How Much Does It Cost to Take Someone to Tribunal in Australia?

Tribunal and court filing fees in Australia depend on your state, the forum that hears your claim and the amount you claim, and they change each 1 July. But the filing fee is only part of what you’ll pay.

This guide explains where a claim goes in each state, the other costs to budget for, and what you can recover if you win.

Where your claim goes in each state

Filing fees are set by each state and territory government. The fee depends on the amount you’re claiming and which tribunal or court has jurisdiction. In some states a money claim goes to a tribunal; in others it goes to a court.

New South Wales — NCAT or the Local Court

A consumer suing a business over goods or services makes a consumer claim at the NSW Civil and Administrative Tribunal (NCAT), up to $100,000. A business chasing an unpaid invoice or debt has a debt claim for the Local Court of New South Wales, not NCAT: the Small Claims Division hears claims up to $20,000 and the General Division hears claims over $20,000 up to $100,000.

Victoria — VCAT

The Victorian Civil and Administrative Tribunal (VCAT) hears goods and services disputes, including unpaid money, in its Civil Claims List.

Queensland — QCAT

The Queensland Civil and Administrative Tribunal (QCAT) hears minor civil disputes up to $25,000.

South Australia — Magistrates Court

Money claims and consumer claims go to the Magistrates Court of South Australia: a minor civil action up to $12,000, and general claims up to $100,000.

Western Australia — Magistrates Court

Money claims and consumer claims go to the Magistrates Court of Western Australia: minor case claims up to $10,000, and general procedure claims up to $75,000.

Tasmania — Magistrates Court

Money claims and consumer claims go to the Magistrates Court of Tasmania (Civil Division), for claims up to $50,000.

Australian Capital Territory — ACAT

The ACT Civil and Administrative Tribunal (ACAT) hears civil disputes up to $25,000.

Northern Territory — NTCAT

The Northern Territory Civil and Administrative Tribunal (NTCAT) hears small claims up to $25,000.

Filing fees change each 1 July; check the current fee on the tribunal’s or court’s website before you file.

Other costs you need to consider

Service fees — You must serve the application on the other party:

• Registered post: $10–$15
• Process server: $80–$150 per address
• Email or hand delivery: free (if the tribunal allows it)

Evidence preparation — You may need:

• Certified copies of documents: $10–$30 per document
• Expert reports (building, medical, valuation): $500–$3,000+
• Photographs, videos, or other exhibits: variable

Witness expenses — If you need witnesses to attend:

• Travel and accommodation costs
• Lost wages (if they take time off work)
• Professional witness fees (for experts)

Tribunals generally discourage legal representation for small claims. Some divisions prohibit it entirely unless you get permission.

Interpreter or accessibility services — Check whether the tribunal provides this free of charge. Policies vary by state.

What you can recover if you win

Winning does not automatically mean you get your costs back.

General rule: no costs awarded

Most Australian tribunals operate on a “no costs” basis for standard civil disputes:

• Each party pays their own legal costs
• The tribunal does not order the losing party to reimburse the winner’s legal fees
• You can typically recover the filing fee and certain disbursements, but not your lawyer’s bill

Exceptions: when you can recover costs

Tribunals can award costs in specific circumstances:

Unreasonable conduct — If the other party acted unreasonably, vexatiously, or in bad faith, the tribunal may order them to pay your costs. Examples include:

• Refusing a reasonable settlement offer
• Failing to comply with tribunal directions
• Making false or misleading statements
• Deliberately prolonging the case

Specific divisions — Some tribunal divisions allow cost recovery:

• VCAT Building and Property List: costs can be awarded
• NCAT Appeal Panel: costs may be awarded on appeal
• QCAT Commercial and Consumer disputes: costs discretionary in some cases

Settlement or consent orders — If you settle before the hearing, you can negotiate who pays costs as part of the settlement.

Disbursements — Even where legal costs are not awarded, you can usually recover:

• Filing fees
• Service fees
• Expert report costs (if the tribunal ordered them)
• Witness travel expenses (if the tribunal ordered their attendance)

Always check the specific tribunal rules for your state and division.

How to minimise your tribunal costs

Represent yourself — Most tribunal matters are designed for self-representation. Tribunal members are experienced in dealing with unrepresented parties.

Prepare your evidence early — The more organised you are, the less time you’ll spend gathering documents at the last minute.

Try to settle — Tribunals encourage settlement. If you can negotiate a resolution before the hearing, you save time, stress, and money.

Use free dispute resolution services — Many states offer free or low-cost mediation and conciliation services before you file:

• Community Justice Centres (New South Wales)
• Dispute Settlement Centre of Victoria
• Dispute Resolution Branch (Queensland)

Get your documents right the first time — Tribunal applications that are incomplete or incorrectly drafted can be rejected or delayed.

How Claim Done helps

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• A professionally formatted tribunal application
• A witness statement (in New South Wales, an outline you complete in your own words)
• A statement of claim citing the applicable law (for a New South Wales debt, a Local Court statement of claim)
• Evidence checklists and filing instructions

You file it yourself. You keep control of your case.

Claim Done does not give legal advice.

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Frequently Asked Questions

Can I get my tribunal filing fee back if I win?

Usually yes. Most tribunals allow you to recover your filing fee and certain disbursements (like service fees and expert reports) even if they don’t award legal costs. Check your tribunal’s specific rules.

Do I need a lawyer to go to tribunal in Australia?

No. Tribunals are designed for self-representation. Some tribunal divisions prohibit legal representation unless you get permission.

What happens if I lose my tribunal case?

You’ll usually have to pay the amount ordered by the tribunal, plus your own costs. In most cases, you won’t have to pay the other party’s legal costs unless the tribunal finds you acted unreasonably.

How long does a tribunal case take in Australia?

Simple consumer disputes can be faster. Complex matters involving expert evidence or multiple parties may take longer.

Can I appeal a tribunal decision?

Yes, but only on limited grounds — usually errors of law or procedural unfairness. Appeals are heard by the tribunal’s appeal panel or, in some cases, the Supreme Court. You must file within strict time limits (usually 28 days).