How to file a civil claim in the QLD Magistrates Court
In Queensland, you commence a civil claim in the Magistrates Court by filing a Claim and Statement of Claim via the eCourts Queensland Portal. The court's monetary limit is $150,000. Procedure is governed by the Uniform Civil Procedure Rules 1999 (Qld) (UCPR).
The framework
Civil proceedings in the Queensland Magistrates Court are governed by the Magistrates Courts Act 1921 (Qld), the Civil Proceedings Act 2011 (Qld), and the Uniform Civil Procedure Rules 1999 (Qld).
The process
Confirm jurisdiction
The Queensland Magistrates Court has civil jurisdiction up to $150,000 under section 4 of the Magistrates Courts Act 1921. Larger claims belong in the District or Supreme Court of Queensland.
Send a letter of demand
Issue a written letter of demand giving the defendant a reasonable period (usually 14-21 days) to pay or respond. This is good practice and supports costs applications.
Draft the Claim and Statement of Claim
Prepare Form 2 (Claim) and attach a Statement of Claim that complies with Chapter 6 of the UCPR 1999. Plead material facts, the cause of action, and the relief sought.
File via eCourts Queensland Portal
File the Claim and Statement of Claim through the eCourts Queensland Portal. Pay the filing fee, which depends on claim value and party type.
Serve the defendant
Serve the sealed Claim and Statement of Claim personally on the defendant within 1 year of filing, under Chapter 4 of the UCPR 1999.
Defendant response
The defendant has 28 days after service to file a Notice of Intention to Defend and Defence. If no response, you can request default judgment under UCPR 283.
Disclosure and directions
The parties must provide disclosure under Chapter 7 of the UCPR 1999. Pre-trial directions deal with evidence, expert reports, and trial planning.
Attempt alternative dispute resolution
The court strongly encourages mediation or early neutral evaluation. Most Magistrates Court matters are referred to case appraisal or mediation before trial.
Trial
If unresolved, the matter proceeds to trial. Evidence is given by affidavit or oral testimony. The magistrate decides on the balance of probabilities.
Enforcement
Judgments are enforced via enforcement warrants (seizure and sale, enforcement hearings, redirection of earnings) under Chapter 19 of the UCPR 1999. Queensland judgments are enforceable for 12 years.
Forms and templates
- Claim (Form 2) and Statement of Claim
- Notice of Intention to Defend
Common mistakes
- Filing a claim above the $150,000 limit
- Not particularising the Statement of Claim
- Missing the 1-year service deadline
- Failing to give disclosure under Chapter 7 UCPR
- Not applying for enforcement warrants within time
Get this process right with Quillio
Quillio can draft a Statement of Claim, prepare disclosure lists, and generate settlement offers compliant with the UCPR 1999. See /practice-areas/civil-litigation or start a free trial.
This guide is general information, not legal advice. Civil litigation is complex and carries cost risk. Seek advice from a Queensland civil litigation lawyer.
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