How to file a civil claim in the ACT Magistrates Court
Civil claims up to $250,000 in the ACT are filed in the Magistrates Court. You begin by sending a letter of demand, then filing a civil claim form. The defendant has 28 days to respond after service. Undefended claims may proceed to default judgment.
The framework
Civil claims in the ACT Magistrates Court are governed by the Magistrates Court Act 1930 (ACT), the Court Procedures Act 2004 (ACT), and the Court Procedures Rules 2006 (ACT).
The process
Send a letter of demand
Write a formal letter of demand to the other party, setting out the claim, the amount sought, and a deadline for payment (typically 14-21 days).
Gather supporting evidence
Collect all relevant documents — contracts, invoices, correspondence, and photos — that support your claim.
Complete the civil claim form
Fill out the Initiating Application (Form 6.2) including the parties, the nature of the claim, and the relief sought.
File the claim at the registry
Lodge the completed form at the ACT Magistrates Court registry or via the online portal. Pay the applicable filing fee.
Serve the defendant
Serve the sealed claim documents on the defendant by personal service or another method permitted under the Court Procedures Rules.
Wait for the response period
The defendant has 28 days from service to file a response. If they do not respond, you may apply for default judgment.
File an affidavit of service
Lodge an affidavit confirming when, where, and how the defendant was served.
Apply for default judgment or prepare for hearing
If no response is filed, apply for default judgment. If a defence is filed, the matter will be listed for a directions hearing.
Attend the hearing
Present your case at the hearing, including witness statements and documentary evidence. The Magistrate will make a determination.
Enforce the judgment
If judgment is awarded, enforcement options include garnishee orders, property seizure orders, and instalment orders under the Court Procedures Rules.
Common mistakes
- Not sending a letter of demand before filing — this is expected by the court
- Filing in the wrong court for the claim amount
- Failing to properly serve the defendant
- Not filing an affidavit of service before seeking default judgment
- Underestimating the evidence required at hearing
Get this process right with Quillio
Quillio helps draft letters of demand, initiating applications, and affidavits for ACT civil claims. See /practice-areas/litigation-lawyers or start a free trial.
This guide is general information about filing civil claims in the ACT — not legal advice. Consider obtaining advice specific to your matter.
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