How to File a Minor Civil Claim in Tasmania

Owed money in Tasmania and the other side won't pay? The Magistrates Court of Tasmania (Civil Division) handles minor civil claims up to $15,000 — and the process is designed for people without lawyers.

Where You File and What Counts as a Minor Civil Claim

Minor civil claims cover debts, unpaid invoices, property damage, unreturned deposits and breach of contract up to $15,000. The $15,000 cap comes from the Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023 (SR 2023-077), which replaced the old $5,000 limit in December 2023.

If your claim exceeds $15,000 but you want to use the simpler minor civil process, you can abandon the excess under Rule 31 of the 1998 Rules — though you permanently give up the amount above $15,000.

Claims that involve title to land, defamation or matters reserved for TASCAT (guardianship, anti-discrimination, residential parks) don't belong here.

You file the claim at one of four Magistrates Court registries: Hobart (23–25 Liverpool Street), Launceston (73–76 Charles Street), Devonport (8 Griffith Street) or Burnie (38 Alexander Street). Under Rule 30, an undefended action stays in the registry where it began; if defended, the court lists the first directions hearing at the court closest to where the defendant resides or the cause of action arose.

The Filing Steps

1. Send a letter of demand. Not technically mandatory, but practically essential. Give the other side 14 to 21 days to pay before you file. A formal demand often settles the matter and protects you from cost arguments later.

2. Identify the correct legal entity. An individual is sued by their full legal name. A sole trader is sued as "John Smith trading as Smith's Plumbing" — run an ABN Lookup at business.gov.au. A company is sued by its registered name plus ACN from the ASIC register.

3. Complete Form 1 (Claim and Notice to Defendant). Fill in the party details, write concise particulars of claim covering what happened and how you calculate the amount, and list the remedy you want (principal sum, pre-judgment interest if applicable, filing fee).

4. Lodge the form plus three copies at the registry with the filing fee. For claims up to $5,000 the fee is $147; for $5,001 to $15,000 it's $284.20 (2026/2027 fee schedule, based on the $1.96 fee unit). The registry stamps your copies and gives you a matter reference number.

5. Serve the defendant. You have 12 months from filing. Valid methods: personal service (handing the sealed copy to the defendant), registered post, or a court bailiff. Standard email and ordinary post are not valid.

6. File proof of service. Complete Form 3 (Affidavit of Service) sworn before a JP, or the court issues a Certificate of Service if a bailiff served it.

After You File

The defendant gets 21 days after service to respond — by paying, admitting the claim, filing a defence (Form 4) or doing nothing. Days from 23 December through 7 January are not counted toward the defence deadline.

If they do nothing, you can apply for default judgment. For a specific debt amount, the registrar processes it without a hearing. A property repair or loss claim can also be entered without an assessment hearing if you served the supporting evidence with the claim; other damages claims that need assessing are set down for a short hearing.

If a defence is filed, the court schedules a compulsory conciliation conference. Both sides must attend. If conciliation fails, the matter moves to a hearing where you present your evidence bundle.

In minor civil claims, legal representation is restricted — you generally represent yourself. The magistrate isn't bound by strict evidence rules and decides on the balance of probabilities.

What You Can and Can't Recover

A successful claimant gets the principal sum plus filing fees and process server costs. Lawyer fees are generally not recoverable in minor civil claims under Section 31AF of the 1992 Act. Pre-judgment interest can be awarded under Section 25 if you asked for it in your claim form.

Winning a judgment doesn't automatically collect the money. If the other side doesn't pay, enforcement options — garnishee orders, warrants to seize property, oral examinations — are covered in our Tasmania judgment enforcement guide.

Time Limits

Under the Limitation Act 1974 (Tas), you have six years for breach of contract, unpaid debts and property damage claims. Three years for personal injury (with special rules). The clock starts when the breach happened or the damage occurred, and sending a demand letter does not pause it.

The complete step-by-step process, with form-filling instructions, a deadline calendar and evidence checklists, is covered in our Tasmania minor civil claim guide.

See more Tasmania guides →