Last updated · Reviewed by the Claim Done team · Not legal advice
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 |
|---|---|---|---|
| New South Wales | Local Court (NCAT for consumer claims) | $20,000 (Small Claims Division) | Debts, commercial; consumer and tenancy at NCAT |
| Victoria | VCAT | No cap stated (small claim $15,000 or less) | Civil, consumer, tenancy, building |
| Queensland | QCAT | $25,000 | Consumer, tenancy, commercial |
| Western Australia | Magistrates Court | $10,000 (minor case); $75,000 (consumer/trader) | Consumer, commercial, tenancy |
| South Australia | Magistrates Court | $12,000 (minor civil) | Consumer, commercial |
| Australian Capital Territory | ACAT | $25,000 | Consumer, civil, tenancy |
| Tasmania | Magistrates Court | $15,000 (minor civil claim); $50,000 civil | Civil, consumer |
| Northern Territory | 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.
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 is the other party?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Before filing — send a letter of demand
A letter of demand that has been ignored shows the tribunal or court that you tried to resolve the dispute before filing.
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 drafts your claim to match your tribunal’s application form, for you to check and copy into it or attach, with a witness statement (in New South Wales, an outline you complete in your own words, as NCAT Procedural Direction 7 requires). We also prepare the letter of demand that usually comes first. You lodge the application and pay the tribunal’s fee yourself.
How to make a small claim in Australia — step by step
- Send a letter of demand first — it puts the other party on formal notice before you file. Claim Done can generate and send your letter today for $49.
- 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 drafts your claim to match the form for your state, for you to check and copy into it.
- 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 ($49) — puts your claim in writing before you file
- Tribunal application ($97) — your claim drafted to match your state's tribunal form, with a witness statement
What changes when your case is properly prepared
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Tribunal Application drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Tribunal Application from the answers you give about your situation for a flat $97 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=tribunal-application. Claim Done is not a law firm and does not give legal advice.
How much does a Tribunal Application cost, and how long does it take?
$97 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Does Claim Done lodge the application with the tribunal or court?
No. Claim Done drafts the documents; you lodge them yourself and pay the tribunal's or court's own filing fee directly to it. The draft names the right tribunal or court and Act for your state.
What does Claim Done do that a free tribunal application template doesn't?
It sets out your claim to match your state's tribunal or court application (for a New South Wales debt, a Local Court statement of claim) under the right Act, with a witness statement drafted from your account (in New South Wales, the outline NCAT requires) and the documents you mention referred to as numbered exhibits. You read every word, change it or ask for a redraft (two are included), then lodge it yourself.