How to Take a Customer to NCAT for Non-Payment Without a Lawyer

In most cases you cannot take a customer to NCAT just because they have not paid you. NCAT hears consumer claims, which New South Wales law defines as claims brought by a consumer about goods or services supplied to them, so a business chasing an unpaid bill has a debt claim, and debts go to the Local Court of New South Wales: the Small Claims Division for claims up to $20,000 and the General Division above that, up to $100,000. Non-payment usually reaches NCAT only when the customer brings a consumer claim against you, and the Tribunal can then order the customer to pay you.

This guide sets out which forum fits your situation, how to get paid through the right one, and where Claim Done can draft the documents.

Can you take a customer to NCAT for non-payment?

NCAT hears consumer claims about goods and services up to $100,000 in its Consumer and Commercial Division (NCAT: consumer claims, last updated 2 January 2026). The Fair Trading Act 1987 decides what counts as a consumer claim:

• A consumer claim is “a claim by a consumer” arising from a supply of goods or services by a supplier to the consumer (s 79E).
• “Any consumer may apply to the Tribunal for determination of a consumer claim” (s 79I).

The claim starts with the customer, not the supplier. If you are the business that supplied the goods or did the work and your customer has not paid, what you have is a debt, and that is a matter for the Local Court (Local Court: civil jurisdiction). The same applies when one business owes another on an unpaid invoice.

There is one way an unpaid price is dealt with at NCAT: when your customer lodges a consumer claim against you, for example alleging the work was defective. In deciding that claim wholly or partly in your favour, the Tribunal may order the claimant to pay you a specified amount of money (s 79O). NCAT’s page for respondents also says a respondent may lodge a cross-claim where the legislation allows.

NCAT or Local Court: which one fits your situation?

Note that “consumer” is wider than an individual. The Act’s definition includes, among others, a natural person, a partnership, a small proprietary company and an incorporated association to whom a supplier has supplied goods or services (s 79D). So a small business that received faulty goods or services can itself bring a consumer claim against its supplier.

Step 1: Send a letter of demand

Whichever forum applies, a clear written demand is the usual first step, and it often gets the invoice paid without any application. It should:

• State the exact amount owed
• Identify the invoice numbers, dates and what was supplied
• Give a clear deadline to pay
• Say what you will do if it is not paid, for example start a claim in the Local Court

Keep a copy and proof of when you sent it. Claim Done drafts a letter of demand for $49: start a Letter of Demand. Our New South Wales letter of demand guide explains what goes in it.

Step 2: Get your evidence in order

A debt claim comes down to four things. You need documents for each:

1. An agreement existed: signed quote, contract, purchase order, or an email accepting your quote
2. You delivered what was agreed: delivery dockets, photos, completion messages, timesheets
3. The amount is owed: invoices, statements, and a running total that matches the amount you claim
4. You asked for payment: reminders, your letter of demand and any replies

Also confirm exactly who owes you. If your customer is a company, the claim is against the company, using its correct name. NCAT asks applicants in consumer claims to search ASIC’s registers when the other party is a business or company; the same check is sensible before any debt claim.

Step 3: Start a claim in the right place

For a debt, the Local Court’s Small Claims Division hears claims up to $20,000 and its General Division hears claims over $20,000 up to $100,000. The court’s own site sets out its forms, fees and procedure. Many debts are paid once a debtor sees a properly drafted demand, so the letter of demand in Step 1 is where most people begin.

If your customer has taken you to NCAT, you are the respondent. Prepare your side and your evidence, set out what is still owed to you, and consider a cross-claim. Our guide on how to defend an NCAT application covers each step, and a Claim Done Tribunal Response ($129) drafts your position statement, chronology and evidence list.

If you are the customer with a consumer claim, you lodge with NCAT, as described below.

If you are the customer: making an NCAT consumer claim

• Limit and time: up to $100,000; apply within 3 years of when the cause of action accrued, for goods or services supplied within the last 10 years.
• Fee: as at 1 July 2026, from $64 for a claim up to $10,000 at the standard rate, up to $344 for a claim over $30,000. Corporations pay double, and a reduced fee is available to eligible applicants. See our full breakdown of NCAT fees for 2026.
• Lodging: online through NCAT Online Services (you need a NSW Online Registry account and 100 points of ID), or with the PDF form “Consumer claim application about goods and services” at an NCAT registry. Our guide to which NCAT application form to use walks through both.
• First listing: conciliation and hearing on the same day. If not resolved, the case may be listed for a contested hearing on a later date.
• Representation: most people represent themselves. A lawyer or agent needs the Tribunal’s permission (leave), usually granted where the claim is over $30,000, the other side is legally represented, or the issues are complex (NCAT representation guideline).

Claim Done’s Tribunal Application ($97) drafts your claim to copy into NCAT’s application form, plus a witness statement outline you complete in your own words. You approve it, then lodge it and pay NCAT’s fee yourself. Any witness statement must be in your own words: NCAT Procedural Direction 7 says generative AI must not be used to generate the content of statements or other evidence. Details are on our NCAT application page.

Getting paid after an NCAT money order

If NCAT orders money to be paid and it is not paid, ask NCAT for a certified copy of the money order (there is no fee for it) and register it with the Local Court, or the District Court for amounts over $100,000. The Local Court charges a filing fee, and registration can be done online through the NSW Online Registry (NCAT: enforce a money order, last updated 28 January 2025).

If either side thinks an NCAT decision is wrong, an appeal goes to the NCAT Appeal Panel within 28 days (14 days in residential proceedings). A question of law can be appealed as of right; other grounds need leave. The standard fee is $540 (NCAT: appeals).

Common mistakes when chasing an unpaid customer

• Choosing the wrong forum. A business debt is not an NCAT consumer claim, so lodging it there risks a wasted fee and lost time. Check the table above first.
• Naming the wrong party. A trading name, a director personally, or a company: make sure it matches who you actually contracted with.
• No written agreement. Verbal contracts can be proved, but it is much harder. Use written quotes and email acceptances from now on.
• Poor records. If you cannot produce the invoice, you cannot prove the debt.
• Claiming the wrong amount. Your figure must match your invoices, less anything already paid.
• Waiting too long. The longer a debt sits, the harder it is to collect. Send the demand as soon as the due date passes.

How Claim Done helps

• Letter of Demand ($49): sets out the debt, the deadline and what happens next. About the letter of demand.
• Tribunal Response ($129): if your customer has taken you to NCAT, your position statement, chronology and evidence list.
• Tribunal Application ($97): if you are the customer with a consumer claim against a supplier.
• Statutory demand: if the debtor is a company, see our statutory demand service page for when it applies.

You read and approve every document before you use it. Claim Done does not lodge, file or serve anything for you, and it is not a law firm.

Frequently asked questions

Can a business take a customer to NCAT for an unpaid invoice?

Generally, no. Under the Fair Trading Act a consumer claim is a claim by a consumer about goods or services supplied to them, so a supplier’s claim for payment is a debt claim for the Local Court. The exception is where your customer brings a consumer claim against you: the Tribunal can then order the customer to pay you, and you may be able to lodge a cross-claim.

Where do I claim a debt under $20,000 in New South Wales?

The Local Court’s Small Claims Division, which hears claims up to $20,000. Claims over $20,000 up to $100,000 go to its General Division. A letter of demand is the usual first step.

Does NCAT cost money?

Yes. As at 1 July 2026, the standard fee for a consumer claim of $10,000 or less (or no amount) is $64, rising to $133 for claims over $10,000 up to $30,000 and $344 above $30,000. See NCAT fees for 2026 for corporation and reduced fees.

My customer says the work was defective and has taken me to NCAT. Can I still recover what they owe?

Yes, it can be dealt with in their claim. If the Tribunal decides the consumer claim wholly or partly in your favour, it may order the claimant to pay you a specified amount of money. Bring your contract, invoices and evidence of the completed work, and set out the balance owing.

What if my customer lives in another state?

NCAT’s consumer claims page flags that if the parties live in different Australian states, federal jurisdiction rules may affect the matter, and points to its page on federal jurisdiction. Check that before you choose a forum.

Can I have a lawyer at NCAT?

NCAT says most people represent themselves. In the Consumer and Commercial Division a lawyer or agent needs the Tribunal’s permission (leave), which NCAT’s guideline says is usually granted where the claim is over $30,000, the other side is legally represented, or the issues are complex.

Taken to NCAT by a customer? Start a Tribunal Response — $129. Making a consumer claim? Start a Tribunal Application — $97.

Facts checked against NCAT and NSW Local Court pages on 27 September 2026, with the Fair Trading Act 1987 on the New South Wales legislation website. Claim Done is not a law firm and does not lodge, file or serve documents for you.