Small Claims Tribunal Australia: How to Lodge a Claim in Your State
Someone owes you money and they're not paying. You've sent a demand letter. You've given them time. Nothing. The next step is lodging a formal claim with a small claims tribunal — and it's more accessible and affordable than most people realise.
This guide explains how small claims tribunals work in Australia, which tribunal applies in your state, what it costs to lodge a claim, and what to expect at the hearing.
What is a Small Claims Tribunal?
A small claims tribunal is a low-cost, accessible court designed to resolve minor civil disputes quickly — without lawyers, without complex procedure, and without the cost of the Supreme Court. They handle disputes over money, goods, services, tenancies, and consumer complaints up to a set dollar limit.
In Australia there is no single "small claims tribunal" — each state and territory has its own body. Most are now called Civil and Administrative Tribunals (CATs), though some states still use the Magistrates Court for lower-value civil claims.
Which Tribunal Applies in Your State?
| State / Territory | Tribunal / Court | Claim Limit |
|---|---|---|
| VIC | VCAT — Victorian Civil and Administrative Tribunal | Up to $100,000 (Civil Claims) |
| NSW | NCAT — NSW Civil and Administrative Tribunal | Up to $100,000 (Consumer & Commercial) |
| QLD | QCAT — Queensland Civil and Administrative Tribunal | Up to $25,000 (Minor Civil Disputes) |
| WA | Magistrates Court of WA | Up to $75,000 |
| SA | Magistrates Court of SA | Up to $12,000 (Small Claims) |
| TAS | Magistrates Court of Tasmania | Up to $5,000 (Small Claims) |
| ACT | ACAT — ACT Civil and Administrative Tribunal | Up to $25,000 |
| NT | NTCAT — NT Civil and Administrative Tribunal | Up to $25,000 |
Claim limits change periodically. Always check the current limits on your tribunal's official website before lodging. If your claim exceeds the limit, you may need to reduce it to fit within the tribunal's jurisdiction, or file in a higher court.
What Types of Claims Can You Lodge?
Small claims tribunals typically handle:
- Unpaid invoices and debts between private individuals or businesses
- Consumer disputes — faulty goods, services not delivered as promised
- Tenancy disputes — bond, repairs, rent arrears, unlawful eviction
- Loan repayment disputes between private individuals
- Disputes over goods sold or transferred
- Neighbourhood disputes (in some states)
- Builder and tradie disputes
What Does It Cost to Lodge a Claim?
Filing fees vary by state and claim amount. As a rough guide:
- VCAT: $67.80–$1,026.10 depending on claim amount
- NCAT: $46–$1,128 depending on claim amount
- QCAT: $32.20–$358.30 depending on claim amount
- WA Magistrates Court: $100–$1,600+ depending on claim amount
- SA Magistrates Court: Around $85–$200 for small claims
These are significantly lower than Supreme or District Court filing fees, which can run to thousands of dollars. If you win, the filing fee is often added to the amount the other party must pay you.
Step-by-Step: How to Lodge a Claim
Step 1: Send a Letter of Demand First
Before lodging a claim, send a formal letter of demand giving the other party a deadline (typically 14 days) to pay or resolve the issue. Tribunals expect to see that you tried to resolve the dispute before escalating — and your demand letter is evidence of that.
Step 2: Gather Your Evidence
Collect everything relevant to your claim:
- Written agreement, contract, or invoice
- Receipts, bank statements showing payments made
- Text messages, emails, and other communications
- Photos of damaged goods, incomplete work, or property condition
- Your letter of demand and any response from the other party
- Quotes for repair or replacement if claiming damages
Step 3: Complete the Application Form
Visit your state tribunal's website and complete the online application. You'll need to provide your details, the respondent's details, the amount you're claiming, and a brief description of the dispute. Most applications can be completed entirely online.
Step 4: Pay the Filing Fee
Pay the applicable filing fee online or in person. Keep the receipt — if you win, you can include this in your claim for costs.
Step 5: The Respondent is Notified
The tribunal serves the application on the respondent (the person you're claiming against). They have a set period to respond — usually 14–28 days depending on the state.
Step 6: Conciliation or Directions Hearing
Many tribunals schedule an initial conciliation session where a mediator tries to help both parties reach a settlement. This resolves a significant proportion of claims before they reach a formal hearing. If settlement is reached, it can be recorded as a binding order.
Step 7: Hearing
If conciliation fails, the matter proceeds to a hearing. A tribunal member (similar to a judge) hears both sides, reviews the evidence, and makes a binding decision. Most small claims hearings are informal — you don't need a lawyer, and the procedures are straightforward.
Timeline: From lodgement to hearing typically takes 4 to 12 weeks, depending on the tribunal and the complexity of the dispute. Conciliation is usually scheduled within 4–6 weeks of lodgement. If it proceeds to a hearing, add another 4–8 weeks.
Tips for Presenting Your Case
- Organise your evidence in chronological order — tribunals appreciate clarity
- Prepare a brief written summary of the key facts and what you're claiming
- Stick to the facts — don't make it personal or emotional
- Bring three copies of everything — one for yourself, one for the tribunal, one for the respondent
- Be on time and dress professionally — first impressions matter even in informal tribunals
- Listen carefully and answer questions directly — don't interrupt the other party
- Be specific about the amount you're claiming and why
Can the Other Party Bring a Lawyer?
In most small claims tribunals, legal representation is either prohibited or requires permission from the tribunal. This is intentional — it keeps the playing field level between private individuals and businesses with legal teams. In practice, most hearings involve both parties representing themselves.
What Happens if You Win?
The tribunal issues a binding order — typically requiring the respondent to pay the amount claimed (plus filing fees, and sometimes interest) within a set timeframe. If the respondent doesn't comply, the order can be enforced through the courts — including garnishing wages or bank accounts, or seizing assets.
Winning a tribunal order is one thing — collecting the money is another. Before lodging your claim, consider whether the other party actually has the means to pay. A judgment against someone with no assets or income may be difficult to enforce in practice.
Get a Personalised Small Claims Action Plan
Not sure exactly which tribunal applies to you, what to include in your claim, or what evidence to gather? SignedSorted generates a personalised Small Claims Action Plan based on your specific situation and state — step-by-step instructions tailored to your case, ready in minutes. From $3.99.
Get Your Small Claims Action Plan
Describe your situation and get a personalised, step-by-step guide to lodging your claim in your state — including which tribunal to use, filing fees, and what evidence to gather.
Get My Action Plan →Frequently Asked Questions
Do I need a lawyer for a small claims tribunal?
No. Small claims tribunals are specifically designed for self-represented parties. Legal representation is often not permitted, or requires tribunal approval. The procedures are informal and the tribunal member will guide the process.
What if the respondent doesn't show up to the hearing?
If the respondent fails to appear, the tribunal can make an order in your favour (a default judgment) based on the evidence you provide. You don't need the respondent present to win your case.
Can I claim for my time and lost wages?
Generally no — tribunals award the amount of the debt or damage, not compensation for time spent pursuing the claim. Some tribunals allow a modest amount for inconvenience in specific circumstances, but don't count on it.
What if the other party is a company?
You can lodge a claim against a company. Use the company's legal name (e.g. "XYZ Services Pty Ltd") and its registered address, which you can find on the ASIC register at asic.gov.au.
Can I lodge a claim if there was no written agreement?
Yes. A verbal agreement is still a legally binding contract in Australia. However, without written evidence, your claim relies on your word against theirs — which makes it harder to prove. Written agreements, text messages, emails, and bank records are all useful evidence even without a formal contract.