1. What Is a Small Claim in Queensland?
A small claim in Queensland is a legal action filed in the Queensland Magistrates Court to resolve disputes involving amounts of up to $25,000. This streamlined process is designed for minor disputes and does not typically require legal representation.
2. Types of Claims Handled in Queensland Small Claims Court
- Unpaid debts or loans.
- Property damage claims.
- Breach of contract disputes.
- Consumer complaints: Faulty goods or services.
- Residential tenancy disputes: Often related to unreturned bond money.
3. Steps to Make a Small Claim in Queensland
Step 1: Confirm Eligibility
- Monetary Limit: Your claim must not exceed $25,000.
- Jurisdiction: File in the Magistrates Court closest to where the defendant resides or where the dispute occurred.
Step 2: Try to Resolve the Dispute
Before filing, try to resolve the issue with the other party. You can send a letter of demand, which includes:
- Details of the issue.
- The amount being claimed.
- A deadline for resolution (usually 14–28 days).
If this does not resolve the issue, proceed to file a claim.
Step 3: Complete the Claim Form
- Obtain a Form 3 – Claim and Form 16 – Statement of Claim from the Queensland Courts website or your local Magistrates Court.
- Provide details about:
- The plaintiff (you).
- The defendant (the person or business you’re claiming against).
- The nature of the claim and the amount sought.
Step 4: File the Claim
- Submit your completed forms in person, by mail, or through the Queensland Courts’ eLodgment system.
- Pay the filing fee based on the amount you are claiming:
| Claim Amount | Filing Fee |
|---|---|
| Up to $7,500 | $110 |
| $7,501–$25,000 | $240 |
Fee waivers or reductions may be available for those experiencing financial hardship.
Step 5: Serve the Defendant
The defendant must be formally notified of the claim. Approved methods include:
- Personal Service: Delivered directly to the defendant by a third party over 18.
- Registered Post: In some cases, the court may allow this method.
You must file proof of service with the court to confirm the defendant was served.
Step 6: Wait for the Defendant’s Response
The defendant has 28 days to respond by:
- Filing a Defence: If they dispute your claim.
- Making Payment: To resolve the claim.
- Ignoring the Claim: You can request a default judgment if the defendant does not respond.
Step 7: Prepare for the Hearing
If the case proceeds to a hearing, you’ll need to prepare by:
- Gathering Evidence: Contracts, receipts, invoices, photos, or any relevant documents.
- Organizing Witnesses: If applicable, ensure witnesses are available to testify.
- Practicing Your Case: Be ready to explain your claim clearly and concisely.
Step 8: Attend the Hearing
- Arrive early and bring all necessary evidence.
- Present your case to the magistrate, including your evidence and any witnesses.
- The magistrate will issue a decision based on the arguments presented.
4. What Happens After the Hearing?
- If You Win: The magistrate will issue a judgment in your favor, and the defendant is required to pay.
- If Payment Is Not Made: You can take enforcement actions, such as:
- Garnishing wages.
- Seizing property.
- Placing a lien on assets.
5. Frequently Asked Questions
Q1: Can I file a small claim online in Queensland?
Yes, you can file your claim through the Queensland Courts’ eLodgment system.
Q2: Do I need a lawyer for small claims court in Queensland?
No, the process is designed for self-representation. However, you can consult a lawyer for advice if needed.
Q3: What if I don’t know the defendant’s address?
You may need to hire a private investigator or request alternative service methods through the court.
Q4: Can the defendant counterclaim?
Yes, the defendant may file a counterclaim if they believe you owe them money.
Q5: How long does the process take?
Most small claims cases are resolved within 3–6 months, depending on the complexity and court schedules.
6. Tips for Success
- Be Thorough: Ensure all forms are completed accurately.
- Stay Professional: Keep communication respectful and focused on the facts.
- Be Prepared: Gather all evidence and organize your case before the hearing.
7. Conclusion
Making a small claim in Queensland is a straightforward process designed to resolve disputes efficiently. By following the steps outlined above and preparing thoroughly, you can confidently navigate the Magistrates Court system and work toward a fair resolution.