How to Respond to a Minor Civil Claim in Tasmania
What You Just Received
The envelope contains a Claim and Notice to Defendant — officially Form 1 — filed in the Magistrates Court of Tasmania, Civil Division. It names you as the defendant in a minor civil claim worth up to A$15,000.
Before doing anything else, check three things on the document: the court registry listed in the header (Hobart, Launceston, Devonport or Burnie), the action number in the top-right corner, and the monetary amount being claimed. If you want to verify the papers are real, call the registry listed on the form and quote the action number. Staff can confirm whether an active proceeding exists.
Your 21-Day Deadline
You have exactly 21 calendar days from the day after service to file your response at the court registry. Weekends and public holidays count toward the 21 days, but if the final day falls on a weekend, public holiday or registry closure, your deadline extends to 5:00 PM on the next business day.
One critical exception: the period between 23 December and 7 January is excluded from the count entirely. If you were served just before or during that window, your effective deadline could stretch to 35 calendar days.
If you miss the deadline, the claimant can apply for default judgment. If entered, it is an administrative judgment without a hearing.
Your Four Response Options
Dispute the claim. File a Defence (Form 4) at the registry. This is free — there is no filing fee for a defence in Tasmania. You'll need to explain why you dispute the amount, not just write "I deny it." Specific facts matter.
Dispute and counterclaim. If the claimant also owes you money from the same transaction, file Form 5 (Defence and Counterclaim). The counterclaim carries a filing fee of A$147.
Admit and pay. If you accept you owe the money, pay the claimant directly (including their filing fee) and the matter closes. If you cannot pay in one sum, you can propose an instalment arrangement formalised through a Consent Order (Form 10).
Negotiate a settlement. Contact the claimant to discuss a compromise before the deadline. Formalise any agreement through a Consent Order, Consent Judgment, or Notice of Discontinuance filed at the registry — a verbal agreement or text message exchange does not close a court case.
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How to File Your Response
Print and complete the correct form (Form 4 or Form 5), then submit the original plus three copies at the registry where the claim was filed. Registry staff date-stamp and seal the documents. The registry usually serves your response on the claimant by post, though you should confirm this with staff.
Registries are open Monday to Friday, 9:00 AM to 5:00 PM. You can also email completed forms to the registry at their official @magistratescourt.tas.gov.au address, but documents emailed after 5:00 PM are stamped as received the next business day. There is no self-service online filing portal for defendants.
What Happens After You File
Once your defence is filed, the registry schedules a conciliation conference — an informal, confidential meeting where a court conciliator helps both sides explore settlement. Attendance is mandatory for both parties, and there is no fee for conciliation in minor civil claims.
If conciliation does not resolve things, the matter proceeds to a hearing before a Magistrate. In minor civil claims, legal representation is restricted under Section 31AD of the Act — you will represent yourself unless the court grants leave for a lawyer.
Don't Ignore the Papers
The single worst outcome is doing nothing. If 21 days pass without a filed response, the claimant can apply for default judgment, which registry staff enter administratively without a hearing. Enforcement — including warrants to sell property, bank account garnishee orders, and wage attachments — can begin after judgment is entered.
If you have already missed the deadline, you can apply to set aside a default judgment using Form 8, but you will need to explain why you missed it, show you have a real defence, and pay a A$49 application fee.
Our Responding to a Minor Civil Claim in Tasmania guide walks through each step from reading your papers to preparing for the hearing, with deadline trackers, filing checklists and a conciliation prep worksheet.
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