Civil law Australia: small claims, time limits, which court

Legally reviewed by Michelle Makela, admitted solicitor · Admitted 2006

Key points

Small claims: NSW $20,000 (Local Court); Queensland, the ACT and the NT $25,000 (their tribunals); SA $12,000; WA $10,000; Tasmania $15,000. Victoria sends claims under $10,000 to arbitration in the Magistrates' Court.
Time limits to sue: contract and most debts 6 years (the NT 3 years); personal injury 3 years; defamation 1 year; a claim on a dead person's estate as little as 3 to 12 months. Courts can extend some of these, but not all.
Lower court limits: NSW, Victoria and SA $100,000; Queensland $150,000; WA $75,000; Tasmania $50,000; the ACT and the NT $250,000.
Before you sue: in SA, send a final notice or letter of demand and wait 21 days; Queensland injury claims need a notice of claim first; fence disputes need a fencing notice first in several states; defamation needs a concerns notice in most states.
Consumer guarantees under the Australian Consumer Law cover purchases up to $100,000, or of a kind usually bought for personal or household use.
Collecting a judgment: garnishee orders on wages or bank accounts, seizure and sale of property, or an examination of the debtor. A bankruptcy notice needs a judgment of $10,000 or more, no more than 6 years old.
For a civil dispute, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer in your state for a fixed $295.

In Australia, a claim for breach of contract or most debts must generally be started within 6 years (3 years in the Northern Territory), a personal injury claim within 3 years and a defamation claim within 1 year, and small claims go to a court or tribunal with limits from $10,000 in Western Australia to $25,000 in Queensland, the ACT and the Northern Territory.

Checked on 23 October 2026 against each state's and territory's limitation, court and tribunal laws and pages, the Australian Consumer Law, the Australian Financial Security Authority, and the legal aid commissions. NSW figures come from the NSW courts' own pages and the Judicial Commission's bench book, because the NSW legislation website could not be read that day.

Small claims

State	Where	Limit	Filing fee for a person (from 1 July 2026)
NSW	Local Court, Small Claims Division. Consumer claims can also go to the NSW Civil and Administrative Tribunal (NCAT), up to $100,000	$20,000	$179 ($358 for a company); NCAT consumer claims from $64
Victoria	Magistrates' Court (claims under $10,000 go to arbitration); VCAT for consumer and trader disputes	Court limit $100,000	Court: $176.20 under $1,000, $367.90 from $1,000 to $10,000. VCAT: $67.40 for claims of $15,000 or less (no fee with a concession card)
Queensland	QCAT, minor civil disputes	$25,000	$96.30 to $405.60, depending on the amount
South Australia	Magistrates Court, minor civil claims	$12,000	$186, plus $27.75 for a final notice lodged online
Western Australia	Magistrates Court, minor case claims	$10,000	$199.50 ($59 for an eligible individual), on the schedule effective from September 2026
Tasmania	Magistrates Court, minor civil claims	$15,000	$147 for claims up to $5,000; $284.20 above that
ACT	ACT Civil and Administrative Tribunal (ACAT)	$25,000	$93 to $707 (concession card holders are exempt)
Northern Territory	NT Civil and Administrative Tribunal (NTCAT)	$25,000	$129 to $518

Lawyers are limited in small claims. In SA, a lawyer generally cannot represent a party in a minor civil claim; in Tasmania there are no legal costs in a minor civil claim; in WA, only limited costs can be recovered on claims of $10,000 or less.

Which court for larger claims

State	Local or Magistrates Court	Next court up	Above that
NSW	Local Court, up to $100,000	District Court, up to $1.25 million (any amount for motor accident cases, or more if the parties agree)	Supreme Court
Victoria	Magistrates' Court, up to $100,000	County Court, no money limit	Supreme Court
Queensland	Magistrates Court, up to $150,000	District Court, up to $750,000	Supreme Court
South Australia	Magistrates Court, up to $100,000	District Court, no money limit	Supreme Court
Western Australia	Magistrates Court, up to $75,000	District Court, up to $750,000 (any amount for death or bodily injury)	Supreme Court
Tasmania	Magistrates Court, up to $50,000 (more if all parties agree in writing)	No District Court	Supreme Court
ACT	Magistrates Court, up to $250,000	No District Court	Supreme Court
Northern Territory	Local Court, up to $250,000 (more with written consent)	No District Court	Supreme Court

Time limits to sue

State	Contract and most debts	Personal injury	Defamation	Claim on a dead person's estate (family provision)
NSW	6 years	3 years from when you knew or should have known the key facts, with a 12-year outer limit	1 year (up to 3 if it was not reasonable to sue sooner)	12 months from the death
Victoria	6 years	3 years from when you knew or should have known the key facts, with a 12-year outer limit	1 year	6 months from the grant of probate or administration
Queensland	6 years	3 years from when the claim arose	1 year	9 months from the death
South Australia	6 years	3 years (for an injury that shows up later, from when you first know of it)	1 year	6 months from the grant
Western Australia	6 years	3 years from when you became aware of the injury	1 year	6 months from when the administrator is entitled to administer the estate
Tasmania	6 years	3 years from when you knew or should have known the key facts	1 year	3 months from the grant
ACT	6 years	3 years from the injury (for a disease, from when you first knew of it); motor accidents 5 years	1 year	6 months from the grant
Northern Territory	3 years	3 years	1 year	12 months from the grant

Once a limit passes, the claim is generally barred, but courts can extend some limits: personal injury in most states (in NSW, only in part), defamation up to 3 years, and family provision claims in every state.
Other limits are much shorter: an unfair dismissal claim must reach the Fair Work Commission within 21 days.
Your claim may have its own rules, so check the limit for your situation early.

Before you sue

South Australia: give the other side a notice of intention to sue (a final notice or letter of demand) and wait 21 days before filing, or you may not get your filing costs back.
Queensland personal injury: you must give a written notice of claim in the approved form before suing; the first part is due within 9 months of the incident or 1 month after you instruct a lawyer, whichever is earlier.
Fences: serve a fencing notice first: in NSW at least 1 month before applying to NCAT; in Victoria, go to the Magistrates' Court if there is no agreement 30 days after the notice; in Queensland, apply to QCAT within 2 months if there is no agreement after 1 month; in Tasmania, allow 21 days for a reply, then arbitration.
Defamation: a concerns notice must be given before suing in Victoria, Queensland, SA, Tasmania, the ACT and the NT. Western Australia's Defamation Act has not been changed since 2006 and has no such rule.
Tenancy: in Queensland, many disputes must go through the Residential Tenancies Authority's dispute resolution first; in Victoria, some go first to Rental Dispute Resolution Victoria, part of VCAT.
Federal courts: an applicant must file a genuine steps statement setting out the steps taken to resolve the dispute.
Settlement: courts encourage it, and the NSW Local Court says the vast majority of civil cases settle without a hearing.

Neighbours, renters and consumers: where to go

State	Fences	Trees	Rental disputes	Consumer complaints
NSW	NCAT	Land and Environment Court	NCAT	NSW Fair Trading, 13 32 20
Victoria	Magistrates' Court	No specific law; nuisance claims go to the Magistrates' Court, and the Dispute Settlement Centre of Victoria offers free mediation	VCAT	Consumer Affairs Victoria, 1300 55 81 81
Queensland	QCAT	QCAT	QCAT (many after the Residential Tenancies Authority's dispute resolution)	Office of Fair Trading, 13 74 68
South Australia	Magistrates Court (minor civil)	Neighbour disputes about trespass or nuisance are minor civil claims in the Magistrates Court	SACAT	Consumer and Business Services, 131 882
Western Australia	Magistrates Court	Not covered here	Magistrates Court (claims up to $10,000); the Commissioner for Consumer Protection decides most bond disputes and disputes about pets and minor changes	Consumer Protection, 1300 30 40 54
Tasmania	Notice, then arbitration	TASCAT	Magistrates Court, as a minor civil claim	Consumer, Building and Occupational Services
ACT	ACAT	ACAT hears nuisance and trespass claims	ACAT	Access Canberra, 13 22 81
Northern Territory	NTCAT	Not covered here	NTCAT	NT Consumer Affairs, 1800 019 319

Consumer guarantees

Under the Australian Consumer Law, you are a consumer if you buy goods or services costing up to $100,000, or of a kind usually bought for personal, domestic or household use. Goods must be of acceptable quality, fit for any purpose you made known, and match their description; services must be provided with due care and skill. The law also bans misleading or deceptive conduct and unconscionable conduct, and unfair terms in consumer and small business contracts. The ACCC and each state's fair trading body enforce it, and consumers make claims in their state's tribunal or court.

If you win: collecting the money

Every state lets a creditor enforce a court judgment, for example by a garnishee order that takes money from wages or a bank account, by seizing and selling property, or by an examination of the debtor's means. A tribunal's money order is enforced by registering it in a court (free in Queensland). To bankrupt someone, you need a final judgment of $10,000 or more, no more than 6 years old; a bankruptcy notice then gives them 21 days to pay.

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Frequently Asked Questions

How long do I have to sue someone in Australia?

It depends on the claim and the state. Contract and most debt claims: 6 years, except 3 years in the Northern Territory. Personal injury: 3 years, though when the clock starts differs between states. Defamation: 1 year, which a court can extend to 3. A claim on a dead person's estate: from 3 months (Tasmania) to 12 months (NSW and the NT). Courts can extend some limits, but not all, so act early.

What is the small claims limit in my state?

NSW $20,000 in the Local Court's Small Claims Division (and up to $100,000 for consumer claims at NCAT); Queensland $25,000 at QCAT; the ACT $25,000 at ACAT; the NT $25,000 at NTCAT; South Australia $12,000; Tasmania $15,000; Western Australia $10,000. In Victoria, Magistrates' Court claims under $10,000 go to arbitration, and VCAT hears consumer and trader disputes.

What happens if I ignore a claim against me?

The court can give judgment against you without a hearing (a default judgment), and the other side can then enforce it, for example by taking money from your wages or bank account or by seizing property; a judgment of $10,000 or more can be used to start bankruptcy. In Queensland, for example, you have 28 days after being served to file a notice of intention to defend and a defence.

Do I need to send a letter of demand before suing?

In South Australia, yes: give a final notice or letter of demand and wait 21 days, or you may not get your filing costs back. Elsewhere it is usually expected rather than required, but some claims have their own first step: a notice of claim for Queensland personal injury, a fencing notice for fence disputes in several states, and a concerns notice before suing for defamation in most states.

What is the standard of proof in a civil case?

On the balance of probabilities: the court must find your version more likely than not, as the NSW Local Court puts it. Criminal cases use the higher standard of proof beyond reasonable doubt.

Can I make someone bankrupt for a debt?

Only with a final court judgment for $10,000 or more that is no more than 6 years old. You serve a bankruptcy notice, which gives the person 21 days to pay; if they don't, they commit an act of bankruptcy.

Free help

State	Legal aid line	Hours
NSW	LawAccess NSW, 1300 888 529	9am to 5pm, Monday to Friday
Victoria	Victoria Legal Aid, 1300 792 387	8am to 6pm, Monday to Friday
Queensland	Legal Aid Queensland, 1300 65 11 88	8:30am to 4:30pm, Monday to Friday
South Australia	Legal Services Commission, 1300 366 424	9am to 4:30pm, Monday to Friday
Western Australia	Legal Aid WA, 1300 650 579	9am to 4pm, Monday to Friday (WA time)
Tasmania	Tasmania Legal Aid, 1300 366 611	8:45am to 5pm, Monday to Friday
ACT	Legal Aid ACT, 1300 654 314	8:30am to 7pm Monday to Thursday; 8:30am to 5pm Friday
Northern Territory	Legal Aid NT, 1800 019 343	8am to 4:30pm, Monday to Friday

Community Legal Centres Australia lists more than 160 community legal services, with a finder for each state. Law societies run referral services to private firms, for example in NSW on (02) 9926 0333 (the referral is free, but firms charge their usual fees) and in SA on (08) 8229 0200. In the NT, the Law Society's First Interview Scheme offers a 30-minute consultation with a solicitor for $99 including GST, on (08) 8981 5104. Justice Connect takes applications for free help from its lawyers.

How Go To Court Lawyers can help

Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in your state is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can check your time limit, tell you which court or tribunal to use, help with a letter of demand or a defence, and tell you what any further work would cost before you commit. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.

General information only, not legal advice. Updated 23 October 2026. Checked against the limitation Acts of Victoria, Queensland, South Australia, Western Australia, Tasmania, the ACT and the Northern Territory; the courts' and tribunals' Acts and fee pages (fees from 1 July 2026, and WA's schedule effective from September 2026); the succession and family provision Acts; the fences and neighbourhood dispute Acts; the defamation Acts; the Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2) and its regulations; the Civil Dispute Resolution Act 2011; the Australian Financial Security Authority; and the legal aid commissions, consumer bodies and law societies, on 23 October 2026. NSW figures come from the Local, District and Supreme Courts', NCAT's and the Land and Environment Court's own pages and the Judicial Commission of NSW's Civil Trials Bench Book, because the NSW legislation website showed a bot check.

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