How much can I claim in small claims court in Australia?

It depends on the state. In NSW, the NCAT Consumer and Commercial Division handles claims up to $100,000. In Victoria, VCAT's Civil Claims List handles claims up to $100,000. In Queensland, QCAT hears minor civil disputes up to $25,000. Check your state tribunal for the current limit.

Do I need a lawyer for small claims in Australia?

Generally no. State tribunals (NCAT, VCAT, QCAT, etc.) are designed to be accessible without legal representation. Parties typically represent themselves, and the tribunal members are trained to guide self-represented parties through the process.

How long does a small claims case take in Australia?

Most cases are resolved within three to six months from filing, depending on the tribunal's workload. Many cases settle at the conciliation or mediation stage before reaching a formal hearing.

How small claims court works in Australia

Plain-language guide · reviewed for general accuracy · Australia

In Australia, small claims disputes are heard not in traditional courts but in state-based civil and administrative tribunals — NCAT in NSW, VCAT in Victoria, QCAT in Queensland, and equivalent bodies elsewhere. These tribunals are designed to be low-cost, accessible, and less formal than courts. Here is how to use them.

1. Which tribunal and what is the claim limit?

Each Australian state and territory has its own tribunal structure and monetary limits:

NSW: NCAT Consumer and Commercial Division — up to $100,000 (smaller claims may also go to the Local Court Small Claims Division).
Victoria: VCAT Civil Claims List — up to $100,000 for most claims.
Queensland: QCAT Minor Civil Disputes — up to $25,000.
Western Australia: Magistrates Court Minor Cases Procedure — up to $75,000.
South Australia: SACAT — up to $100,000 (currently proposed, check latest).
Tasmania: Magistrates Court Civil Division Minor Civil Claims — up to $50,000.
ACT: ACAT Civil Disputes — up to $25,000.
Northern Territory: NTCAT — up to $25,000.

Common types of claims include unpaid debts, faulty goods or services, minor contract disputes, consumer claims, and landlord-tenant bond disputes.

2. Before you file — send a letter of demand

Most tribunals expect you to try to resolve the dispute before filing. Send the other party a formal letter of demand stating the amount owed, the basis for the claim, and a deadline for payment (usually 14–28 days). Keep a copy. If they pay or negotiate a settlement, you save the filing fee and time. If they ignore you or refuse, the letter of demand demonstrates to the tribunal that you attempted to resolve the matter.

Tip: many Australian tribunals require parties to attempt mediation or conciliation before a hearing. This is usually free and can resolve the matter quickly. Prepare a one-page summary of your claim and bring relevant documents.

3. Filing your claim

File an application with the relevant tribunal — most accept online applications. You will need to name the respondent (the person or business you are claiming against), state the amount, and describe the basis of your claim in plain language. Filing fees vary: NCAT charges around $55–$110 depending on the claim amount, VCAT typically $70–$220, QCAT around $30–$370. Fee waivers or reductions are available for concession card holders or those in financial hardship. Once filed, the tribunal serves the application on the respondent and sets a date for the first directions hearing or conciliation.

4. The hearing

Hearings in Australian tribunals are less formal than court. You sit at a table with the tribunal member (not in a courtroom dock). Lawyers are generally allowed but not required — most people represent themselves. The member will ask each side to explain their case, present documents, and answer questions. Bring originals and two copies of all documents: contracts, invoices, receipts, emails or text messages, photos, and your letter of demand. The member typically issues a decision at the end of the hearing, or reserves the decision to be delivered later in writing.

5. Enforcing the decision

If you win and the respondent does not pay, you can take enforcement steps. A tribunal order can be registered with the relevant court (for example, the Local Court in NSW or the Magistrates' Court in Victoria) and then enforced through methods such as garnishee orders (wages or bank accounts), writ for levy of property (Sheriff seizing and selling assets), or examination summons (requiring the debtor to attend court and disclose their financial position). Enforcement is not automatic — you need to take the initiative.

Common questions

How much can I sue for in small claims in Australia?: It depends on your state: NCAT (NSW) and VCAT (Victoria) handle claims up to $100,000; QCAT (Queensland) up to $25,000; other states have varying thresholds.
Do I need a solicitor to represent me?: No. Tribunals are designed for self-representation. The process is informal, and members assist parties to present their case. Some tribunals restrict legal representation in minor claims.
How long does it take from filing to decision?: Typically three to six months, depending on the tribunal's caseload. Many cases settle at mediation before reaching a contested hearing.

Tell the assistant your state, what the dispute is about, and how much is owed for a plain-language starting point.

This guide is general information about small claims procedures in Australian state tribunals and is not legal advice. Tribunal rules, fees, and thresholds vary by state and can change. For your specific situation, check your state tribunal's website or consult a licensed lawyer.