Tasmanian Minor Civil Claim Hearing: Conciliation, Evidence, Witnesses and What to Expect

Once a defence is filed to a minor civil claim in the Magistrates Court of Tasmania, the case goes to a conciliation conference first. If it does not settle there, a Magistrate hears it at a trial. The hearing is run with as little formality as possible: you speak for yourself, show your papers and photos, call your witnesses, and the Magistrate usually gives the decision out loud once everyone has spoken.

Claim Done drafts a hearing bundle from your answers for a flat A$97: a chronology, a statement of issues, an evidence index, a position statement and the orders you ask for, each as its own PDF for you to check and take to the conference and the hearing. It works for either side.

Which cases this covers

A minor civil claim is a claim to recover money up to and including $15,000 (as at November 2026), according to the Magistrates Court of Tasmania. This guide starts after the defence is filed. If you have not filed yet, read our guide to starting a minor civil claim in Tasmania first.

Stage one: the conciliation conference

The court calls conciliation conferences the main chance to settle a civil dispute by agreement. Under the Magistrates Court (Civil Division) Rules 1998, the conference looks at:

• settling or compromising the case
• narrowing the issues for trial
• avoiding evidence that is not needed
• limiting the number of witnesses.

You must attend if you have been notified, unless the conciliator accepts you had sufficient reasons not to. If you cannot attend in person you can ask the registrar for a telephone link. If you are not there within 15 minutes of the start time, judgment can be entered or an order made against you without any evidence being heard.

Two things make the conference less risky than it sounds. Offers and admissions made there are not passed to the Magistrate who hears the trial until after final judgment. And if you do agree, the court says to put the settlement in writing, have both sides sign and date it, and have it made into a court order, which can be enforced.

The conciliator can require any settlement offer to be disclosed, so go in knowing the lowest figure you would accept.

Stage two: what the hearing is like

A minor civil claim is usually heard in open court. The Magistrates Court (Civil Division) Act 1992 says the Court is not bound by the rules of evidence. The hearing is an inquiry by the Court rather than a contest between the parties, it is run with as little formality as possible, and the Magistrate can call and question witnesses.

The court’s guide says the claimant will probably give an opening summary and evidence first. You can read from notes. Your witnesses give evidence after you. Then the defendant can ask questions and put their case, and you can cross-examine the defendant. The Magistrate may ask questions at any time. Once everyone has spoken, the Magistrate decides.

Be on time. Under the Rules, if a party is not there within 15 minutes after the time fixed for trial, the Court can enter judgment against them without hearing evidence. A trial date is not to be put off beyond the fixed date unless special reasons exist.

Evidence: what to gather and how to show it

The court tells parties to write down all the facts in date order, with times, places and the people involved. Then gather the papers: invoices, accounts, leases, quotes, bank statements, letters and photographs.

• Bring copies of each document and photo for the Magistrate and for the other side, and make sure the other side knows you will be using them.
• Evidence can be given out loud or in writing. Written evidence is to be backed by a statutory declaration, unless the Court excuses it.
• If you rely on an expert, such as a builder or mechanic, the Rules require a written report served on the other side at least 21 days before trial and filed at least 7 days before the trial or conference. If you miss these steps, the Court may refuse to hear the expert.

Witnesses

Keep witnesses to the ones you need. In civil cases the parties, not the Court, pay their witnesses’ expenses, though you may get these back from the other side if you win. Written statements can be used, but a witness may still need to come in person so the other side can question them. If a witness cannot attend, tell the court early. They may be able to give evidence by affidavit, statutory declaration or video link.

If someone will not come voluntarily, you can file a summons to a witness in the approved form. The registrar issues it, and you must serve it on the other parties at least 4 days before the witness is due. The court’s witness page says an interpreter can be arranged through the Registry if you ask well before the hearing.

Can I bring a lawyer?

Usually not. A lawyer can only represent a party in a minor civil claim if the other party is a lawyer, everyone agrees, or the Court thinks a party would be unfairly disadvantaged without one. The Court can also let an unpaid friend help you. The court’s minor civil claims page says there are no legal costs because parties represent themselves, and the Court does not generally compensate you for the time you spend on the case. Court staff cannot give legal advice, as the court’s self-representation page explains, but Legal Aid Tasmania and community legal centres can point you to free advice.

The structure of a hearing bundle

These are the five documents, and what goes under each heading:

Chronology of events

A table of dates and events, earliest first. Facts only, no argument: the “facts in date order” the court asks for.

Statement of issues

A numbered list of the questions the Magistrate has to answer, such as whether the work was finished or whether the last payment is owed.

Evidence index

A table listing each document or photo with an exhibit number, its date and the issue it relates to.

Position statement

A short summary of your position, the key facts you rely on, and how the law applies to them.

Orders sought

The exact orders you ask for, such as a set amount to be paid, with figures to the cent.

After the Magistrate decides

The decision is usually given out loud after everyone has spoken. It is a court order and can be enforced. Sometimes the Magistrate postpones the decision to a later date. You can ask for written reasons. An appeal from a minor civil claim goes to a Supreme Court judge. It can be brought on the ground that the Magistrate lacked or went beyond their jurisdiction, or that you were denied natural justice. Any other ground needs the judge’s leave.

If the money is not paid, the most common enforcement steps are a warrant to sell property, which lasts 12 months from issue, and a garnishee order on wages or a bank account.

Mistakes to avoid

• Arriving late or not at all. If you are not there within 15 minutes, judgment can go against you.
• Bringing one copy of each document. Bring one for the Magistrate and one for the other side.
• Calling every possible witness. Each one costs money.
• Leaving an expert report to the last week.
• Not knowing what you are asking for. State the amount and the order.

Courts are usually open to the public, so you can watch another case beforehand. When you are ready to put your case in order, start your hearing bundle. When asked which court is hearing it, choose Magistrates or Local Court.