small claims court

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, New Zealand, Philippines, Scotland, Singapore, South Africa and the United States.

View More On Wikipedia.org
  1. J

    QLD Recovering a Bank Transfer from a Scam - Recourse?

    I sent a bank transfer for $2500.00 for a private purchase through Gumtree, and then suspecting it might be a scam, I called my bank (3hrs later). I was told the payment had already been processed (Commbank to NAB), therefore I applied for a search and recover. I also called the receivers bank...
  2. T

    NSW Legal fee claim post judgement

    I recently went to the Local Court to have a default judgement set aside in which I was successful. The Registrar being ever so diplomatic ordered me to pay $100 towards the Plaintiffs professional costs plus disbursements of $84 within 28 days. The Plaintiffs Solicitor was not happy with the...
  3. L

    QLD Lease - Claiming Unpaid Rent as a Co-tenant?

    Our housemate abruptly left 3 weeks after telling us she had bought a house midway through our lease and continued to pay rent for a month, but then stopped and failed to replace herself. She remained on the lease until the end of the term, and we had to pay her part of the rent in the meantime...
  4. N

    NSW Small Claims Court - Refund for Car with Major Faults?

    Hi, I purchased a used car from a dealer with 158000kms, 2005 model. On the 18/6/17 it broke down on the way home from the dealer. I returned it on the 19th. I collected it from the dealer supposedly repaired on the 25th and it broke down again with the same fault on the same day. I returned...
  5. S

    WA Preparing for defence of a small case claim, how to establish defence related to software?

    Background - I am a student and amateur software developer, A client (other student) asked me to build them some software, I did so using their IP, I sold it to them. IP vested in the Customer according to the contract. Client was unsatisfied with the software and performance, seeking damages...
  6. M

    QLD Small Claims Court - Help Wedding Gown Dispute?

    Please help me. I bought a defective brand new wedding gown off the rack and the seller (local bridal shop) is unable to restore to original condition (the laces are broken). Tried the Office of Fair Trading, who told me the seller refused to resolve the matter. In addition the seller is...
  7. J

    NSW Issued a Faulty Complying Development Certificate - What to Do?

    I am an owner builder doing a granny flat development. I had a Complying Development Certificate issued by a private certifier. After my services were in place and excavations were complete, I booked a inspection certifier and I passed first inspection. Few days later, he informed me he made a...
  8. U

    WA Seeking Refund for Car - Small Claims Court?

    In May 2016, we purchased a used Pathfinder. The day after taking delivery, we discovered a problem. Since then the car has been returned to the Dealer 7 times, one of those times for a month and is still not repaired. Jan this year, the Dealer conceded to finding a replacement. No replacement...
  9. A

    VIC Major Car Failure - Taking to Small Claims Court?

    Hi, I purchased a Holden Captiva 2008 model from a car dealership in Victoria with 12 months warranty for mechanical failure but not covered by the statutory warranty due to it having done over 160,000km - I also purchased without a roadworthy which the sales paperwork states but had one done...
  10. Joanne Davis

    WA False Description of Sale on Gumtree - Small Claims Court?

    Hi, I recently purchased 8 tyeares for my truck from Victoria. I had a lot of communication with the guy selling them. He had a property in VIC where the tyeares were and he sent me photos of all the tyeares and the tread and the dot ages, etc. And they all looked in really good condition. The...