The Small Claims Court Guide for Australians

Despite the popular phrase, Australia does not have a single “small claims court”. Each state and territory has its own civil tribunal, and New South Wales, Western Australia, South Australia and Tasmania send money claims to a Local or Magistrates Court. Between them they handle 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

• New South Wales — Local Court of New South Wales for debts and other money claims: Small Claims Division up to $20,000, General Division over $20,000 up to $100,000. NCAT (Civil and Administrative Tribunal Act 2013), Consumer & Commercial Division, hears consumer claims brought by the consumer, up to $100,000
• Victoria — VCAT (VCAT Act 1998), Civil Claims List
• Queensland — QCAT (QCAT Act 2009), Minor Civil Disputes, claims up to $25,000
• Western Australia — Magistrates Court of Western Australia for money claims: minor case claims up to $10,000; general procedure claims up to $75,000
• South Australia — Magistrates Court of South Australia for money claims: minor civil action up to $12,000; general claims up to $100,000
• Australian Capital Territory — ACAT (ACAT Act 2008), civil claims up to $25,000
• Northern Territory — NTCAT (NTCAT Act 2014), small claims up to $25,000
• Tasmania — Magistrates Court of Tasmania (Magistrates Court (Civil Division) Act 1992), claims up to $50,000

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 or court 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 or court — a business debt in New South Wales goes to the Local Court, not NCAT, and 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 poorly, it bounces back with a deficiency notice and adds weeks.

What Claim Done delivers

For a flat fee, Claim Done drafts your small-claims Tribunal Application package for the correct state — your claim drafted to copy into your tribunal’s or court’s form, plus a witness statement (in New South Wales, an outline you complete in your own words). 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 (listing times vary; check your tribunal’s website). 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.