$0 ACT ACAT Civil Dispute Filing Checklist

ACAT Contractor Disputes, Unpaid Invoices, and Consumer Claims: Common Dispute Types

ACAT's civil disputes division handles a wide range of claims up to $25,000, but the procedural details shift depending on what type of dispute you're bringing. A contractor who walked off with your deposit is a different preparation exercise than a consumer refund claim or a property damage dispute, even though all three go through the same application form.

Contractor Disputes and Building Claims

A contractor takes a $6,000 deposit for kitchen renovations, does partial or no work, and stops returning calls. This is one of the most common ACAT civil disputes in the ACT.

Your claim is against the contractor's legal entity — not the business name. If they're a sole trader, you need the individual's full name behind the trading name (run an ASIC Business Name Search). If they're a Pty Ltd company, you need the full registered company name and ACN or ABN.

For building defects where work was completed but poorly, ACAT requires both parties to complete a Scott Schedule — a structured table listing each defect, your remedy and cost, and the contractor's response. Get independent repair quotes before filing. Two quotes are stronger than one.

Filing fee for a $6,000 claim: $392 (individual, Tier 2).

Unpaid Invoices and Debt Recovery

Sole traders and freelancers chasing unpaid commercial invoices make up a significant share of ACAT filings. A graphic designer with a $4,500 overdue invoice, an IT consultant with three months of unpaid work — the claim type is debt recovery.

Attach the original contract or written agreement, the invoice(s) with due dates, and proof of delivery of the goods or services. If you're also claiming interest on the unpaid amount, lodge a Statement of Interest Claimed with your application showing the daily calculation.

The respondent may file a defence disputing the quality of your work. Come prepared with emails or messages confirming the client accepted the deliverables, or evidence of their ongoing use of what you provided.

Consumer Disputes and Refund Claims

Bought a product that's defective? Paid for a service that wasn't delivered as promised? Australian Consumer Law guarantees under the Competition and Consumer Act 2010 apply regardless of what the seller's "no refund" sign says. ACAT can order a refund, replacement, or compensation for goods and services that fail consumer guarantees.

The key distinction: consumer guarantees apply when you buy from a business (a retailer, service provider, or licensed dealer). Private sales between individuals don't carry the same automatic protections — you'd need to prove fraud, misrepresentation, or breach of an express contractual term.

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Used Car Defects

A used car bought from a licensed dealer that breaks down due to a pre-existing fault is a consumer guarantee claim. A used car bought privately does not carry the same automatic consumer guarantees; a claim may instead rely on another legal basis, such as misrepresentation.

Gather the original advertisement (screenshot it before it's deleted), all text message exchanges with the seller, a mechanical inspection report documenting the defect, and repair quotes.

Property Damage and Neighbour Disputes

A neighbour's tree falls on your shed. Water damage from a neighbouring property's burst pipe. These are tort claims — negligence, nuisance, or trespass — heard by ACAT's civil disputes division.

Note the distinction: if your dispute is specifically about dividing fence replacement costs, that goes through ACAT's separate Fence Disputes list under the Common Boundaries Act 1981, which requires a "Notice to Discuss Fence" before filing. Actual property damage from a neighbour's negligence stays in civil disputes.

Attach dated photographs, an arborist or engineer's report if relevant, and at least two independent repair quotes.

What ACAT Doesn't Handle

Residential tenancy disputes (bond, eviction, repairs) go to ACAT's tenancy division — different forms, different process. Commercial lease disputes go to the Magistrates Court. Employment claims go to the Fair Work Commission. Personal protection orders are Magistrates Court only.

The ACAT civil dispute guide maps every common dispute type to the correct forum and walks through the specific evidence and preparation needed for each.

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