Sued by a Contractor in Tasmania: How to Respond in Magistrates Court

The Typical Scenario

A builder, plumber, electrician or other tradesperson has sued you in the Magistrates Court of Tasmania (Civil Division) for an unpaid invoice, typically between A$3,000 and A$15,000. You believe the work was incomplete, defective, or not what you agreed to. The Claim and Notice to Defendant (Form 1) is now on your kitchen table, and you have 21 calendar days from the day after service to respond.

Decide Which Form to File

If you dispute the claim only: File Form 4 (Defence). This is free — no filing fee. Your defence must explain specifically why you dispute the amount. "The work was not done properly" is too vague. Instead: "The contractor failed to waterproof the bathroom as specified in the written quote dated [date]. I engaged another licensed plumber to complete the waterproofing at a cost of A$2,800, as shown in the attached invoice."

If you have your own claim: File Form 5 (Defence and Counterclaim). Use this when the contractor's defective work caused additional damage or costs — water damage from poor plumbing, cracking from substandard concrete, or the cost of hiring a second tradesperson to finish the job. The counterclaim portion has a filing fee of A$147.

Gathering Your Evidence

Building disputes hinge on documentation. Start collecting:

• The original quote or contract. What did the contractor agree to do, for how much?
• Photographs. Before, during and after shots of the work. Date-stamped photos from your phone are fine.
• Communications. Text messages, emails, and letters where you raised issues with the contractor or they acknowledged problems.
• Expert evidence. If the defect is technical (structural, electrical, plumbing), a written assessment from another licensed tradesperson strengthens your position significantly.
• Invoices for remedial work. If you paid someone else to fix the contractor's mistakes, those invoices become your counterclaim evidence.

Organise everything chronologically and make copies — you will need to serve evidence on the claimant and provide a set to the court at least 7 to 14 days before the hearing.

TASCAT or Magistrates Court?

Residential building work disputes under the Residential Building Work Contracts and Dispute Resolution Act 2016 can fall within TASCAT's Civil and Consumer stream. A standard unpaid-invoice or private contract claim remains within the Magistrates Court. The correct forum depends on the type of claim; if you are unsure, seek legal advice promptly and still file your Form 4 or Form 5 within the 21-day deadline.

At Conciliation

After you file your defence, the registry schedules a conciliation conference. Bring your evidence, know your numbers, and have a realistic settlement figure in mind. Many building disputes settle at conciliation because both parties can see the cost and uncertainty of proceeding to a hearing.

If the contractor did some good work and some bad, a partial settlement (paying for the satisfactory portion while disputing the defective part) is common and often the most practical outcome.

Our Responding to a Minor Civil Claim in Tasmania guide covers building and contractor disputes in detail, with an evidence organisation worksheet and a conciliation prep framework.

See more Tasmania guides →