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Where do I make a small claim for an unpaid invoice in NSW, Victoria or Queensland?

Short answer

In NSW, unpaid invoice claims up to $20,000 go to the Small Claims Division of the Local Court. In Victoria, businesses can apply to VCAT for unpaid goods and services, or use the Magistrates' Court for claims up to $100,000. In Queensland, QCAT handles minor debt claims up to $25,000. Try your state small business commissioner first for low cost mediation. Check limits and fees on the official sites as they change.

General information only, not legal or financial advice. Every business and every debt is different. For advice on your situation, talk to a lawyer, your accountant or your state small business commissioner.

Step by step

  1. 1

    Send a final notice or letter of demand

    Courts and tribunals expect you to have tried first.

  2. 2

    Try mediation

    State small business commissioners offer low cost help.

  3. 3

    Get the debtor's correct details

    ABN Lookup and ASIC extracts. VCAT requires an ASIC extract for companies and business names.

  4. 4

    Lodge with the right body

    Use the state sections below.

  5. 5

    Keep your evidence ready

    Contract, invoices, reminders and notes of calls.

What else to know

NSW

The Local Court Small Claims Division hears claims up to $20,000 and the General Division up to $100,000. The NSW Small Business Commissioner offers dispute help.

Victoria

VCAT's goods and services list covers situations like a service not being paid for. The Magistrates' Court hears civil disputes up to $100,000. The Victorian Small Business Commission offers mediation.

Queensland

QCAT minor debt disputes cover agreed, fixed debts up to $25,000 (excluding interest). Larger amounts go to the Magistrates Court and higher courts. The Queensland Small Business Commissioner can help with disputes.

Final notice template

Common questions

Do I need a lawyer for small claims?

Usually not. Small claims processes are designed for people to run themselves, but advice can help.

What if I win and they still do not pay?

You may need to enforce the judgment or order. Each court explains enforcement options on its website.

Official sources

Sources checked 14 October 2026. Rules and limits change, so check the official site before acting.

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