ACAT Claims by Sole Traders and Against Companies in the ACT

Sole traders and small business owners are some of the most frequent ACAT applicants — an unpaid invoice, a client who vanished after receiving goods, a supplier who delivered defective materials. The filing process is the same as any other ACAT civil dispute, but two things trip up business claimants more than anyone else: naming the respondent correctly and understanding how filing fees work for corporate applicants.

Naming the Respondent: ABN, ACN, and Trading Names

This is where most business-to-business ACAT claims run into trouble. A trading name is not a legal entity. You cannot sue "Canberra Plumbing Services" — that name has no independent legal personality and cannot be the subject of an enforceable order.

Before filing, you need to identify the legal person or entity behind the business name:

Sole trader: Search the ABN Lookup (abr.business.gov.au) for the trading name. If the ABN is registered to an individual, name them personally — "John Citizen trading as Canberra Plumbing Services." Serve the application at their residential address, not a PO Box or commercial premises.

Company (Pty Ltd): Search the ASIC register (connectonline.asic.gov.au) using the business name or ABN. The search returns the company's full registered name, ACN, and registered office address. Name the company exactly as registered — "Apex Building Solutions Pty Ltd ACN 123 456 789." Serve at the registered office address shown on ASIC, which might differ from the address on their invoices.

Partnership: Name every individual partner — "Jane Doe and Richard Roe trading as Capital Consultants." You cannot name just the partnership name. If the partnership has many partners, check the partnership agreement or ABN records to identify them.

Getting the name wrong does not just delay your case — ACAT may reject the application at registry review, or you may obtain an order against an entity that does not legally exist, making it unenforceable.

Filing a Claim as a Sole Trader

As a sole trader, you file in your own name. You are an individual in the eyes of the tribunal, and you pay individual filing fees:

• Claims up to $3,000: $93
• Claims $3,001–$15,000: $195
• Claims $15,001–$25,000: $707

These are the DI2026-112 rates for natural persons. Your ABN and trading name go in the applicant details section of the Civil Dispute Application, but you are the legal applicant.

The most common sole trader claims at ACAT are unpaid invoices, incomplete contractor work, and deposit recovery. For an unpaid invoice, your evidence package should include the signed contract or scope of work, the tax invoice with payment terms, proof of delivery or completion (photos, emails, sign-off), your letter of demand, and bank records showing non-payment.

Filing a Claim as a Company

If your business is a Pty Ltd company, the filing fees are higher:

• Claims up to $3,000: $185
• Claims $3,001–$15,000: $392
• Claims $15,001–$25,000: $1,415

However, if your company had a gross turnover of less than $200,000 in the preceding financial year or is a registered non-profit, you can apply for the individual fee rate. You will need to lodge a Statement as to Nature and Turnover of a Corporation form with your application, supported by financial records showing the turnover figure.

A company cannot represent itself at ACAT in the same way an individual can. You need to file an Authority to Act for a Corporation form nominating a director, officer, or employee to appear on the company's behalf. That person presents the case at the preliminary conference and, if needed, the hearing.

Interest on Unpaid Invoices

If your claim is for an unpaid debt, you can claim pre-judgment interest from the date the invoice was due until the date ACAT makes its order. The statutory rate is the RBA cash rate plus 4% per annum (8.35% for the second half of 2026). You calculate it on a daily simple interest basis and lodge a Statement of Interest Claimed — Civil Dispute form with your application.

If your contract specifies a different interest rate for late payment, attach the contract and claim the contractual rate instead. Contractual rates override the statutory formula.

Common Pitfalls for Business Claims

Suing the wrong entity. A business changed its structure from sole trader to Pty Ltd partway through the contract. Check which entity signed the contract and issued the invoices — that is your respondent.

Stale claims. The standard limitation period is 6 years from when the debt became due. If you have old invoices approaching that mark, file promptly — a letter of demand does not pause the clock.

Inactive proceedings. ACAT proceedings that remain inactive without procedural steps or compliance for 6 months automatically lapse. Follow ACAT's directions and keep track of the steps due in your matter.

Mixing personal and business debts. If you lent money to a friend as an individual but are now trying to claim as your business, the mismatch will be challenged. The applicant must be the party who actually suffered the loss or is owed the debt.

The ACAT Civil Dispute Claim Guide includes a demand letter worksheet, an evidence index template, and an interest calculator tailored to the ACT's statutory rates — useful whether you are chasing a single unpaid invoice or a series of incomplete deliveries.

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