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Small Claims Court Australia: How to Take Someone to Small Claims (State by State)

Australia does not have a single "small claims court". Here is which tribunal or court handles your claim in each state, the limits, the fees, and how to get your application drafted for $97.

Topics: minor civil claims, NCAT, QCAT, small claims court, tribunal application, VCAT

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.

Quick answer

Where a small claim goes in each state, and the limit

  • New South Wales: A debt (an unpaid invoice, a loan, a claim against a private person) goes to the Local Court Small Claims Division, up to $20,000. A consumer claim against a business goes to NCAT, up to $100,000. How to make a NSW Local Court small claim.
  • Victoria: Goods and services disputes go to VCAT, which does not publish a maximum ($15,000 is where the fee and the small-claim procedure change). The Magistrates’ Court hears civil claims up to $100,000. Magistrates' Court small claims in Victoria.
  • Queensland: QCAT minor civil disputes, up to $25,000.
  • Western Australia: Magistrates Court: a minor case is $10,000 or less (civil claims up to $75,000). How to make a WA minor case claim.
  • South Australia: Magistrates Court: a minor civil (small) claim is $12,000 or less (civil claims up to $100,000). How to make a SA minor civil claim.
  • Tasmania: Magistrates Court (Civil Division): a minor civil claim is $15,000 or less (civil claims up to $50,000). How to make a Tasmanian minor civil claim.
  • Australian Capital Territory: ACAT civil disputes, up to $25,000.
  • Northern Territory: NTCAT small claims, up to $25,000 (not counting costs and interest).

From each state’s own legislation and tribunal or court pages, checked October 2026.

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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.

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2. How much is at stake?

3. Do you have it in writing?

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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.

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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.

Before — doing it yourself
You turn up with a folder of texts.
You are not sure which law applies.
The member asks what orders you want. You freeze.
You are not sure which documents the member needs to see.
→
After — a formal Tribunal Application
Your Tribunal Application is structured the way the tribunal reads it.
The right legislation, the right orders, the right evidence.
The member can follow your case quickly.
You walk in knowing what you are asking for and why.
Start mine — $97 →Drafted in about 5 minutes. You read and confirm it before it is final. Nothing is sent to anyone else.
Tribunal Application$97 · ready in minutes · no card to start
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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.

Tribunal Application · $97 You review it first · Nothing is sent to anyone else
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