How to Sue Someone in the ACT: Canberra Small Claims Court Guide

The ACT does not have a "small claims court." If you want to sue someone in Canberra for a civil debt, unpaid invoice, property damage, or breach of contract, you file through the ACT Civil and Administrative Tribunal — ACAT. It handles civil disputes up to $25,000, and most people go through the entire process without a lawyer.

ACAT Is the ACT's Small Claims Forum

ACAT operates under the ACT Civil and Administrative Tribunal Act 2008 and shares the civil jurisdiction that the ACT Magistrates Court holds under Part 4.2 of the Magistrates Court Act 1930. The practical effect: a general civil money claim of $25,000 or less goes to ACAT, not the Magistrates Court. Section 266A of the Magistrates Court Act 1930 prevents the Magistrates Court from hearing claims under $25,000 unless a judge orders a transfer.

If your claim is between $25,001 and $250,000, it generally goes to the ACT Magistrates Court; over $250,000 goes to the ACT Supreme Court. If your claim is slightly over $25,000, you can abandon the excess on the application form and stay in ACAT — though that permanently gives up the abandoned amount — or all participating parties can agree in writing for ACAT to decide the full amount.

The Steps to Sue Someone Through ACAT

The process follows a fixed sequence, and skipping a step risks delays or rejection.

1. Send a letter of demand. ACAT expects you to attempt resolution before filing. Write a formal letter that names both parties, describes the dispute, states the exact amount owed, attaches supporting documents (invoices, contracts, photos), and gives the other side 14 days to respond. Keep the tone factual — aggressive language undermines credibility if the letter is later shown at a hearing.

2. File a Civil Dispute Application. You can lodge online through the ACAT website or file in person at 15 Moore Street, Canberra City. Email filings to [email protected] are accepted only when no filing fee is payable, the documents total less than 40 pages, and there are fewer than three attachments. Filing fees under the Court Procedures (Fees) Determination 2026 (DI2026-112) are:

• Claims up to $3,000: $93 for individuals, $185 for corporations
• Claims $3,001–$15,000: $195 for individuals, $392 for corporations
• Claims $15,001–$25,000: $707 for individuals, $1,415 for corporations

Corporations with turnover under $200,000 in the preceding financial year or registered not-for-profits can apply for the individual rate by lodging a Statement as to Nature and Turnover of a Corporation with their application.

If you are the primary cardholder named on a Health Care Card, Low Income Health Care Card, or Pensioner Concession Card, you can apply for a fee exemption.

3. Service. ACAT generally serves the application on the respondent by prepaid post. If you choose to serve the application yourself, follow ACAT's service requirements and file an Affidavit of Service to prove delivery.

4. Wait for the response. The respondent has 21 days to file a Response — Civil Dispute form. They might dispute your claim, admit part of it, or file a counterclaim against you.

5. Attend the initial Directions Hearing. ACAT lists this hearing after the response due date. The Member or Registrar clarifies the issues, explores settlement, and sets procedural directions. ACAT may then list a conference, conference and evaluation, or conference and immediate determination, depending on the case. For a Conference and Evaluation, prepare the shared Summary Statement and private Statement to the Convenor.

6. Go to a hearing if needed. If a conference does not resolve the dispute, ACAT may list the matter for a hearing. You present your evidence — contracts, invoices, photos, bank statements — and explain your case. ACAT's proceedings are less formal than a courtroom, but you still need organised documents and a clear chronology.

7. Get the order and collect. If ACAT rules in your favour, you receive a written order. If the other party does not pay, enforcement through the ACT Magistrates Court can include garnishee orders or seizure and sale through the Court Sheriff.

What You Cannot Sue for at ACAT

ACAT's civil disputes division does not cover everything. Residential tenancy disputes (bonds, evictions, rent) go to ACAT's separate Residential Tenancies Division under the Residential Tenancies Act 1997. Employment disputes go to the Fair Work Commission. Commercial lease disputes go to the ACT Magistrates Court. Personal protection orders are handled by the Magistrates Court under the Personal Violence Act 2016.

Territorial Connection

Your claim needs a link to the ACT. Either the respondent is an ACT resident when the application is served, or a material part of the claim happened here and the application was served outside the ACT — for example, the contract was made in Canberra, the work was done in the ACT, or the damaged property is located in the territory.

Time Limits

The standard limitation period for contract and tort claims is 6 years under the Limitation Act 1985. After that, the respondent has a complete defence. Sending a letter of demand does not pause the clock — the limitation period stops only when ACAT formally accepts a valid application.

If proceedings are inactive without procedural steps or compliance for 6 months, they automatically lapse. Follow ACAT's directions and keep track of the steps due in your matter.

Getting Help

If you need free legal advice before filing, Care Consumer Law runs a duty lawyer at ACAT every Monday. Legal Aid ACT offers telephone advice (means-tested). Canberra Community Law focuses on social housing and disability rights. The Conflict Resolution Service provides mediation that can sometimes resolve a dispute without a tribunal application at all.

For a structured walkthrough of the entire ACAT filing process — from drafting your letter of demand through to the hearing — the ACAT Civil Dispute Claim Guide pulls the forms, fees, service rules, and deadlines into a single step-by-step sequence.

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