Despite the popular phrase, Australia does not have a single “small claims court”. Each state and territory has its own civil tribunal (or, in Tasmania’s case, its Magistrates Court) that handles minor civil disputes — unpaid debts, consumer claims, disputes between neighbours, residential tenancy issues. The forms differ. The fees differ. The process is broadly the same.
Where small claims actually go
- NSW — NCAT (Civil and Administrative Tribunal Act 2013), Consumer & Commercial Division, claims up to $40,000
- VIC — VCAT (VCAT Act 1998), Civil Claims List, small claims up to $15,000
- QLD — QCAT (QCAT Act 2009), Minor Civil Disputes, claims up to $25,000
- WA — SAT (SAT Act 2004) for some matters; Magistrates Court small claims for others up to $10,000
- SA — SACAT (SACAT Act 2013), minor civil up to $12,000; Magistrates Court for some matters
- ACT — ACAT (ACAT Act 2008), civil claims up to $25,000
- NT — NTCAT (NTCAT Act 2014), small claims up to $25,000
- TAS — Magistrates Court of Tasmania (Magistrates Court (Civil Division) Act 1992), minor civil claims up to $5,000
The four-step process (everywhere)
Despite the differences in form, fee and forum, the steps are the same. Step 1: Send a Letter of Demand first — every tribunal expects pre-filing efforts to resolve the dispute. Step 2: File the application in the correct tribunal with the correct form. Step 3: Serve the respondent in the manner required by the tribunal’s rules. Step 4: Attend the hearing with your witness statement and evidence in a paginated, indexed bundle.
Common pitfalls of self-represented applicants
Three errors recur. Filing in the wrong tribunal — a contract performed interstate may need to be filed in another state’s tribunal. Suing the wrong entity — naming a trading name instead of the company is the most common reason applications are amended. Asking for relief the tribunal cannot give — small claims tribunals can order payment of money and certain consumer remedies, but cannot order someone to apologise or punish them.
What the application does
A small claims application sets out the parties, the cause of action, the relief sought, and the statutory basis for the tribunal’s jurisdiction. Done correctly, it survives the registry’s first read and is allocated a hearing date. Done poorly, it bounces back with a deficiency notice and adds weeks.
What Claim Done delivers
For a flat $79, Claim Done drafts your small-claims Tribunal Application package for the correct state — the right form, jurisdictional pleading, evidence index, and filing instructions. About 15 minutes in the wizard, no solicitor appointment.
What happens after
Most tribunals list a small claims matter for a directions hearing or compulsory conference within 4–14 weeks of filing. From there it settles, proceeds to hearing, or is dismissed. If a money order is made and the respondent does not pay voluntarily, enforcement runs through the local or magistrates court.