Small Claims FAQ

A small claim is a civil dispute under the jurisdictional limit of a tribunal or the small claims division of a local court — typically involving consumer, tenancy, motor vehicle, or low-value contract disputes with simplified procedure.

NSW: NCAT (up to $40,000 Consumer Commercial). Vic: VCAT (no fixed limit on civil claims). Qld: QCAT (minor civil up to $25,000). SA: SACAT. WA: Magistrates Court Minor Cases ($10,000). Tas: MCD. ACT: ACAT ($25,000). NT: NTCAT.

Tribunals handle consumer complaints, residential and retail tenancy, motor vehicle, strata, building work, occupational licensing, guardianship, and many administrative reviews. Each tribunal has multiple divisions with distinct rules.

You file an application online or in paper form with the tribunal, paying the filing fee. You describe the dispute, what you want, and attach documents. The tribunal serves the respondent, who files a response.

Tribunal filing fees are much lower than court fees, typically $50-$250 depending on claim value. Concession rates are available for pensioners and health care card holders. Fees are updated annually.

Most tribunals restrict legal representation in the small claims or minor civil divisions — you typically need leave to be legally represented. The tribunals are designed for parties to represent themselves with simplified procedure.

Leave is often granted if the other party has legal representation, the matter is complex or has significant consequences, or a party has a disability or other disadvantage. Large-value or technical matters are more likely to be granted leave.

Simple matters are typically listed within 6-12 weeks. Contested hearings can take 2-6 months to complete. Complex or multi-day hearings longer. Tribunals aim to be faster than court — typically 3-4 times quicker.

Most tribunals require or strongly encourage mediation or a conciliation conference before a contested hearing. Many matters settle at this stage. Failure to attempt mediation in good faith can affect costs and case management.

Hearings are typically less formal than court. The parties give evidence (often from the bar table), produce documents, and may call witnesses. The member asks questions and gives a decision on the day or reserves for written reasons.

Most tribunals are not bound by strict rules of evidence. They can inform themselves as they see fit, subject to procedural fairness. Hearsay and documentary evidence are often admitted. Relevance and reliability remain important.

Usually not. The default rule in most small claims and minor civil matters is that each party bears their own costs. Costs can be awarded against a party who acts unreasonably, fabricates evidence, or breaches orders.

Tribunals can order payment of money, return or replacement of goods, performance of work, rectification, declarations, injunctions (limited in some divisions), and termination of leases. Remedies are designed to resolve the practical dispute.

Money orders are enforced by filing a certified copy with the local or magistrates' court, after which they are enforceable as a court judgment. Non-monetary orders are enforced by contempt proceedings or follow-up applications to the tribunal.

Most tribunals allow an internal appeal to an appeal panel on errors of law, and sometimes on factual errors by leave. Further appeal to a Supreme Court is usually limited to questions of law.

Each state has a tenancy division in its tribunal handling bond disputes, termination, repairs, rent increases, and other landlord-tenant matters under the state Residential Tenancies Act.

A consumer claim under the ACL and state fair trading legislation can often be pursued in a tribunal consumer commercial division. Typical claims involve defective goods, failed services, misleading conduct, and unfair contract terms.

Most tribunals have a home building or domestic building division for residential building disputes up to specified values. Commercial construction disputes typically go to courts or specialist lists (for example NSW Supreme Court Technology and Construction List).

Tribunals hear strata and owners corporation disputes including levies, by-laws, meeting irregularities, and works disputes. NCAT and VCAT have specialist strata lists with experienced members.

Yes. Time limits vary by claim type. Consumer guarantee claims are typically 6 years; residential tenancy claims much shorter (often 3 months for bond, 2 years for other matters). Always check the relevant statute for the specific claim.