Small Claims in Australia — Complete Guide by State | Claim Done
Small Claims in Australia — Complete Guide by State
“Small claims” is a general term for low-value civil disputes heard by a tribunal or local court without formal legal proceedings. Each Australian state and territory has its own system with different claim limits and procedures.
Small claims limits by state
| State | Tribunal | Civil claim limit | Typical dispute types |
|---|---|---|---|
| NSW | NCAT | $30,000 | Consumer, commercial, tenancy |
| VIC | VCAT | $100,000 | Civil, consumer, tenancy, building |
| QLD | QCAT | $25,000 | Consumer, tenancy, commercial |
| WA | SAT / Magistrates Court | $75,000 (Mag Court) | Consumer, commercial, tenancy |
| SA | SACAT | $12,000 (minor civil) | Consumer, commercial |
| ACT | ACAT | $25,000 | Consumer, civil, tenancy |
| TAS | Magistrates Court | $50,000 | Civil, consumer |
| NT | NTCAT | $25,000 | Consumer, tenancy, civil |
Do you need a lawyer for small claims?
No. Australian civil and administrative tribunals are specifically designed for self-represented parties. Legal representation is often restricted in the lower claim divisions and requires the tribunal’s permission. The process is intentionally accessible — you present your evidence, the other party responds, and the tribunal member makes a decision.
Before filing — send a letter of demand
Every Australian tribunal expects to see evidence that you attempted to resolve the dispute before filing. A letter of demand that has been ignored satisfies this requirement. Without it, your application may be dismissed or adjourned.
What evidence do you need?
- The contract, invoice, or written agreement
- Correspondence showing the dispute (emails, texts, letters)
- Your letter of demand and proof it was sent
- Photos, quotes, or other documents supporting your loss
- A clear statement of what you are claiming and why
How Claim Done helps
Claim Done prepares your complete tribunal application — including the application form, witness statement, and evidence bundle — ready for filing. Combined with a letter of demand (which we also prepare), you have everything you need to run your claim from start to finish.
How to make a small claim in Australia — step by step
- Send a letter of demand first — most tribunals require (or strongly expect) that you have put the other party on formal notice before filing. Claim Done can generate and send your letter today for $97.
- Gather your evidence — invoices, contracts, receipts, emails, text messages, photos of damage
- Complete the application form — each tribunal has its own form. Claim Done's tribunal application service generates a completed form for your state.
- Pay the filing fee — fees vary by state and claim amount (typically $30–$350)
- Serve the respondent — you must give the other party a copy of your application. Tribunals provide service instructions.
- Attend the hearing — most small claims hearings are informal. Bring all your evidence. Represent yourself or bring a support person.
Can I bring a lawyer to a small claims hearing?
In most Australian tribunals, legal representation is either prohibited or requires leave of the tribunal. This is intentional — it levels the playing field for individuals against businesses. You do not need a lawyer; you need clear, well-organised documents and evidence.
What happens after a decision?
If the tribunal rules in your favour, the other party is ordered to pay. If they refuse, you can register the order with the court and use enforcement mechanisms including garnishing wages or bank accounts.
How Claim Done helps with small claims
Claim Done provides two key services for small claims:
- Letter of demand ($97) — the required pre-action step before filing a tribunal claim
- Tribunal application ($197) — complete application, witness statement and evidence bundle, formatted for your state's tribunal