Monetary claim for debt or damages
General Procedure Claim
Deals with claims for debt or damages up to $75,000.
In this jurisdiction a lawyer can represent you. However, if the amount being claimed is for $10,000 or less you may only recover allowable costs as prescribed under the Magistrates Court (Civil Proceedings) Act 2004 unless the Court orders otherwise.
Proceedings are formal
If the claim is disputed and you proceed to trial, there will be a requirement for you to attend either or all the following:
- pre-trial conference
- status conference and/or
- mediation conference.
See Fact Sheet: No. 2 - How to Commence a General Procedure Claim.
Minor Case Claim
Deals with claims for debt or damages up to $10,000.
If you make a claim under this procedure a lawyer cannot represent either party, unless the court grants permission, due to special circumstances.
Proceedings are less formal than a general procedure claim.
When the defendant lodges a notice of intention to defend, the case will be automatically listed for a status conference.
At a status conference, the court will attempt to bring the parties to a settlement. If the case cannot be settled, it may proceed to trial.
See Fact Sheet: No. 3 - How to Commence a Minor Case Claim.
See Magistrates Court (Civil Proceedings) Forms.
Last updated: 28 April 2025