Small Claims Tribunal

Small claim or minor debt claim?

Are you sure that your claim is not a minor debt claim? If you want to take action against someone because you are owed a set amount of money up to $7500 (e.g. an IOU, a dishonoured cheque or wages), this is a minor debt claim. Inquire at your local Magistrates Court.

A small claim is a dispute involving up to $7500, but it is not a straight forward debt. The Small Claims Tribunal is sometimes called a consumers' court because it is generally concerned with disputes between consumers and traders. However, it deals with several other types of dispute as well.

Who can make a small claim?

You can if:

You are a consumer who feels a trader has not treated you in the way you agreed

You are a trader who disputes a spoken or written agreement with another trader who has provided goods or services

You own property that was damaged by a vehicle

You are involved in a dispute about a fence to be built or repaired

You are involved in a dispute about a mobile home

You are a lessor (or agent) and you have a residential tenancy dispute with a tenant

You are a tenant and you have a residential tenancy dispute with a lessor or agent

You are a tenant and you have a dispute with another tenant over the distribution of rental bond money

You have a dispute over a holding deposit for a tenancy of premises.

What does the Small Claims Tribunal do?

It provides a low cost way to make a small claim without using lawyers. You prepare your own case. The cost depends on the amount of your claim. Presently, filing fees vary between $12.20 and $64. The Tribunal can order that you be reimbursed the amount you pay, but it cannot order the recovery of other costs, such as search fees.

How do you prepare your case?

You will need:

a claim form and possibly an affidavit;

A step by step guide.

The guide is available free of charge from the Small Claims Tribunal in Brisbane (363 George Street Brisbane QLD 4001); phone (07) 3247 5598) or from your local Magistrates Court or Legal Aid Office. The guide shows you how to fill out the necessary forms and tells you how to gather evidence to support your case.
The forms come with the guide, but you can get them separately from the same address.

What can the other person (or business) do?

Defend the claim

Contact you to try to settle the matter

Ignore the claim (The hearing may proceed and an order be made anyway.)

What happens at the hearing?

The referee (usually a magistrate) may ask if you and the other person can settle the matter yourselves. If you can, you will be left to negotiate privately.

If you reach agreement, the referee will record the terms of the agreement on request. If you cannot reach agreement, the referee will hear the matter.

You present your side of the dispute and call witnesses to back up your claim.

After hearing everyone, the referee will make a decision. The referee may agree with your claim, or agree with the other side, or decide that only part of your claim must be met.

The referee's decision is final and can be enforced by a Magistrates Court if necessary. A review of the decision can only be instituted in the Supreme Court. Only in exceptional circumstances would a review against the decision be allowed by a judge of the Supreme Court.

To institute a review you would have to prepare and file Form 56 of the Uniform Civil Procedure Rules, at a Supreme Court Registry and pay the fees that apply. (phone 3247 4312 for current fees).

Before you embark on a review, you are strongly urged to seek legal advice about your rights and liabilities.

What if the Tribunal's order is not followed?

When the order is to correct work:
If the other person does not correct the work as ordered, tell the Tribunal. The referee may make a new order, this time to pay money.

When the order is to pay money:
If the other person refuses to pay, you may ask the Tribunal to examine his / her financial circumstances. You will be given a copy of the findings. If that person still refuses to pay, you may refer it to the Magistrates Court for enforcement.

Is there an alternative to taking the matter to the Small Claims Tribunal?

Yes. You may wish to consider mediation as an alternative. Mediation is a way of settling a dispute without having to take legal action. It enables you and the other person (or business) to meet together with two neutral mediators, who will help you to discuss the dispute.

The mediators do not take sides, give advice or make decisions for you. They assist you both to make your own decisions and to work out an agreement that is acceptable and workable for both of you.

Mediation can be arranged in around two weeks and is free. Mediation saves you time and money and is successful in helping people reach an agreement in 90 per cent of cases.

If you are interested in mediation, please phone the Alternative Dispute Resolution Branch, Department of Justice and Attorney General on 3239 6007 or 1800 017 288.

For more information:

If you have a problem that you think the Tribunal can settle, contact:

Small Claims Tribunal
363 George Street Brisbane QLD 4001 GPO Box 1649
Telephone: (07) 3247 5598
Facsimile: (07) 3247 9019

Outside Brisbane:

your nearest Magistrates Court; or a Community Legal Centre.