The client has stopped paying and you are weighing two options. Send a Letter of Demand and give them another chance, or file a claim straight away (in New South Wales the Local Court, not NCAT; elsewhere VCAT, QCAT or the equivalent body in your state) and let the tribunal or court sort it out. Both feel reasonable. Only one is the right opening move in almost every case.
For the forms, fees and each step, see our guide to making an NCAT application.
The answer is sequencing, not choice. A Letter of Demand first, then a tribunal or court claim if needed, is the standard Australian debt-recovery sequence — and skipping the first step makes the second one harder, slower and more expensive than it needs to be.
One correction on the forum before you choose. In New South Wales, a business owed money has a debt claim for the Local Court of New South Wales, not NCAT: NCAT hears consumer claims, which are brought by the consumer. The Local Court’s Small Claims Division hears claims up to $20,000 and its General Division hears claims over $20,000 up to $100,000. Other states use their own tribunal or court.
Why tribunals and courts expect a Letter of Demand first
The Local Court in New South Wales, VCAT, QCAT and the equivalents in other states are designed to resolve disputes that have been put properly to the other side and remain unresolved. While they will accept applications without a prior Letter of Demand in most matters, the absence of one carries three real costs:
- Members frequently ask why a demand was not sent and adjourn for it to be issued
- Cost orders for any legal expenses you have incurred can be reduced or refused where you skipped the obvious step
- The other side is more likely to file a counter-claim or dispute when they have not had a chance to engage commercially first
Why a Letter of Demand often resolves the matter without filing
Many clients pay on receipt of a properly drafted Letter of Demand because the document changes their internal calculus. Before the letter, you were a creditor sending reminders. After the letter, you are a creditor with a defined legal trajectory and a 14-day clock. Filing fees, hearing dates, and the public record become real considerations rather than abstractions. A meaningful proportion of debts are recovered at this step, with no tribunal required.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
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What Claim Done delivers
- Debt particulars laid out cleanly with contractual and statutory basis
- 14-day deadline with the specific tribunal or court named (the Local Court in New South Wales, VCAT, QCAT, etc.)
- Pre-empts the most common counter-claims and disputes
- Drafted and sent as a PDF for a flat $49
- Where the demand is ignored, the same matter can be moved to a Tribunal Application ($97), which drafts a Local Court statement of claim for a New South Wales debt, without re-doing the foundation
Common pushbacks and why they fail
- “We are happy to see you in tribunal.” Most clients who say this never want to actually attend a hearing. Pressure-test by holding to the deadline.
- “That demand is not legal.” A Letter of Demand is not a court document; it does not need to be filed or sealed. It is a private letter setting out a legal position.
- “You did not give us notice.” The Letter of Demand is the notice. Once sent, this defence disappears.
- “We dispute everything.” Blanket dispute claims rarely survive specific pleadings; the tribunal will require particulars.
Next escalation if the demand is ignored
If 14 days pass with no payment and no genuine dispute raised in writing, the path forks by jurisdiction. In New South Wales the debt goes to the Local Court, not NCAT: the Small Claims Division hears claims up to $20,000 and the General Division over $20,000 up to $100,000. VCAT in Victoria hears these claims in its Civil Claims List. QCAT in Queensland handles minor civil disputes up to $25,000. Other states use their own tribunal or Magistrates Court. Filing fees change each 1 July; check the current fee on the tribunal’s or court’s website before you file. Lawyers are not required, and the claim follows directly from a properly drafted Letter of Demand. Claim Done’s Tribunal Application service is $97, drafts a Local Court statement of claim for a New South Wales debt, and uses the demand you have already sent as the foundation document.
Send a formal Letter of Demand. Done in about 5 minutes.
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What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.