be an opportunity for court-facilitated alternative dispute resolution before a trial is set down, in the form of a judicial settlement conference. This is essentially a type of mediation conference that takes places at the courthouse and is facilitated by a District Court Judge. The overwhelming majority of cases will resolve at this stage, if not earlier.
High Court litigation
The High Court primarily deals with claims over the District Court’s jurisdictional limit of $350,000 or where, regardless of the amount in issue, the nature of the claim and the associated legal issues make it appropriate for the High Court to deal with the matter.
Recent changes (January 2026) to the rules of procedure in the High Court place an emphasis on proportionality in civil litigation, together with a requirement for written evidence to be filed and exchanged much earlier in the process than previously required.
Considering legal action?
Pursuing a civil claim in the District Court can be costly, and even more so in the High Court. Careful consideration needs to be given to the merits of the intended claim, the likely cost-benefit of pursuing the claim to a judgment and the prospects of recovery from the defendant if the claim is successful.
In addition to these matters, it’s important to be aware of the costs regime that operates in the District and High Courts. Both courts operate on the basic principle that costs follow the event, which means that the unsuccessful party will usually be required to pay a reasonable contribution to the costs of their successful opponent. Costs orders almost never amount to a full reimbursement of costs incurred, but can still be substantial.
How we can help
Our litigation team regularly assists clients with pursuing claims, from making written demands for payment through to conducting trials in the High Court and District Court. Contact us today for an initial no-obligation discussion regarding your situation.