Small claims in Tasmania: how to make a minor civil claim in the Magistrates Court

In Tasmania, a money claim of $15,000 or less is a minor civil claim in the Magistrates Court of Tasmania (Civil Division). You file the original Form 1 Claim and three copies at a court registry, pay the filing fee and serve the claim on the other party yourself. If no defence is filed within 21 days you can enter default judgment; if one is filed, the claim goes to a conciliation conference.

Court, TASCAT or the Residential Tenancy Commissioner?

Most money disputes in Tasmania go to the Magistrates Court, not a tribunal. TASCAT says plainly on its Civil and Consumer Stream page that it “cannot receive any civil or consumer dispute”.

• Magistrates Court: debts, unpaid invoices, faulty goods or services, car damage, loans and other money claims. The court also hears “all residential tenancy matters” as a minor civil claim, as well as claims to access neighbouring land and Consumer Credit Code disputes of $15,000 or less.
• Residential Tenancy Commissioner: disputes about a rental bond. You dispute the bond claim in MyBond and the Commissioner decides how the bond is paid out. You then have 7 days to appeal to the Magistrates Court (Consumer Affairs Tasmania, which took over from CBOS on 1 October 2026).
• TASCAT: only the matters on its list of application types. These include some residential building disputes, applications about pets in rentals (since 20 March 2026) and residential park disputes.

Our TASCAT and Tasmanian applications guide covers the tribunal side. For the other states, see small claims in Australia.

The limits

• Minor civil claim: up to and including $15,000.
• Civil claim: $15,001 to $50,000.
• Over $50,000: only if all parties agree in writing.

The $15,000 limit has applied since 10 December 2023 under the Minor Civil Claims Regulations 2023. You cannot split one claim into two smaller claims to stay under the limit. You can give up the amount over $15,000, but you cannot sue for that part later.

Before you file

Write to the other party first. Set out what happened, how much is owed and a date to pay by. The court notes that “defendants often wish to resolve or settle without going to court”. A written settlement can be made into a consent order that can be enforced.

Filling in the Form 1 claim

The same Form 1 Claim is used for minor civil claims and civil claims.

Claimant and defendant

Give full names and addresses. The court says you “must correctly identify the party”. For a company or business, use its registered name and ABN or ACN.

Type of claim

Tick one box: Debt, Building Dispute, Contract, Personal Injury, Motor Vehicle Property or Other.

Summary of claim

This part lists dollar amounts on separate lines: the amount of the claim, the court fee on filing, the service and other fee, solicitors costs, and the total amount claimed. The court says there are no legal costs in a minor civil claim, because the parties represent themselves.

Particulars of claim

The form asks you to “briefly state the date, place and circumstances from which the claim arose”, and to attach extra pages if you need them. The court’s guidance is that the claim “must set out the facts and circumstances that you are going to rely on in your case – clearly and in as much detail as possible.”

Keep it in date order: what was agreed, what went wrong and how you worked out the amount. If you claim the cost of repairs or lost property, serve a repair account, quote, invoice or receipt with the claim. Under rule 118 of the court’s rules, you cannot get default judgment for that kind of claim without it.

Lodging the claim

Lodging is on paper. File the original claim and three copies at a court registry in Hobart, Launceston, Devonport or Burnie. The court’s fees page says you can also post forms with a cheque or money order. We found no online lodgement for civil claims on the court’s website in October 2026.

The filing fee

The Civil Division fees from 1 July 2026 are:

• $147.00 for a claim for a sum of money from $1 to $5,000
• $284.20 for a claim of $5,001 and over
• $78.40 for an application under the Residential Tenancy Act 1997

You can pay in person by cash, debit card, cheque or money order, or by phone with a debit card. The registrar may waive, reduce or postpone a fee if paying it would cause undue hardship because of exceptional circumstances.

Serving the claim

You serve a sealed copy of the claim and the Notice to Defendant on each defendant, within one year of filing. The ways allowed include:

• by hand, by you or another adult
• by registered post to their usual home or business address (keep the posting receipt and the signed delivery receipt)
• by leaving it at their home or business with a person who appears to be 16 or older
• by a process server
• for a company, by leaving it at or posting it to its registered office

Do not serve on Good Friday or Christmas Day. Then complete the affidavit of service on page 2 of the claim, giving the date, time and address of service, and swear it before a Justice of the Peace. See the court’s service fact sheet.

The 21-day defence period

The defendant has 21 days after service to file a defence, and a counterclaim if they have one. The court’s fact sheet says the days from 23 December to 7 January do not count, so the period can stretch to 35 days.

After 21 days, return to the registry with your copy of the claim and the sworn affidavit of service, and ask whether a defence has been filed.

Default judgment

If no defence has been filed, you can enter default judgment. File the Default Judgment form (Form 21) with your original claim and affidavit of service. Do not wait too long: a defendant can still file a defence at any time before default judgment is entered. The registrar may refuse default judgment if they are not satisfied that every defendant was served.

For a debt, or the cost of repairs or lost property, the judgment includes the amount claimed, costs and interest. For other claims, the registrar sets a hearing to assess the amount. A defendant can apply to set aside a default judgment, but must explain the delay and show a good defence.

If a defence is filed: the conciliation conference

A defended minor civil claim goes to a conciliation conference. The court calls these “the main opportunity to resolve civil disputes”. A conciliator helps both sides negotiate a settlement and narrow the issues.

• You must attend if you have been notified, unless the conciliator accepts your reasons for not attending.
• If a party is more than 15 minutes late, judgment can be entered or an order made against them without hearing any evidence.
• If attending in person would cause undue expense or inconvenience, or you are unwell, you can ask the registrar for a telephone link.
• Offers and admissions made at the conference are not passed on to the magistrate who hears the case.

The hearing

If the claim does not settle, a magistrate hears it in open court. Under the Magistrates Court (Civil Division) Act 1992, a minor civil claim is an inquiry by the court rather than a contest between the parties. The court is not bound by the rules of evidence and runs the hearing with as little formality as possible. Written evidence must be verified by statutory declaration.

Lawyers can appear only if another party is a lawyer, all parties agree, or the court thinks a party would be unfairly disadvantaged without one. A company can send an officer or employee.

Bring copies of your documents and photos for the magistrate and the defendant, and make sure your witnesses can attend. The court’s civil disputes page has tips. The magistrate usually gives the decision verbally at the end, and that decision is an enforceable court order. In a minor civil claim, an appeal to the Supreme Court is limited to a lack of jurisdiction or a denial of natural justice, unless a judge grants leave.

Enforcing a judgment

If the defendant does not pay, the main options are:

• Warrant to sell property: a bailiff seizes and sells the debtor’s goods. The warrant is valid for 12 months.
• Garnishee order: money is taken from the debtor’s wages, bank account or money owed to them.
• Oral examination: the debtor is questioned in court about their means, and the court can order payment by instalments.

The filing fee on any enforcement process is $49.00, and the bailiff’s fee is $205.80.

How Claim Done can help

A letter of demand costs $49 and is a sensible first step. If that does not work, our Tribunal Application costs $97. It drafts the claim wording for the Magistrates Court of Tasmania (Civil Division) from your answers. You review it and lodge it yourself.

Claim Done is not a law firm. We do not lodge or serve documents and cannot promise a result.

Frequently asked questions

Is there a small claims court in Tasmania?

Not under that name. Small claims are minor civil claims in the Magistrates Court of Tasmania (Civil Division), for up to $15,000.

How much does it cost to file a minor civil claim in Tasmania?

From 1 July 2026 the filing fee is $147.00 for a claim from $1 to $5,000 and $284.20 for a claim of $5,001 and over. The registrar may waive, reduce or postpone a fee for undue hardship.

Can I lodge a minor civil claim online in Tasmania?

We found no online lodgement in October 2026. File the original Form 1 Claim and three copies at a registry, or post the forms with a cheque or money order.

How long does the defendant have to respond?

21 days after service. The court’s fact sheet says the days from 23 December to 7 January do not count. If no defence is filed, you can enter default judgment.

Does TASCAT hear consumer or money claims?

No. TASCAT says it cannot receive any civil or consumer dispute. These go to the Magistrates Court. Bond disputes go first to the Residential Tenancy Commissioner.

Do I need a lawyer for a minor civil claim?

No. Parties usually represent themselves. A lawyer can appear only if another party is a lawyer, all parties agree, or the court thinks a party would be unfairly disadvantaged.

General information, checked October 2026 against the Magistrates Court of Tasmania, TASCAT, Consumer Affairs Tasmania and the Magistrates Court (Civil Division) Act 1992 and its rules. Not legal advice.