Small Claims Court Canberra — How ACAT Civil Disputes Work in the ACT

Canberra does not have a standalone small claims court. If you have a civil dispute worth up to $25,000 — unpaid invoices, defective goods, property damage, broken contracts — it goes to the ACT Civil and Administrative Tribunal, known as ACAT. The process is less formal than a regular court, but it carries real consequences: binding orders, enforceable costs, and default judgments if you ignore the paperwork.

What ACAT Handles (and What It Does Not)

ACAT's civil dispute list covers most money claims between individuals or businesses in the Australian Capital Territory. That includes breach of contract, damage to property, negligence, recovery of personal goods, and debts owed between private parties.

There are boundaries. Residential tenancy disputes — bond returns, rent arrears between current landlord and tenant — run through ACAT's separate tenancy list under the Residential Tenancies Act 1997, with different forms and fee structures. Commercial lease disputes go to the ACT Magistrates Court. So do Fair Work and industrial claims. Consumer credit and debt-collector lawsuits have their own statutory regimes.

If your dispute exceeds $25,000, you have two routes into ACAT: abandon the excess under section 20 of the ACAT Act (you give up the amount above $25,000 permanently), or get both parties to sign a written agreement under section 21 allowing ACAT to hear the full amount. Otherwise, the ACT Magistrates Court handles claims up to $250,000.

How a Civil Dispute Moves Through ACAT

The applicant files a civil dispute application and pays the filing fee. ACAT serves the papers on the respondent, who usually has 21 days to lodge a response using Approved Form AF2021-29. Check the due date in ACAT's correspondence. When calculating the 21-day period, the day after receipt is day 1; weekends and public holidays count, and if day 21 falls on a non-business day, the deadline moves to 4:30 PM on the next business day.

ACAT lists the matter for an initial Directions Hearing on a date after the response due date. A Member or Registrar reviews the claims, identifies the real issues, and decides the next step: consent orders if the parties settle, referral to mediation or a conference, or procedural directions setting a timetable for evidence exchange before a final hearing.

The final hearing itself is less formal than a courtroom trial. No wigs, no rigid rules of evidence — but you still need organised documents, clear chronologies, and any supporting photos or expert reports. The Member makes a binding decision and can order costs against either party.

Filing Fees and Exemptions

Filing fees are set by the Court Procedures (Fees) Determination 2026 and depend on the claim value and whether the applicant is an individual or corporation. Responding to a claim (Sections A and B of AF2021-29) is free. Filing a counterclaim (Section C) incurs a fee scaled to the counterclaim amount.

Primary cardholders (not dependants) of a Services Australia Health Care Card, Low Income Health Care Card, or Pensioner Concession Card are exempt from ACAT fees if they submit a fee exemption request with evidence of the card. Applicants facing financial hardship can request a fee waiver using the Request about payment of fees form.

What Happens if You Do Not Respond

If the respondent does not file AF2021-29 by the due date and does not appear at the Directions Hearing, the tribunal can proceed in their absence. The applicant's claims go unchallenged, and ACAT can make final orders for the full amount plus interest and filing fees at the Directions Hearing without hearing from the respondent.

Getting a default order set aside later is possible under ACAT's rules, but it requires a formal application, an explanation for the missed deadline, and evidence that you have a defence worth hearing. It is far simpler to respond on time.

Where to Get Help

Free legal guidance is available through Legal Aid ACT (1300 654 314), the Canberra Community Law clinics, and the Conflict Resolution Service for mediation before or alongside tribunal proceedings. The ACT Law Society's Legal Advice Bureau offers brief diagnostic sessions for a nominal fee.

For a complete walkthrough of the response process — from verifying your papers through the hearing and beyond — the ACAT Response Guide covers every step, deadline, and form in plain language.

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