How to Sue Someone in Tasmania

Somebody owes you money in Tasmania and won't pay. You've asked nicely, maybe sent angry texts, possibly waited months hoping they'd do the right thing. At some point the question shifts from "will they pay" to "how do I make them pay through the court."

Check Whether You Can File

Before anything else, confirm three things:

1. Is the amount $15,000 or less? That puts you in the minor civil claims stream of the Magistrates Court of Tasmania (Civil Division) — simpler procedures, restricted legal representation, lower fees. Above $15,000 and up to $50,000 is the general civil division with formal rules. Above $50,000 is the Supreme Court.

2. Are you within the time limit? The Limitation Act 1974 (Tas) gives you six years for breach of contract, unpaid debts and property damage claims. Three years for personal injury. For a contract or debt claim, the clock starts when the breach occurs or payment falls due; for property damage, it starts when the damage occurs, not when you notice it.

3. Is the Magistrates Court the right forum? Rental bond disputes go through the Residential Tenancy Commissioner (RTC) at CBOS first. Building disputes may need CBOS dispute resolution steps before court. Workers' compensation, defamation and title to land don't belong in the minor civil stream.

The Process in Order

Send a letter of demand. Not legally required, but practically essential. State the amount, the basis for the debt, a 14-to-21-day payment deadline and a clear statement that you'll file court proceedings if they don't pay. Send by registered post.

Identify the correct defendant. The court needs the legal entity. For a sole trader, run an ABN Lookup to find their legal name. For a company, pull the ASIC register for the full registered name and ACN. Getting this wrong means your judgment might be unenforceable.

File Form 1 (Claim and Notice to Defendant). Complete the form with party details, clear particulars of claim and the amount. Lodge the original plus three copies at your nearest registry — Hobart, Launceston, Devonport or Burnie — with the filing fee ($147 for claims up to $5,000; $284.20 for $5,001 to $15,000).

Serve the defendant within 12 months. Personal service, registered post or a court bailiff. Then file Form 3 (Affidavit of Service) sworn before a JP.

Wait 21 days after service. Days from 23 December through 7 January are not counted toward the defence deadline. If they don't respond, apply for default judgment. If they file a defence, the court schedules a compulsory conciliation conference.

Attend conciliation. Bring your evidence — contracts, invoices, photos, correspondence. Many claims settle here. If they don't, the matter proceeds to a hearing.

Present your case at the hearing. You represent yourself (legal representation is restricted in minor civil claims). The magistrate decides on the balance of probabilities.

Suing a Contractor Specifically

Contractor disputes — unreturned deposits, abandoned renovations, defective work — are among the most common minor civil claims in Tasmania. A few specifics:

• For building disputes, check whether CBOS requires you to attempt their dispute resolution process first
• Name the contractor correctly: if they're a sole trader, it's "Jane Smith trading as Smith's Renovations," not just "Smith's Renovations"
• Get at least two independent repair quotes if you're claiming the cost of fixing defective work — the magistrate will want to see that your claimed amount is reasonable
• Photograph the defective work with dates visible, and keep all written communications (texts, emails, quotes)

After Judgment

Winning doesn't mean collecting. If the defendant doesn't pay voluntarily, you'll need to pursue enforcement — garnishee orders, warrants to seize property, oral examination of the defendant's finances. That's a separate process covered in our Tasmania judgment enforcement guide.

For the complete filing process with form instructions, deadlines and checklists, see our Tasmania minor civil claim guide.

See more Tasmania guides →