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Small claims by state and territory: where to file a debt claim

There is no single small claims court in Australia. Each state and territory sets its own limit, its own filing fee and its own body to hear the claim, and those figures change over time.

Updated 28 September 2026

The short answer

A small debt claim is filed with the tribunal or court in the state or territory where the debt arose. Limits are $25,000 in Queensland, the ACT and the Northern Territory, $20,000 in the New South Wales Local Court, $15,000 in Tasmania, $12,000 in South Australia and $10,000 in Western Australia. Confirm the current limit and fee on the official page before you file.

Small claims in Australia: the short version

A small claim for a debt is decided by a tribunal or by the lower court of the state or territory where the debt arose. Each has its own limit, form and filing fee, and several are indexed on 1 July each year, so check the current figure before you pay.

Compare the limits, fees and time limits

State or territoryWhere you fileCurrent limitCost to fileTime limit
QueenslandQCAT: minor civil dispute (minor debt)$25,000 excluding interest$96.30 to $405.60 depending on the amount claimed6 years from when the agreement was made
New South WalesNCAT Consumer and Commercial Division, or the Local Court Small Claims DivisionNCAT $100,000; Local Court Small Claims Division $20,000NCAT from $64; Local Court $179NCAT 3 years from when the cause of action arose; Local Court check the current time limit
VictoriaVCAT: Civil Claims Listcheck the current limitcheck the current feeGenerally 6 years from the dispute
South AustraliaMagistrates Court: Civil (Minor Claims) Division$12,000$180check the current time limit
Western AustraliaMagistrates Court: minor case procedure$10,000$199.50check the current time limit
TasmaniaMagistrates Court: minor civil claim$15,000$143.25 up to $5,000; $276.95 from $5,001check the current time limit
Australian Capital TerritoryACAT: civil dispute$25,000$93, $195 or $707 for an individual; higher for a corporationcheck the current time limit
Northern TerritoryNTCAT: small claims$25,000$129, $259 or $518 for an individual; higher for a body corporate3 years from when the money was owed

Queensland: QCAT

A minor debt claim covers an agreed and fixed amount of up to $25,000, excluding interest, where the agreement was made no more than six years ago. QCAT cannot decide a larger debt, but an applicant may reduce a claim to $25,000 to fit inside the limit.

New South Wales: NCAT and the Local Court

NCAT decides consumer claims up to $100,000 and can order payment, repairs or replacement, or a refund, with applications due within three years of when the cause of action arose. For a money claim that is not a consumer claim, the Local Court Small Claims Division hears up to $20,000 in a less formal process.

Victoria: VCAT

Debt and goods and services disputes are heard in the VCAT Civil Claims List, which publishes its current limit and fees on its own pages and updates them each 1 July. You must generally apply within six years of the dispute, and below $15,000 VCAT will usually not let a lawyer speak for you.

South Australia: Magistrates Court

The Civil (Minor Claims) Division deals with recovering a debt of up to $12,000 and with minor statutory proceedings such as neighbourhood disputes. A lawyer is not normally entitled to represent a party at the trial, and filing a minor civil action costs $180.

Western Australia: Magistrates Court

A minor case claim covers debt or damages up to $10,000, and consumer or trader claims of the same size. A lawyer cannot represent either party without the court permission, and a small business may qualify for a reduced lodgment fee.

Tasmania: Magistrates Court

The Civil Court deals with disputes up to and including $15,000 as a minor civil claim, with claims from $15,001 to $50,000 heard as civil claims and larger claims only if all parties agree. Parties in a minor civil claim represent themselves unless the court gives permission.

Australian Capital Territory: ACAT

ACAT hears civil disputes where the amount claimed is $25,000 or less, covering debts, damages and goods. If the amount is larger you can abandon the excess and claim $25,000, or ask the other party to agree to ACAT hearing the larger amount.

Northern Territory: NTCAT

A small claim of up to $25,000 goes to NTCAT, which can order recovery of an amount, performance of work, relief from payment, or the return or replacement of goods. Claims must be made within three years of the date the money was owed.

The general process, step by step

  1. Check the limit and the time limit Confirm both against the body own page. If the claim is at or near the limit, get advice before you file.
  2. Send a final demand Give the client a clear deadline and keep proof that the demand was sent.
  3. Prepare your evidence Gather the contract or quote, the invoice, the reminder and demand letters, and any emails about the job.
  4. Name the right party Check the correct legal name and registered address of the business you are claiming against.
  5. File and pay the fee Lodge the form and pay the filing fee, which usually scales with the amount claimed.
  6. Serve the documents In most bodies the applicant serves the application, and there are rules about how. Keep proof of service.
  7. Attend the conference or hearing Many claims go to mediation or a conciliation conference before a hearing.
  8. If you get an order and are still not paid Enforcement is a separate step with its own fees, and the court does not collect the money.

What to do before you file

  • Send the reminders and the demand first, and keep the proof. The app keeps each invoice, its reminder trail and its payment history together.
  • Check that the debt is not already outside the time limit, and whether the client is a company or a sole trader.
  • Add up the filing fee, any service fee and your own time. A claim is not always the cheapest way to be paid.
  • Try mediation or a payment plan, because every one of these bodies expects parties to settle first.
  • Decide whether you need advice, especially if the claim is near the limit or the facts are disputed.

Keep the invoice, the reminders and the record in one place

Start on the free plan

Questions people ask

Do all states and territories have the same small claims limit?
No. Limits run from $10,000 in Western Australia and $12,000 in South Australia up to $25,000 in Queensland, the ACT and the Northern Territory, with Tasmania at $15,000 and New South Wales at $20,000 in the Local Court Small Claims Division.
Which state or territory do I file in?
Usually the state or territory where the debt arose or the work was done, but the rules differ. QCAT, for example, says you can still apply in Queensland if the respondent lives interstate, provided the agreement was initiated in Queensland. If your client is in another state, get advice first.
Do I need a lawyer?
In most of these bodies you represent yourself, and in some a lawyer cannot speak for you unless the tribunal or court gives permission. If the claim is near the limit, get advice before you file.
What if the debt is larger than the limit?
You can usually reduce the claim to the limit so it fits, or file in the higher court, which has higher fees and more formality. QCAT lists claims up to $150,000 as Magistrates Court matters. Get advice before you give up part of a debt.

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