How to make a small claim in the NSW Local Court (up to $20,000)

To make a small claim in New South Wales, you file a statement of claim in the Local Court’s Small Claims Division, which hears claims up to $20,000. You can file it on the NSW Online Registry. The filing fee is $179 for an individual and $358 for a corporation (fees from 1 July 2026). You then serve it on the other party, who has 28 days after service to file a defence before you can ask for default judgment.

Local Court or NCAT: which one hears your claim?

The Local Court’s civil jurisdiction page says civil cases are disputes about money or property, such as loan agreements, unpaid bills, damages from a motor vehicle accident, services paid for and not provided, and property not returned. The court has two divisions:

• the Small Claims Division, for claims up to $20,000;
• the General Division, for claims over $20,000 and up to $100,000.

So a debt, an unpaid invoice, a personal loan or a claim against a private person is usually a Local Court matter.

A consumer claim against a business is different. NCAT hears consumer claims about goods and services up to $100,000, and you must apply within 3 years of when the cause of action accrued. If that is your situation, read our NCAT application guide instead.

For tenancy cases, the Local Court points people to NCAT. If you and the other party live in different states, the Local Court notes that NCAT may not have power to deal with the dispute, and the case may need to be lodged in the Local or District Court instead.

Before you file

The Local Court encourages all parties to try to reach an agreement without going to court. If someone owes you under $10,000, the court suggests talking to them or sending a letter of demand. If the dispute is about more than $10,000, the court says it is best to get legal advice before starting proceedings.

A letter of demand sets out what is owed, why, and the date to pay by.

The statement of claim form and its fields

A statement of claim starts a civil case. On the UCPR forms website, Form 3B is the version for a party acting in person, and Form 3A is the version for a party with a lawyer. Form 3B has these parts:

• Court details: court, division, list, registry and case number.
• Title of proceedings: the plaintiff (you) and the defendant (the person or business you are suing).
• Filing details: who it is filed for, a contact name, phone and email.
• Type of claim: chosen from the court’s list.
• Relief claimed: what you want the court to order. For a claim for a specific amount of money, you list the amount of claim, interest, filing fees, service fees, solicitor’s fees and the total.
• Pleadings and particulars: the facts your claim relies on, in numbered paragraphs.
• Signature: including an acknowledgement that court fees may be payable.
• Party details: names and addresses, and your address for service, which must be in NSW unless an exception in the rules applies.

Form 3B has an affidavit verifying section, but the form says not to include it in Local Court proceedings.

The NSW Online Registry’s guide says a pleading should be concise, but must contain enough information for the defendant to understand the claim. It also notes that interest cannot be claimed on amounts under $1,000.

Lodging on the NSW Online Registry

You need an NSW Online Registry account to file online. The registry’s guide to filing a statement of claim sets out the steps:

1. Log in to the Online Registry and click the New case tab.
2. Choose Statement of Claim (UCPR form 3A/3B).
3. For a money claim, either answer the questions online, or answer some introductory questions and upload a signed, completed form. For a damages claim, you must prepare the form yourself and upload it.
4. Upload any supporting documents as PDF files, each no more than 5 MB.
5. Pay the fee. The form is not submitted to the court until payment is made.

If your pleading is over 2,000 characters, the registry says to attach it as a PDF rather than type it in.

The filing fee

The Local Court’s fee schedule (fees from 1 July 2026) lists:

• Small Claims Division statement of claim: $179 standard, $358 corporation.
• General Division statement of claim: $370 standard, $740 corporation.
• Service by post by the court: $56 for each address.
• Service by the Sheriff: $86 for each address and each attempt.

Fees can be waived or postponed in some cases. You apply in writing to a Registrar, using the form on the Local Court forms page.

Serving the statement of claim

The defendant must be formally served. Under the Uniform Civil Procedure Rules, a statement of claim in the Local Court can be:

• personally served on the defendant;
• left, addressed to the defendant, at their business or home address with a person who appears to be 16 or older and to work or live there; or
• if the court serves it, sent by post to the defendant’s business or home address.

When you file online, you choose either Posted by the registry (the court posts it, for a fee) or Served by plaintiff (you arrange service yourself).

Time matters. A statement of claim in the Local Court is valid for service for 6 months after the date it is filed. If you miss that window, the rules allow you to start fresh proceedings by filing a new one.

The defence period and default judgment

The defendant has 28 days after being served to file a defence. They can also pay, or acknowledge the debt.

If no defence is filed in time, the defendant is in default. For a claim for a specific amount, you can then file a Notice of Motion for Default Judgment (UCPR Form 38) on the Online Registry. It includes an affidavit from someone who knows about the debt, and you also file an Affidavit of Service (UCPR Form 41) showing when the defendant was served.

Do not let the claim sit. Under the court’s practice note, if nine months after filing no defence has been filed, no default judgment has been entered and the case has not otherwise ended, the court will dismiss it on its own motion.

If a defence is filed: the pre-trial review

A defended small claim does not go straight to a hearing. Under Local Court Practice Note Civ 1, it is listed for a pre-trial review within six weeks of the first defence being filed. Its purpose is to help the parties settle, and the court may refer them to mediation.

You attend remotely or through the Online Court, as directed, and you must have authority to settle. If it does not settle, each party identifies the issues in dispute and the witness statements and documents they intend to rely on, and completes a pre-trial review sheet. The court may then set a hearing date, or list a second pre-trial review within 28 days.

The hearing

Small Claims Division hearings are less formal and less technical than other courts, and the rules of evidence do not apply. Under the practice note, small claims hearings are held remotely, by audio visual link, telephone or other remote means, unless the court directs otherwise.

The case is usually decided on written witness statements and documents, not live witnesses. Parties do not have a right to call or cross-examine witnesses unless the court orders it. Your statements and documents must be filed and served by the date the court sets, no later than 14 days before the hearing. If you miss it, the court may refuse to let you rely on them.

At the hearing, each party can make comments, present arguments and make final submissions on the evidence. If a party does not attend, the court may strike out their statement of claim or defence. The practice note also says the costs that can be awarded at the end of a small claims hearing are limited.

Enforcing the judgment

After a judgment or default judgment, the amount is due immediately. If the defendant does not pay, the Local Court lists the most common ways to enforce it:

• a garnishee order, which tells a bank or employer to pay the debt from the person’s account or wages;
• an examination notice, to find out about the person’s finances;
• a writ for levy of property, which directs the Sheriff to take and sell the person’s property.

Enforcement needs its own forms, and fees apply.

Where Claim Done fits

A Letter of Demand costs $49 and is a sensible first step.

If they still do not pay, the Tribunal Application costs $97. It drafts the claim wording from your answers, for the forum that fits: the NSW Local Court for a debt, or NCAT for a consumer claim against a business. You review it and lodge it yourself.

Claim Done is not a law firm. It does not lodge or serve documents, and it cannot promise a result. For other states, see our guide to small claims courts across Australia.

Frequently asked questions

What is the small claims limit in NSW?

The Local Court’s Small Claims Division hears claims up to $20,000. Claims over $20,000 and up to $100,000 go to the General Division.

How much does it cost to file a small claim in NSW?

From 1 July 2026, filing a statement of claim in the Small Claims Division costs $179 for an individual or $358 for a corporation. If the court posts it to the defendant, add $56 for each address.

How long does the defendant have to respond to a statement of claim?

28 days after they are served. If they do not file a defence in that time, you can apply for default judgment.

How long do I have to serve a statement of claim in the Local Court?

A statement of claim in the Local Court is valid for service for 6 months after the date it is filed.

Should I go to NCAT or the Local Court?

Debts, unpaid invoices, loans and claims against a private person usually go to the Local Court. Consumer claims about goods or services against a business usually go to NCAT, which hears them up to $100,000.

Can I appeal a small claims decision?

Only in limited cases. A Small Claims Division decision can be appealed to the District Court, but only for lack of jurisdiction or denial of procedural fairness. The time limit is 28 days after the order.

General information only, checked October 2026. This is not legal advice.