What is the Difference Between Civil and Criminal Disputes?
Understanding the distinction between civil and criminal disputes is essential for anyone navigating Australia’s Litigation and Dispute Resolution system. Although both areas involve conflict and may result in court proceedings, they address entirely different legal issues, processes and outcomes. Knowing the difference helps individuals and businesses take the right steps when a dispute arises and ensures they pursue the most effective legal pathway.
What Is a Civil Dispute?
Civil disputes involve disagreements between private individuals, businesses or entities. They typically arise when someone believes another party has failed to meet a legal obligation, breached a contract or caused harm that results in loss or damage.
Common types of civil disputes in Australia include:
The objective in a civil matter is not to punish the other party but to resolve the dispute, compensate for losses, or enforce rights. Remedies may include:
Monetary compensation (damages)
Injunctions (court orders requiring or prohibiting certain actions)
Specific performance (forcing a party to fulfil a contractual obligation)
Criminal disputes involve actions deemed harmful to society as a whole, even if a specific individual is affected. Crimes are prosecuted by the State, such as the Commonwealth Director of Public Prosecutions (CDPP) or state/territory prosecution authorities.
Examples of criminal offences include:
Assault or violence-related offences
Theft, burglary or robbery
Fraud and white-collar crime
Drug offences
Serious traffic offences (e.g., drink-driving)
The primary aim of criminal proceedings is to determine guilt and impose a penalty. Sentences may include:
Imprisonment
Fines
Community-based orders
Good behaviour bonds
License disqualification
Because criminal offences affect public safety and order, the consequences are significantly more serious than those in civil matters.
Who Bears the Burden of Proof?
One of the most important differences between civil and criminal disputes lies in the burden and standard of proof.
Civil Matters: Balance of ProbabilitiesThe plaintiff must prove that their version of events is more likely than not to be true. This is a lower standard of proof and reflects the compensatory—not punitive—nature of civil claims.
Criminal Matters: Beyond Reasonable DoubtProsecutors must prove the defendant’s guilt to a much higher standard: beyond reasonable doubt. This higher threshold protects individuals from wrongful conviction and reflects the seriousness of criminal penalties.
Garnishee orders must be proportionate and leave the debtor with sufficient income to cover basic living expenses, but they can provide steady and reliable repayment over time.
How Are Civil and Criminal Matters Commenced?
In civil disputes, proceedings begin when the plaintiff files a claim or application with a relevant court or tribunal. Many matters are also resolved through negotiation, mediation or other dispute resolution pathways before reaching trial.
In criminal matters, police or prosecuting authorities investigate the alleged crime, press charges where appropriate, and take the matter to court. The victim of the crime does not decide whether the case proceeds—this is up to the State.
The Role of Alternative Dispute Resolution (ADR)
Australia’s legal system strongly encourages Alternative Dispute Resolution methods such as mediation, conciliation and arbitration. ADR is used predominantly in civil matters to help parties resolve disputes efficiently and cost-effectively.
While less common in criminal matters, restorative justice conferences may be used in certain cases involving young offenders or minor offences.
Civil and criminal cases move through different court structures, though some courts hear both types of matters.
Civil outcomes focus on:
Compensation
Enforcing rights
Commercial resolution
Criminal outcomes focus on:
Punishing unlawful conduct
Protecting the community
Deterring future offences
Additionally, civil cases may be settled privately at any time. Criminal cases, however, rely on the State’s decision-making and public interest considerations.
Why Understanding the Difference Matters
Choosing the correct pathway is essential. For instance:
If you seek compensation or wish to enforce a contractual right, a civil claim is appropriate.
If you have been the victim of a crime, report it to police so the matter can be addressed through the criminal justice system.
Understanding your rights ensures you follow the correct procedures and obtain the outcome you deserve.
If you’re facing a civil dispute, responding to criminal allegations or simply need advice on the best way forward, our Litigation and Dispute Resolution specialists can guide you through every step.
