Small Claims Court Queensland: how to make a small claim at QCAT (up to $25,000)

Queensland has no court called the small claims court. Small claims are heard by QCAT, the Queensland Civil and Administrative Tribunal, as “minor civil disputes”, and the limit is $25,000. You apply on a QCAT form, pay a fee of $96.30 to $405.60 depending on the amount, give the other side a copy, and attend a mediation or hearing without a lawyer.

This page covers what counts as a small claim in Queensland, what it costs, each step, how long it takes and what happens if the other side still does not pay. It is general information, not legal advice.

Is there a small claims court in Queensland?

Not by that name. The Small Claims Tribunal heard these disputes until 1 December 2009, when QCAT took over. A search for “small claims court Queensland”, “small claims tribunal” or “small claims Brisbane” now leads to the same place: a minor civil dispute application at QCAT.

You do not have to travel to Brisbane. You can lodge at the QCAT registry at 259 Queen Street, Brisbane, or at your local Magistrates Court, and QCAT says hearings are held in Brisbane, “at a Magistrates Court or other appropriate venue in regional Queensland, or by telephone or video conference.”

What counts as a small claim (minor civil dispute)

QCAT’s fees page lists what minor civil disputes include:

• claims to recover a debt or a fixed sum of money (a “minor debt”);
• claims arising out of a contract between a consumer and a trader, or between two traders;
• claims for damage to property in relation to a vehicle;
• residential tenancy disputes;
• dividing fence disputes.

The two that most people mean by “small claim” are the minor debt and the consumer and trader dispute. They use different forms and run on different rules, so pick the right one before you start.

Minor debt: someone owes you a fixed or agreed amount

QCAT says a minor debt claim is for “an agreed and fixed amount of money” up to $25,000, excluding interest. Examples QCAT gives: loans not repaid, IOUs, an unpaid invoice or account, dishonoured cheques, and work done or goods supplied when the cost was agreed beforehand. Anyone can apply, including a business or a company. The agreement must have been made no more than 6 years ago.

Consumer and trader dispute: you paid for goods or services and something went wrong

This is a dispute “arising out of a contract between a consumer and a trader (which may be a person or a company) or between two traders, for the supply of goods and/or services valued up to and including $25,000.” A faulty product, a job done badly, or a service you paid for and did not get belongs here, not in a minor debt claim.

What QCAT will not take as a minor debt

QCAT says a minor debt application cannot be made where there was no previous agreement for the money to be paid, and it lists these as outside a minor debt claim: unpaid wages covered by the Fair Work Act, a claim against a builder for losses from residential building work, and a dispute about a bond held by the Residential Tenancies Authority.

The $25,000 limit, and what to do above it

The Act sets the amount at $25,000. If you are owed more, QCAT says you “may choose to reduce the claim to $25,000 to lodge it with QCAT.” Otherwise the claim goes to a court:

• up to $150,000: Magistrates Court;
• between $150,000 and $750,000: District Court;
• over $750,000: Supreme Court.

What it costs

QCAT’s application fees for minor civil disputes, from 1 July 2026:

QCAT can waive the fee for financial hardship. Its criteria include being on a full Centrelink or Veterans’ Affairs pension or benefit at the maximum rate, being under 18, or having a grant of legal aid. Businesses and corporations are not eligible. You apply on Form 49. For more detail see QCAT fees in 2026.

If you win a debt claim, the costs QCAT can order the other side to pay are narrow: your application fee, a fee for filing electronically, a bailiff’s service fee and a business name or company search fee. In other minor civil disputes QCAT may order the respondent to pay your application fee. You do not get your time or a lawyer’s bill back.

Small claims in Queensland, step by step

1. Ask in writing first. A letter of demand sets out what is owed, why, and a date to pay by. It gives the other side a clear last date to pay, and if they do not, the letter and the lack of a reply go in with your application.
2. Choose the form. Form 3 for a minor debt; Form 1 for a consumer and trader dispute or property damage caused by a vehicle. Form 3 can be completed and lodged online, and QCAT’s QCase portal takes minor civil dispute applications. See the QCAT forms guide.
3. Name the other side exactly. For a company or business, QCAT’s form says you must include the correct ABN or ACN, and warns: “If you do not correctly name a party you may not be able to enforce any order made against them.”
4. Set out the claim and attach your documents. The amount, the date it fell due, and why it is owed, with the agreement, invoices, receipts and messages. Form 3 warns that an application without this “may be dismissed.”
5. Lodge and pay the fee. At the Brisbane registry, at your local Magistrates Court, or online.
6. Serve it. In these claims QCAT does not give the respondent your application; you do. A consumer and trader application must be served within 7 days of lodging. A minor debt application must be served personally, by you or by a bailiff or process server, within 90 days. Then file Form 9, the affidavit of service.
7. Wait for the response. In a minor debt claim the respondent has 28 days to file Form 7. If they do not, you can ask for a decision by default on Form 6, made on the papers with no hearing. In consumer and trader disputes no response is required and the matter goes to a hearing.
8. Mediation and hearing. QCAT says a debt claim under $1,500 is listed straight for a hearing; above that it goes to mediation first and to a hearing if it does not settle. The applicant must attend, or QCAT may dismiss the application.

Do you need a lawyer?

No, and you usually cannot bring one to speak for you. QCAT says “all parties involved in a matter before QCAT are expected to appear and represent themselves.” You can get legal advice and help preparing without anyone’s permission; you need QCAT’s leave only for someone to appear on your behalf, and it is given only where the interests of justice require it. A company appears through an officer or employee. You can bring a support person, who cannot speak for you.

How long does a small claim take in Queensland?

Longer than most people expect. QCAT publishes the time within which about three quarters of matters are finalised. As at 16 March 2026 that was 51 weeks for minor debt disputes and 53 weeks for consumer and trader disputes. A quarter of matters take longer.

That is the strongest reason to try a firm written demand before you lodge: a letter that gets you paid in a fortnight beats an order that arrives in a year.

If you win and they still do not pay

QCAT does not collect the money. Enforcement is done through the courts. For a minor civil dispute you file a copy of the QCAT order at the Magistrates Court with an affidavit confirming what has not been paid. QCAT says it is free to file, and once filed the decision is treated as an order of the court. You have six years to enforce it. See how to enforce a tribunal order.

If you lose

You need the appeal tribunal’s leave to appeal a minor civil dispute decision, and the application for leave must be filed within 28 days. The appeal fee is $405.60, or $811.30 where more than $10,000 was claimed. If you missed the hearing with a reasonable excuse, an application to reopen must be lodged within 28 days of being given notice of the decision.

Where Claim Done fits

Claim Done writes the two documents most Queensland small claims start with. The Letter of Demand is $49: you answer a few questions, read the letter and approve it before it goes anywhere. If they still do not pay, the Tribunal Application drafts your claim from your answers: the claim text for QCAT’s form from $49, or the full application pack for $97. Claim Done does not lodge the application or serve it; you do that yourself, and QCAT registry staff cannot tell you how to word it.

Start your QCAT application

Claiming for damage to your car? Start with what to put in a letter of demand for a car accident, and who to send it to.

Frequently asked questions

Is there a small claims court in Queensland?

Not by that name. Small claims in Queensland are minor civil disputes heard by QCAT, the Queensland Civil and Administrative Tribunal, which replaced the Small Claims Tribunal on 1 December 2009.

What is the small claims limit in Queensland?

$25,000. For a minor debt the limit excludes interest. If you are owed more, you can reduce your claim to $25,000 to stay in QCAT, or claim in the Magistrates Court, which takes claims up to $150,000.

How much does it cost to make a small claim at QCAT?

From 1 July 2026 the application fee is $96.30 for a claim of not more than $1,000, $164.30 for more than $1,000 up to $10,000, and $405.60 above $10,000. QCAT can waive the fee for financial hardship on Form 49.

Can I make a small claim in Brisbane or do I lodge locally?

Either. You can lodge at the QCAT registry at 259 Queen Street, Brisbane, at your local Magistrates Court, or online. Hearings are held in Brisbane, at Magistrates Courts in regional Queensland, or by phone or video.

How long does a QCAT small claim take?

As at 16 March 2026, QCAT reported that about three quarters of minor debt disputes were finalised within 51 weeks and consumer and trader disputes within 53 weeks.

Do I need a lawyer for a small claim in Queensland?

No. Parties are expected to represent themselves, and a lawyer can appear for you only with QCAT’s leave. You can still get legal advice and help preparing your case.

What if the other side ignores my QCAT application?

In a minor debt claim, if no response is filed within 28 days of service you can ask for a decision by default on Form 6, made on the papers without a hearing. In other minor civil disputes the matter goes to a hearing and can be decided in their absence.

Can I claim against someone who lives in another state?

For a minor debt, QCAT says you can still apply if the agreement was initiated in Queensland. An application served outside Queensland must have a SEPA Form 1 notice attached.

General information about QCAT’s process, checked against QCAT’s website, its forms and the QCAT Act in November 2026. It is not legal advice.