In Tasmania, unpaid invoices of $15,000 or less are claimed as a minor civil claim in the Civil Division of the Magistrates Court, and debts from $15,001 to $50,000 as a civil claim. From 1 July 2026 the filing fee is $147 for claims up to $5,000 and $284.20 above that. You file the Claim form and Notice to Defendant at a court registry, serve it on the debtor, then wait 21 days. If they do not lodge a defence, you can file for default judgment. If they defend a minor civil claim, it generally goes to a conciliation conference. Tasmania has no small business commissioner, but the state's Small Business Advocate offers free help with disputes involving larger businesses, councils and state agencies.
General information only, not legal or financial advice. Every business and every debt is different. For advice on your situation, talk to a lawyer or your accountant. Help with unpaid invoices varies by state. The small business commissioners in NSW, Victoria and South Australia, and the Small Business Development Corporation in Western Australia, offer dispute help that can include low cost mediation. In Queensland, the commissioner does not provide dispute resolution for unpaid business-to-business invoices. Tasmania, the ACT and the Northern Territory do not have a small business commissioner. No commissioner can make a customer pay. A binding order generally needs a court or tribunal.
Step by step
- 1
Send a clear final notice first
The court process does not start with a notice form in Tasmania, but a written final demand gives the debtor a last chance to pay and becomes evidence of what you asked for and when. State the amount, the invoices, a firm date and that you will file a claim in the Magistrates Court if it is not paid. Only say you will file if you mean it.
- 2
Check whether the Small Business Advocate can help
Tasmania does not have a small business commissioner. The Small Business Advocate, in the Office of the Coordinator-General, is a free single point of contact that helps small businesses try to resolve disputes with larger businesses, state government agencies and local councils. It cannot order anyone to pay.
- 3
Get the debtor's exact legal details
The court says you must correctly identify the party, using the registered name and the ABN or ACN for registered companies and businesses. Check the ASIC registers and ABN Lookup before you fill in the form. A claim against the wrong entity can waste your fee and your time.
- 4
Complete and file the Claim form
Fill in the Claim form and Notice to Defendant, setting out the facts and circumstances you rely on, clearly and in as much detail as possible. File the original and three copies at a Magistrates Court registry (Hobart, Launceston, Devonport or Burnie) and pay the filing fee. The registry keeps one and returns three copies to you.
- 5
Serve the claim on the debtor
Serve the Claim and Notice to Defendant on each defendant in person (you or anyone over 18), by registered post with a lodgement receipt and delivery confirmation, or through a process server. The person who serves it completes an affidavit of service, with the postal receipts attached if you used registered post.
- 6
Wait 21 days, then go back to the registry
After 21 days from service, return to the registry with your copy of the claim and the affidavit of service and ask what the debtor has done. They may have paid, offered a settlement, lodged a defence (perhaps with a counterclaim) or ignored it.
- 7
Settle, conciliate or take default judgment
If you agree a settlement, put it in writing, and both sign a Consent Order form so it can be enforced if broken. If a minor civil claim is defended, the matter generally goes to a conciliation conference, and to trial before a magistrate if it does not settle. If no defence is lodged within 21 days, file a Default Judgment Form with your original claim and affidavit of service.
- 8
Enforce the judgment if they still do not pay
The court does not collect for you. The main options are a warrant to sell property, carried out by a bailiff, and a garnishee order over the debtor's wages or bank account. An oral examination lets you question the debtor about their means, and the court can order payment by instalments.
What else to know
At a glance: Tasmania
These are the key figures from the Magistrates Court of Tasmania, Tasmanian legislation and Tasmania Legal Aid, checked 10 November 2026. Court fees are indexed each 1 July, when the fee unit changes (it is $1.96 from 1 July 2026).
Minor civil claim or civil claim?
Since 10 December 2023, the Minor Civil Claims Regulations set the minor civil claim limit at $15,000. A minor civil claim is designed for people running their own case. The court says there are no legal costs because parties must represent themselves, although a party can ask permission to have a lawyer in special circumstances. The magistrate may award a successful party nominal witness fees and expenses, but the court does not generally compensate you for your own time preparing or running the case. From $15,001 to $50,000 you file a civil claim, and a defended civil claim generally goes to a directions hearing instead of conciliation. If your debt is only just over $15,000, think about whether the simpler process is worth more to you than the amount above the limit, and get advice if you are unsure.
What it costs (fees from 1 July 2026)
Tasmanian court fees are set in fee units, so they rise each 1 July. Fees can be paid in person at a registry by cash, debit card, cheque or money order, by post with a cheque or money order made payable to the Magistrates Court of Tasmania, or by phone with a debit card. The registrar can waive, reduce, refund or postpone a fee in cases of undue hardship.
No small business commissioner, but there is free help
Unlike New South Wales, Victoria, South Australia and Western Australia, Tasmania has no small business commissioner with a mediation service for unpaid invoices. The Small Business Advocate sits in the Office of the Coordinator-General and works to help small businesses resolve disputes with larger businesses, state government agencies and local councils, free of charge. For other business disputes, the Department of Justice points to the Magistrates Court and the Tasmanian Civil and Administrative Tribunal (TASCAT). The federal Small Business Ombudsman's dispute support tool can also point you to the right service. For free legal information, Tasmania Legal Aid's Legal Help line is 1300 366 611.
Before you file: build a tidy evidence file
Your Claim form must set out the facts you rely on, so do the work first. Gather the quote or contract and proof the customer accepted it, the invoices, delivery or completion records, every reminder and your final notice, and notes of calls and promises to pay. Put them in date order. If you serve by registered post, keep both the lodgement receipt and the delivery confirmation, because they must be attached to your affidavit of service.
Settling along the way
Many debtors pay or offer to settle once they are served. If you reach a deal, write it down as a settlement agreement that you both sign and date. To make it enforceable, you can both complete a Consent Order form and file it at the registry, which turns the agreement into a court order. If the debtor then misses a payment, you can enforce the order instead of starting again.
Interest on the debt
If your terms of trade set an interest rate on overdue invoices, include that interest in your claim and show the calculation. If nothing was agreed, check with the registry or a lawyer what the court may allow before you add any. Read our guide on charging interest for the difference between an agreed contract rate and a court rate, and use the late payment interest calculator to work out the amount.
Getting paid after judgment
A judgment does not put money in your account. A warrant to sell property lets a bailiff or assistant bailiff seize and sell the debtor's goods to cover the debt and the costs of enforcement. It is valid for 12 months and can extend to real property such as a house and land, but it does not allow the sale of personal clothing, bedding or tools of trade up to a value of $3,000. A garnishee order can take money from the debtor's wages through their employer, from their bank account, or from someone who holds money for them, such as a real estate agent collecting rent. The debtor and garnishee get 21 days to object before you file the final order. If you need to know what the debtor can afford, an oral examination brings them to court to answer questions, and the court can order payment by instalments if it is satisfied they have the means.
Building and construction debts
If you are a contractor, subcontractor or supplier on a construction job in Tasmania, security of payment laws may give you a faster route. The Small Business Ombudsman notes they cover payment claims for construction work and related goods and services under written or oral contracts, with adjudication applications lodged through an Authorised Nominating Authority. The time limits are strict, so get advice early.
Time limits
Under section 4 of the Limitation Act 1974 (Tas), an action founded on a simple contract generally cannot be brought more than six years after the cause of action accrued, and an action on a judgment cannot be brought more than 12 years after it became enforceable. Do not wait anywhere near that long. Evidence fades and debtors move or close.
Is it worth it, and what else can you do?
Weigh your proof, the filing and enforcement fees, your time and whether the debtor can actually pay. A judgment against a business with no money or assets can be hard to enforce. If the debtor is a company and the debt is over $4,000 and genuinely undisputed, a statutory demand is another option (read our statutory demand guide first). If recovery looks unlikely, talk to your accountant about writing off the debt. Working across states? Compare our Victoria guide, South Australia guide, Western Australia guide, NSW small claims guide and Queensland QCAT guide.
Final notice template (send it before you file in the Magistrates Court)
Common questions
What is the small claims limit in Tasmania?
Debts of $15,000 or less are a minor civil claim in the Magistrates Court, where parties generally represent themselves. Claims from $15,001 to $50,000 are civil claims, and the Supreme Court hears larger claims unless all parties agree to the Magistrates Court.
How much does it cost to file a claim in Tasmania?
From 1 July 2026 the filing fee is $147 for a claim of $1 to $5,000 and $284.20 for a claim of $5,001 or more. Filing an enforcement process costs $49, and the bailiff's fee for executing it is $205.80.
How long does the debtor have to respond in Tasmania?
21 days after being served. After that you return to the registry with your claim and affidavit of service. If no defence has been lodged, you can file a Default Judgment Form.
Does Tasmania have a small business commissioner?
No. Tasmania's Small Business Advocate, in the Office of the Coordinator-General, offers free help resolving disputes with larger businesses, state government agencies and local councils, but it cannot make a customer pay.
Can I use a lawyer for a minor civil claim in Tasmania?
Generally no. Parties must represent themselves, so there are no legal costs, but the court can give permission for legal representation in special circumstances.
How do I enforce a Magistrates Court judgment in Tasmania?
The main options are a warrant to sell property, carried out by a bailiff, and a garnishee order over the debtor's wages or bank account. An oral examination can show what the debtor can afford and lead to an instalment order.
Official sources
- Magistrates Court of Tasmania: Civil Court (claim limits)
- Magistrates Court of Tasmania: minor civil claims ($15,000 or less)
- Magistrates Court of Tasmania: civil disputes (filing, service, default judgment and enforcement)
- Magistrates Court of Tasmania: court fees from 1 July 2026
- Magistrates Court of Tasmania: oral examination
- Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023 (Tas)
- Limitation Act 1974 (Tas)
- Tasmania Legal Aid: civil claims
- Department of Justice Tasmania: mediation and dispute resolution
- Office of the Coordinator-General: Small Business Advocate
- ASBFEO: dispute support tool (includes Tasmanian security of payment)
- ABN Lookup
- Search ASIC registers
Sources checked 10 November 2026. Rules and limits change, so check the official site before acting.