Immigration Law

Small claims in Australia: finding the court for your jurisdiction

Compare the named state and territory court or tribunal entries by dispute type and amount, using the figures recorded on the linked official pages when they were checked.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

The official entries below name different courts or tribunals across Australian states and territories. Their listed matter types and monetary amounts need to be checked separately. To find yours, you need three things: the state or territory your dispute belongs to, what the claim is actually about, and the amount in dispute.

Start with the three questions that decide the venue

The Australian Government's business.gov.au guidance on going to court over a dispute says that deciding on the right court or tribunal depends on the state or territory where the contract was undertaken, the reasons for your claim, and the amount of money in dispute.

That same guidance points out that Australia has two separate sets of courts: federal courts, and state and territory courts. The courts in each state and territory are separate from each other. Do not assume that a rule cited for one state also applies in another; check the relevant jurisdiction’s official material.

Where small claims start in each state and territory

The table below uses only what each official page sets out. The amounts are entries on those pages at the time they were read, not a permanent national schedule — courts change monetary limits, so always re-check the page itself before you file.

Jurisdiction Body named on the official page What the page says Official page
NSW Local Court of New South Wales, Small Claims Division and General Division The Small Claims Division hears claims up to $20,000; the General Division hears claims over $20,000, up to $100,000 Local Court of NSW — Civil Jurisdiction
VIC Magistrates' Court of Victoria It can hear civil disputes up to the value of $100,000, including debts, claims for damages, other monetary disputes or equitable relief. The cited passage describes civil jurisdiction; it does not establish a separate small claims division Magistrates' Court of Victoria — Starting a civil matter
QLD Queensland Civil and Administrative Tribunal (QCAT) Its minor civil dispute process covers tenancy, minor debt, consumer/trader and dividing fence disputes. The cited introductory passage lists these dispute types; it does not supply a monetary limit QCAT — Minor civil dispute process
WA Magistrates Court of Western Australia It deals with claims for debt or damages of up to $75,000, and minor claims for debt or damages up to $10,000 Magistrates Court of WA — Civil Matters
SA Magistrates Court, minor civil, general civil, District Court or Supreme Court (Courts Administration Authority listing) Which court hears the case depends on the type of case and how much is being claimed; a minor claim is $12,000 or less Courts Administration Authority — Starting a civil case
TAS Magistrates Court of Tasmania A minor civil claim is any dispute claiming $15,000 or less Magistrates Court of Tasmania — Minor civil claims
ACT ACT Civil and Administrative Tribunal (ACAT) It can hear civil claims up to $25,000; in some circumstances a higher claim may be heard ACAT — Civil disputes
NT Northern Territory Civil and Administrative Tribunal (NTCAT) and the Local Court A small claim of up to $25,000 can be applied for through NTCAT; matters involving claims between $25,001 and $250,000 can be applied for in the Local Court NT Government — How to make a small claim

The dollar figure is only part of the test

Several of these pages route by something other than money alone, which is why comparing one number across states can mislead you.

In Queensland, the cited QCAT introduction lists tenancy, minor debt, consumer/trader and dividing fence matters. That passage alone does not establish the monetary limits or other eligibility conditions for each type. In South Australia, the listing makes it explicit that whether the matter goes to the Magistrates Court, minor civil, general civil, the District Court or the Supreme Court depends on both the type of case and the amount claimed; the $12,000 minor claim figure sits inside that broader routing test. In the ACT, ACAT's $25,000 figure carries a stated exception: in some circumstances, a higher claim may be heard. In the Northern Territory, the small claim pathway is split by amount between NTCAT and the Local Court.

Victoria sits slightly apart again. Its Magistrates' Court page describes civil disputes up to $100,000, but that page is not the same thing as a dedicated small claims division, and it should not be read as one.

How to check your own matter

Work through these steps in order. Each step is one action.

Write down the exact amount you are claiming, including interest if you are claiming it.

Write down what the dispute is about, in one line — an unpaid invoice, damage to a car, faulty goods, a bond, or a fence.

Write down the state or territory where the contract was made or the dispute arose.

Open the official page for that jurisdiction in the table above.

Match your amount to the figure on that page.

Match your dispute type to the matter types on that page.

Read any exception listed on the page, such as the ACT's higher-claim circumstances.

If your matter still does not fit any entry on the page, get advice before you file rather than filing in the nearest court.

Free and low-cost help by jurisdiction

The Attorney-General's Department lists a legal aid commission in each state and territory: Legal Aid New South Wales, Victoria Legal Aid, Legal Aid Queensland, Legal Aid Western Australia, Legal Services Commission of South Australia, Legal Aid Commission of Tasmania, Legal Aid Australian Capital Territory, and Northern Territory Legal Aid Commission.

A legal aid commission is an entry point for help, not the court that hears your claim, and appearing on that list says nothing about whether you personally qualify for assistance. Check eligibility with the commission in your own state or territory.

What this page does not decide for you

This page does not give individual filing advice for your matter. Filing fees are not covered here, because they were not part of the material relied on, and they differ between courts and between claim types.

The monetary entries above are point-in-time readings of official pages, so treat them as a starting point for checking rather than as a settled figure. One further caution: the Northern Territory small claims page mixes its current NTCAT entry with older Local Court wording further down, so rely on the current body named in that entry and confirm the route on the Tribunal's own material before filing.

Sources

Common questions

Do I need a lawyer or a migration agent?+
Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.
What is a Section 48 bar?+
It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.
Can I appeal a refused visa?+
Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.
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