You’ve Googled “small claims court Australia” or “how to take someone to small claims” because someone owes you money or has done the wrong thing and you want it dealt with cheaply, without a lawyer. Here is the first thing to know: Australia doesn’t have one small claims court. Each state and territory has its own tribunal or court division for small disputes, with its own limits, forms and fees. Pick the wrong one and your application bounces.
Where to file in each state
| State | Body | Limit |
|---|---|---|
| New South Wales | Local Court Small Claims Division (debts and money owed) / NCAT (consumer claims, brought by a consumer against a business) | $20,000 (Local Court Small Claims; General Division over $20,000 up to $100,000) / $100,000 (NCAT consumer claims) |
| Victoria | VCAT (Civil Claims List) | Check VCAT’s website |
| Queensland | QCAT (Minor Civil Disputes) | $25,000 |
| Western Australia | Magistrates Court (Minor Cases) | $10,000 (general procedure claims up to $75,000) |
| South Australia | Magistrates Court (Minor Civil Actions) / SACAT for tenancy | $12,000 (general claims up to $100,000) |
| Tasmania | Magistrates Court (Civil Division) | $50,000 |
| Australian Capital Territory | ACAT (Civil Disputes) | $25,000 |
| Northern Territory | NTCAT (Small Claims) | $25,000 |
Filing fees change each 1 July; check the current fee on the tribunal’s or court’s website before you file. Limits can change too.
Step one is not the application. It is the letter of demand.
Every tribunal expects you to have tried to resolve it first. A formal letter of demand, setting out the facts, the law and a deadline, does two things: it can resolve the dispute outright, and it proves to the tribunal that you acted reasonably. Filing without one can cost you credibility and, in some tribunals, costs.
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. Where should we send it?
Step two: the application
Your application must identify the correct respondent (legal name and ABN or ACN), state the legal basis of the claim (contract, Australian Consumer Law, negligence, tenancy legislation), set out the facts in order, and specify the orders you want, usually payment of a sum plus interest and filing fees. Attach the contract, invoices, messages, photos and your letter of demand.
This is where most self-represented applicants stumble. They write a story instead of a claim. The member reading it wants to see: what was agreed, what went wrong, which law makes the other party liable, and what you want. Get that structure right and you are most of the way there.
Step three: the hearing
Small claims hearings are informal. Lawyers are usually not permitted without leave. Bring three copies of everything, in date order. Speak to your documents. If they do not attend, the tribunal may hear the case without them.
Is it worth it for a small amount?
Usually, yes. Filing fees are low, you can often claim them back as part of the order, and the process is designed to take hours of your time, not weeks. The real question is whether the respondent can pay. If they are a company with no assets or an individual with no income, an order may be hard to enforce. A quick ASIC or ABN lookup before you file tells you a lot.
Step four: enforcement
A tribunal order is registrable as a court judgment. From there you can garnish wages, seize assets or, for company debtors, serve a statutory demand.
DIY vs Claim Done vs lawyer
| Option | Cost | Correct legal framing? | Turnaround |
|---|---|---|---|
| Write it yourself | $0 | Often a narrative, not a claim | Hours of research |
| Claim Done | $49 letter of demand; $97 tribunal application | Yes: drafted for your state’s tribunal or court and the law that applies | About 5 minutes |
Start with a letter of demand for $49. If they still don’t pay, we’ll draft your tribunal application for $97. Done in about 5 minutes. You approve it before it is sent.
What changes when your case is properly prepared
Same problem. What a prepared case looks like.