How to file a civil claim in the ACT Magistrates Court
Civil claims in the ACT Magistrates Court are filed under the Magistrates Court Act 1930 (ACT) and the Court Procedures Rules 2006 (ACT). The plaintiff files a Claim, serves it on the defendant, and the matter either proceeds by default judgment (if undefended) or through directions, case management, and hearing. The Magistrates Court has civil jurisdiction up to the statutory monetary limit.
The framework
The ACT Magistrates Court operates under the Magistrates Court Act 1930 (ACT). Civil procedure is set by the Court Procedures Rules 2006 (ACT). Claims above the monetary limit proceed in the ACT Supreme Court.
The process
Confirm jurisdiction
Confirm the claim is within the Magistrates Court's civil monetary limit. Check the current threshold with the ACT Courts — higher-value claims must be filed in the Supreme Court.
Send a letter of demand
Send a clear written demand before filing. This often resolves the matter without court proceedings and can support costs submissions if unsuccessful.
Check the limitation period
Most contract and tort claims in the ACT must be filed within 6 years of the cause of action arising (Limitation Act 1985 (ACT)). Confirm the limit for your claim type.
Prepare the Claim
Draft the Claim in line with the Court Procedures Rules 2006 (ACT): parties, material facts, cause of action, and relief sought. Keep pleadings focused.
File the Claim and pay the fee
File the Claim at the Magistrates Court registry or through the ACT Courts eLodgment system. Pay the filing fee (tiered by claim value).
Serve the defendant
Personally serve the sealed Claim on the defendant under the Court Procedures Rules 2006 (ACT). File an Affidavit of Service.
Defendant's response
The defendant has 28 days from service to file a Notice of Intention to Respond and a Response. Default judgment is available if they do not.
Directions hearings and case management
The Magistrates Court lists directions hearings. The court may refer parties to mediation or pre-hearing conferences.
Hearing
Exchange evidence and prepare witnesses. The hearing is before a magistrate. After hearing, judgment is given with reasons.
Enforce the judgment
If the defendant does not pay, enforce through a warrant of execution, garnishee order, or examination summons under the Court Procedures Rules 2006 (ACT).
Forms and templates
- Claim
- Notice of Intention to Respond / Response
- Application for Default Judgment
- Affidavit of Service
Common mistakes
- Filing in the Magistrates Court when the claim exceeds the monetary limit
- Missing the 6-year limitation period under the Limitation Act 1985 (ACT)
- Vague pleadings that do not establish each element of the cause of action
- Serving incorrectly and having to re-serve
- Missing directions hearing deadlines
Get this process right with Quillio
Quillio can draft the Claim, Response, and default judgment application in line with the Court Procedures Rules 2006 (ACT). See /practice-areas/commercial-lawyers or start a free trial at /free-trial.
This guide is general information — not legal advice. The ACT Magistrates Court may update its rules, forms, and fees. Obtain legal advice for complex or high-value claims, or where there is a counterclaim or third party.
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