Tasmania Minor Civil Claim Limit

If you're checking whether your dispute fits in Tasmania's minor civil claims stream, the answer comes down to one number and a regulation that changed it in late 2023.

The Current Limit: $15,000

The Magistrates Court of Tasmania (Civil Division) hears minor civil claims up to $15,000. This limit was set by the Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023 (SR 2023, No. 77), which commenced on 10 December 2023.

Before that date, the cap was $5,000 — and plenty of older web pages, government PDFs and legal blogs still cite the old figure. If a source says Tasmania's minor civil limit is $5,000, it predates December 2023 and is wrong.

What the Minor Civil Pathway Gives You

Claims under $15,000 go through a simpler process than the general civil division:

• Self-representation is the default. Under Section 31AD of the 1992 Act, lawyers are restricted unless the other side is a lawyer, both sides agree, or the court grants special leave.
• Relaxed evidence rules. The magistrate isn't bound by formal evidence rules and can inform themselves as they see fit (Section 31AC).
• Limited cost recovery. You can generally recover filing fees and process server costs, but not solicitor fees (Section 31AF). The same restriction generally applies if you lose; a rare exception applies when the court formally permits legal representation and a lawyer conducts the trial.
• Compulsory conciliation. If the other side files a defence, the court schedules a conciliation conference before any hearing.

The filing fee is $147 for claims up to $5,000 and $284.20 for claims between $5,001 and $15,000 (2026/2027 schedule).

What If Your Claim Exceeds $15,000?

You have three options:

1. Abandon the excess. Rule 31 of the Magistrates Court (Civil Division) Rules 1998 lets you limit your claim to $15,000 and permanently surrender the rest. If your actual loss is $18,000, you file for $15,000 and accept losing $3,000 to use the minor civil process — cheaper, faster, no lawyers on the other side.

2. File in the general civil division. Claims between $15,001 and $50,000 go through the Magistrates Court's general civil pathway with formal pleadings, standard evidence rules and unrestricted legal representation.

3. File in the Supreme Court. Claims above $50,000 go to the Supreme Court of Tasmania unless both parties consent in writing to Magistrates Court jurisdiction under Section 11 of the 1992 Act.

One thing you can't do: split a single cause of action into two claims to stay under $15,000. Rule 27 expressly prohibits claim splitting.

Subject-Matter Exclusions

The $15,000 cap is necessary but not sufficient. Certain types of disputes can't be brought as minor civil claims regardless of amount:

• Title to land (outside specific boundary disputes)
• Defamation (libel and slander)
• Complex equity matters reserved for the Supreme Court
• Workers' compensation and professional disciplinary proceedings
• Matters within TASCAT's exclusive jurisdiction (guardianship, anti-discrimination, residential parks, resource management)

Rental bond disputes go through the Residential Tenancy Commissioner (RTC) at CBOS first — you only come to the Magistrates Court to appeal an RTC determination or to file a separate tenancy damages claim.

For the full process of filing a claim within the $15,000 limit, see our Tasmania minor civil claim guide.

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