Common questions
Small Claims Tribunal - civil
How do I start my claim?
You can start your claim by completing a Form 1 – Claim (SCT), Form 20 – Residential Tenancies – Urgent Claim or Form 21 – Residential Tenancies –Non-Urgent Claim depending on your dispute.
Usually, you must lodge the form along with supporting documentation at the Small Claims Tribunal in your nearest Magistrates Court.
However, if your dispute started in the Brisbane area including Beenleigh, Cleveland, Holland Park, Redcliffe, Richlands, Sandgate or Wynnum you must lodge your claim form at the Brisbane Magistrates Court registry.
You must pay the filing fee relevant to the amount of your claim at the time of lodgement.
Can I start a claim against a business or company and what information do I need?
Yes, you can start a claim against a business or company. You will need to obtain the correct details of the business including the name and address to ensure you take action against the right organisation.
How do I get the correct business or company information?
There are several ways to access the correct business and company information. Queensland’s Office of Fair Trading can provide details of registered businesses for a search fee.
You can also obtain details from the Australian Securities and Investment Commission (ASIC), on payment of a search fee, if you are suing a company.
If you sue the wrong business or company,you will not be able to enforce your order if you are successful. If this occurs you will have to start the process again.
Is my claim a minor debt or Small Claims Tribunal claim?
Although both claims have a maximum amount of $7,500, they involve different proceedings and are dealt with by different courts.
Small Claims Tribunal claims can be for matters which do not involve monetary amounts such as product replacement or repair.
Generally, a minor debt claim is used to sue someone who owes a specific amount of money for labour, goods supplied or a loan.
Refer to the Small Claims Tribunal fact sheet for more information on minor debts and small claims.
What happens at the tribunal hearing?
The referee (usually a magistrate), may ask if you (the claimant) and the person you are in dispute with (the respondent) can settle the matter out of court. If you can, you will usually be left to negotiate privately.
If you reach agreement, the referee may record the terms of the agreement. If you can’t agree, the referee will hear your case where you may present your side of the dispute and call witnesses to back up your claim. The referee will then make a decision about your claim.
What if I am unhappy with the tribunal’s decision?
If you are unhappy with the tribunal’s decision, there is no way to appeal. The tribunal’s ruling is final.
If you did not attend the hearing, you may be able to request a re-hearing in some limited circumstances. The Legal Aid Small Claims Tribunal – a consumer guide may assist you.
Can the tribunal staff assist me?
Tribunal staff can help you with general procedural advice only - they are not able to give legal advice.
You may wish to obtain advice from a qualified legal practitioner to help you prepare all the information needed to support your case.
Tribunal staff can help you to complete your claim, and may check your paperwork to ensure it complies with basic legislative requirements. Staff can also provide information about hearing dates, forms and tribunal locations.
Can I pursue a claim involving damages or owed money from a building dispute in the Small Claims Tribunal?
A claim involving a building dispute (including home renovations) should be pursued in the Commercial and Consumer Tribunal.
If your case falls within the definition of a building dispute under the Commercial and Consumer Tribunal Act 2003, the Commercial and Consumer Tribunal has jurisdiction to deal with the matter. In some circumstances a Magistrates Court or Small Claims Tribunal can hear and determine this type of case. You may wish to consult a lawyer before proceeding with this type case.
If you think your case is associated with a building dispute you should contact the Commercial Consumer Tribunal to find out where your claim should be filed.
Last updated 21 December 2007
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