NTCAT Costs Award in Small Claims

One of the first questions people ask after being served with an NTCAT small claim is whether they could end up paying the other side's legal costs on top of the amount claimed. The short answer: NTCAT small claims operate under a different costs regime from regular courts, and the rules are more limited than most people assume.

The General Rule: No Party-Party Costs

Small claims at NTCAT are designed to be accessible and low-cost. Unlike the Local Court or Supreme Court, where the losing party can be ordered to pay the winner's legal fees, NTCAT's small claims jurisdiction does not routinely award party-party costs. You will not normally be ordered to reimburse the applicant's solicitor fees (if they had leave for legal representation) or compensate them for their time preparing the case.

This principle exists precisely because section 7 of the Small Claims Act 2016 restricts legal representation — most parties represent themselves, and a general costs regime would defeat the purpose of keeping the tribunal accessible.

Recoverable Fees Under Section 132(2)(ba)

Under section 132(2)(ba) of the Northern Territory Civil and Administrative Tribunal Act 2014, a party who has substantially succeeded can generally expect to recover application fees and necessary and reasonable fees paid to serve documents, conduct a search or obtain a similar service:

• Application fees. The application fee paid by the successful party (small claims fees range from A$129 to A$648 under the schedule effective 1 July 2026, depending on the claim amount and whether the claimant is an individual or body corporate).
• Service fees. Necessary and reasonable fees paid to serve documents.
• Search fees. Necessary and reasonable fees paid to conduct a search or obtain a similar service for the proceeding.

These expenses sit outside the A$25,000 claim ceiling — a successful applicant who proves a A$25,000 claim can also recover allowable out-of-pocket costs on top of that amount.

When NTCAT Makes a Costs Order

For costs beyond these application, service and search fees, the usual rule is that parties bear their own costs. A party seeking a different costs order generally needs to show exceptional circumstances.

What This Means for Respondents

As a respondent, the usual rule is that you pay your own costs. If you lose, NTCAT can generally order you to repay the successful applicant's application fee and necessary and reasonable service or search fees if they prove those fees were incurred. Other costs, including legal representation, are not routinely awarded and generally require exceptional circumstances.

If you win and the claim against you is dismissed, you can ask NTCAT to order the other party to reimburse your application fee and any necessary and reasonable service or search fees you paid.

The more important financial risk is the claim itself, not the costs. A A$15,000 dispute with a few hundred dollars in allowable costs is still overwhelmingly about the A$15,000.

Keep Records of Your Expenses

Keep receipts for fees you pay in connection with the NTCAT proceeding. If you succeed, receipts for your application fee and necessary and reasonable service or search fees can support a costs request.

For the full process of responding to an NTCAT small claim — including how costs work within the broader hearing and post-decision framework — the NTCAT Response Guide covers each stage step by step.

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