How to Sue Someone in Australia: Small Claims Steps, Costs and Limits

To sue someone in Australia for money, you send them a letter of demand first and, if they still do not pay, file a claim in your state or territory’s small claims court or civil tribunal. Each state sets its own limit, from $10,000 for a minor case claim in Western Australia up to $100,000 for a consumer claim at NCAT in New South Wales, and these forums are less formal than the higher courts, so you can bring a claim yourself. Your main costs are the filing fee, serving the papers and, if they ignore an order, an enforcement fee.

Can you sue someone in Australia?

Yes. A person or a business can bring a civil claim against another person, business or company that owes them money or caused them a loss. Before you start, check four things.

• A legal reason to claim. An agreement they broke (written, verbal or by email), a debt they have not paid, goods or services that did not meet the consumer guarantees under the Australian Consumer Law, or damage they caused to your property.
• Evidence. Quotes, invoices, contracts, messages, photos and bank records showing what was agreed, what went wrong and how you worked out the amount.
• The right party. If the other side is a company, you need its correct name and registered office address. South Australia’s courts point people to ASIC for this. You can search the ASIC registers and ABN Lookup, which shows whether an ABN is active or cancelled.
• Time. Claims have time limits, and they vary by state and type of claim. For example, VCAT says you should generally apply within six years of a goods and services dispute, and Queensland’s Limitation of Actions Act 1974 sets six years for most contract claims. Check the limit for your state early if your dispute is old.

How to sue someone, step by step

1. Gather your evidence and work out exactly how much you are owed and why.
2. Identify the other party by full name, or by company name and registered office.
3. Send a formal letter of demand with the amount, the reason and a firm deadline.
4. Choose the right forum for your state, your type of claim and the amount (see the table below).
5. File your claim, pay the filing fee and make sure the other party is served.
6. Attend the conference or hearing with your evidence in order.
7. Enforce the order through the court if they still do not pay.

Start with a letter of demand

A letter of demand is the formal step between asking nicely and filing a claim. The Local Court of NSW says that if someone owes you under $10,000 you can try talking to them or sending a letter of demand, and South Australia’s courts describe a claim as the step you take after a final notice or letter of demand has not worked. ACAT lists a letter of demand among the documents you can attach to a civil dispute application.

A strong letter names the right party, states the amount and how it is calculated, explains why it is owed, sets a deadline and names the court or tribunal you will file in. Keep it factual and only state steps you intend to take. You can have a letter of demand prepared from your answers: you check and approve it, then Claim Done sends it to the other party. If your dispute is an unpaid invoice, see what to do when a client won’t pay a final invoice.

Free options worth trying first

A free government or industry body may help you resolve the dispute without suing:

• A problem with a business: your state or territory consumer agency, such as NSW Fair Trading, Consumer Affairs Victoria or Queensland’s consumer complaint service.
• Phone and internet: the Telecommunications Industry Ombudsman, which offers free, independent help with complaints against providers.
• Unpaid wages: the Fair Work Ombudsman, which has a pay calculator and guidance on fixing a workplace problem.
• Small business disputes: the Australian Small Business and Family Enterprise Ombudsman, which takes requests for help through its dispute form.

Where to sue: small claims courts and tribunals by state

Every state and territory has a lower-cost forum for smaller claims. The limits below come from each court or tribunal’s own website. The filing fee column is what an individual pays to file a $5,000 claim under each forum’s 2026–27 fee schedule, checked on 11 October 2026. Companies pay more, and fees change each financial year, so check the linked fee page before you file.

In New South Wales, NCAT hears consumer claims, such as faulty goods or services you paid for, and the Local Court hears other civil claims such as debts. In Victoria, disputes about goods and services you bought or sold go to VCAT, and the Magistrates’ Court can hear debts and damages claims up to $100,000. For state walkthroughs, see taking someone to NCAT over an unpaid invoice, taking a contractor to VCAT and the QCAT minor civil dispute process.

Filing and serving your claim

Each forum has its own form, and many can be lodged online. You set out who the parties are, what happened, the amount you claim and the orders you want, then attach your evidence and your letter of demand. Name a company by its registered name, and a sole trader by the owner’s name as well as the business name.

If you would rather not start from a blank form, Claim Done’s Tribunal Application pack ($97) prepares the application for your state from your answers, plus a witness statement (in New South Wales, a witness statement outline you complete in your own words). You lodge it with the court or tribunal yourself.

The claim then has to reach the other side. Some forums serve it for you and others leave it to you, so read the forum’s instructions and our guide to serving legal documents in Australia. Many forums hold a conference, mediation or conciliation before any hearing: in Tasmania, a defended minor civil claim goes to a conciliation conference, and in Victoria, defended Magistrates’ Court claims under $10,000 go to arbitration. VCAT says that in general you should expect to wait 52 weeks from applying to your mediation or hearing.

How much does it cost to sue someone?

For a small claim you run yourself, you pay:

• The filing fee. Each court or tribunal sets its own, and it depends on the amount you claim. VCAT, for example, charges a higher fee for goods and services claims over $15,000. See the fee links in the table.
• Serving the claim, if the forum leaves that to you.
• Enforcement fees if you get an order and the other party does not pay. VCAT notes that these court fees can be added to the debt.

Legal costs are limited in small claims. Tasmania’s Magistrates Court says there are no legal costs for a minor civil claim because parties represent themselves, and it does not generally compensate a self-represented party for time spent on the case. In Western Australia, if you claim $10,000 or less you may only recover the allowable costs set by law unless the court orders otherwise. VCAT offers concessions and fee relief to people who qualify.

Other help is available. National Legal Aid represents the eight independent Legal Aid Commissions, one in each state and territory. Legal Aid NSW offers legal advice, help at court and guidance for representing yourself, and Victoria Legal Aid publishes free booklets and fact sheets. Community legal centres, more than 160 independent non-profit services, give mostly free advice.

If you get an order and they still do not pay

An order in your favour is not money in your account. These tribunals do not enforce their own money orders: an NCAT money order is registered with the Local Court (or the District Court over $100,000), a VCAT order of $100,000 or less is enforced through the Magistrates’ Court of Victoria, a QCAT decision filed in court can be enforced like a Magistrates Court order, and an NTCAT order is registered with the Local Court. Enforcement only starts when you apply for it.

The Magistrates’ Court of Victoria, for example, offers five enforcement options: a summons for oral examination (questioning the debtor about their finances), a warrant to seize property, attachment of a debt, an attachment of earnings order and an instalment order. Other states have similar tools, such as oral examination in Tasmania. VCAT warns that a debtor may be bankrupt or have no property or income to pay with. See our guide on how to enforce a tribunal order.

Frequently asked questions

Can you sue someone in Australia without a lawyer?

Yes. In minor claims, South Australia does not allow legal representation except in special circumstances, Western Australia does not allow a lawyer unless the court gives permission, and Tasmania requires parties to represent themselves unless the court allows otherwise. For bigger disputes, the Local Court of NSW suggests getting legal advice if the amount is over $10,000. Legal Aid commissions and community legal centres can also help.

How much does it cost to sue someone?

For a small claim, the main costs are the filing fee, serving the claim and any enforcement fees. For a $5,000 claim brought by an individual, the 2026–27 filing fees in the table above range from $64 (NCAT) to $259 (NTCAT). Filing fees depend on the forum and the amount claimed, so check the fee page for your court or tribunal. You usually cannot recover much for legal costs or your own time.

How do you sue a company?

Name the company by its exact registered name and use its registered office address. Search the ASIC registers to confirm its details and ABN Lookup to check the business. For a sole trader, name the owner as well as the business name, as South Australia’s courts explain.

Can you sue an individual, not just a business?

Yes. You can bring a claim against a person in the same small claims courts and tribunals as a claim against a business. Use their full name and a current address, because the claim has to be served on them. If they trade as a sole trader, name the owner as well as the business name. Send a letter of demand first. Before you file, think about whether they can pay: VCAT warns that a debtor may be bankrupt or have no property or income to pay with.

What is the easiest way to sue someone?

Start with a letter of demand that states the amount, why it is owed and a deadline. If they still do not pay, file in your state’s small claims court or tribunal (see the table above). Many forums let you lodge online, the process is less formal than in the higher courts, and in several states lawyers are kept out of minor claims unless the court allows them. You can prepare and run a small claim yourself.

How long do I have to sue someone?

It depends on your state and the type of claim. VCAT says you should generally apply within six years of a goods and services dispute, and Queensland’s Limitation of Actions Act 1974 sets six years for most contract claims. Other states and other kinds of claim can differ, so do not wait if your dispute is getting old.

What happens if they ignore my claim?

You may be able to get an order without a hearing. In the Magistrates’ Court of Victoria, if the defendant does not file a defence after 21 days you may apply for a court order, called a default judgment. At ACAT, judgment may be entered against a respondent who does not respond within the time frame, which is usually 21 days.

Can I sue someone who lives in another state?

Yes, but it can change where you file. VCAT says it cannot help with some cases where one party lives in another state, and the Magistrates’ Court of Victoria generally hears those cases under its federal jurisdiction. In New South Wales, some disputes with a party in another state must go to the Local or District Court instead of NCAT. Check with the court or tribunal before you file.

Claim Done prepares your letter of demand from your answers for you to check, for $49. Once you approve it, Claim Done sends it to the other party. It is not legal advice, and Claim Done does not represent you.