1. What Is Small Claims Court in NSW?
The Small Claims Division of the NSW Local Court handles disputes involving amounts up to $20,000. It is a simplified process designed to resolve minor civil disputes efficiently, without the need for extensive legal representation.
2. Types of Cases Handled in NSW Small Claims Court
Small Claims Court in NSW primarily deals with:
- Unpaid debts or loans.
- Breach of contract claims.
- Faulty goods or services.
- Property damage claims (e.g., vehicle accidents).
- Unreturned security deposits.
3. Steps to File a Case in NSW Small Claims Court
Step 1: Check Jurisdiction and Eligibility
- Monetary Limit: Claims must not exceed $20,000.
- Type of Claim: Ensure your dispute involves a civil matter suitable for small claims.
Step 2: Send a Letter of Demand
Before filing a claim, send a Letter of Demand to the other party. This document outlines:
- The amount you are claiming.
- The reasons for your claim.
- A deadline for payment (usually 14–28 days).
Step 3: File Your Claim
If the demand is not met, you can file a claim with the NSW Local Court.
- Complete the Claim Form: Use the Statement of Claim (Form 3A) available online or at the courthouse.
- Include details about the dispute and the amount sought.
- Submit the Form:
- File in person at your local court registry.
- File online using the NSW Online Registry.
- Pay the Filing Fee:
- Fees vary based on the claim amount:
| Claim Amount | Filing Fee |
|---|---|
| Up to $10,000 | $104–$125 |
| $10,001–$20,000 | $190–$229 |
Fee waivers are available for eligible individuals based on financial hardship.
Step 4: Serve the Defendant
After filing your claim, the defendant must be served with court documents, including:
- A copy of the Statement of Claim.
- Instructions for filing a defence.
Approved service methods include:
- Personal Service: Delivered directly to the defendant.
- Registered Mail.
Step 5: Wait for the Defendant’s Response
The defendant has 28 days to respond by either:
- Filing a Defence: Disputing your claim.
- Paying the Amount Claimed: Resolving the matter.
- Ignoring the Claim: You can request a default judgment if the defendant does not respond.
Step 6: Attend the Hearing
If the case proceeds to a hearing:
- Present Your Case: Include evidence such as contracts, receipts, or photos.
- Witnesses: Bring witnesses who can support your claim, if applicable.
The court will issue a decision after hearing both sides.
4. Costs of Filing a Small Claim in NSW
| Service | Cost |
|---|---|
| Filing Fee | $104–$229 |
| Service Fee (Process Server) | $50–$120 |
| Default Judgment Fee | $65–$130 |
5. Frequently Asked Questions
Q1: Can I represent myself in Small Claims Court?
Yes, Small Claims Court is designed for self-representation, though you can consult a lawyer for advice.
Q2: What happens if the defendant doesn’t pay after the judgment?
You can enforce the judgment through:
- Wage garnishment.
- Bank account seizure.
- Property liens.
Q3: How long does the process take?
Most small claims cases are resolved within 3–6 months, depending on complexity and court schedules.
Q4: Can I appeal the court’s decision?
Yes, but appeals are typically limited to cases involving legal errors, not factual disagreements.
Q5: What if I don’t know the defendant’s address?
You may need to hire a private investigator or request court approval for alternative service methods.
6. Tips for Success in NSW Small Claims Court
- Prepare Thoroughly: Organize all evidence and documents before filing.
- Be Professional: Present your case clearly and respectfully in court.
- Communicate Early: Try to resolve the issue with the other party before proceeding to court.
7. Conclusion
The NSW Small Claims Court provides an accessible way to resolve disputes up to $20,000. By following the steps outlined above and preparing thoroughly, you can navigate the process with confidence and work toward a fair resolution.