Skip to content
SueAnyone
Sue now

New South Wales small claims guide

How to sue someone in NSW

NSW is the only state with a proper fork in the road: debts go to the Local Court, but consumer-versus-trader disputes can go to NCAT — which is cheaper and less formal. Pick the wrong one and you're paying twice.

Start a NSW claim free Limits & fees

Quick answer

In New South Wales, most small money claims go to the Local Court of NSW — Small Claims Division (up to $20,000). NCAT handles consumer-v-trader claims up to $100,000. You generally have 6 years to sue on a debt or contract. Send a letter of demand first.

Local Court of NSW — Small Claims Division

court
Monetary limit
Up to $20,000 (General Division handles $20,000–$100,000).
Filing fee
Filing fee from 1 July 2026: $179 individual / $358 corporation. Court can post the Statement of Claim for you for $56 per address.
Form
Statement of Claim (UCPR Form 3B — party acting in person)
Where to lodge
NSW Online Registry ↗
Lawyers
Allowed, but small claims are informal and the rules of evidence don't apply. Legal costs recovery is capped.
Service
The registry can serve by post ($56 per address), or you can arrange service yourself (personal or post).

Fee bands (individual / business)

  • ≤ $20,000: $179 / $358

Source: localcourt.nsw.gov.au civil jurisdiction & fees pages (via teardown, fetched 28 Oct 2026). Checked 2026-10-28. Official info ↗

NSW Civil and Administrative Tribunal (NCAT) — Consumer and Commercial Division

tribunal
Monetary limit
Consumer claims (consumer v trader) up to $100,000.
Filing fee
From 1 July 2026: $64 (≤ $10,000), $133 ($10,000–$30,000), $344 (> $30,000) standard; corporations pay double; reduced fee $16/$33/$86.
Form
Consumer Claim application (NCAT Online)
Where to lodge
NCAT Online ↗
Lawyers
Representation needs NCAT's leave (Civil and Administrative Tribunal Act 2013 s 45).
Service
NCAT sends the application to the respondent and notifies both parties of the hearing.

Fee bands (individual / business)

  • ≤ $10,000: $64 / $128
  • ≤ $30,000: $133 / $266
  • ≤ $100,000: $344 / $688

Source: ncat.nsw.gov.au/forms-and-fees/fees-at-ncat.html (saved 30 Oct 2026). Checked 2026-10-30. Official info ↗

Step by step in NSW

  1. Send a letter of demand. Give a clear deadline (we use 21 days). No mandatory pre-action notice for small claims, but a letter of demand is expected and helps on costs.
  2. Check the forum and the limit. Personal loan to your cousin's boyfriend? Local Court. Faulty dishwasher from a retailer? NCAT. Business-to-business invoice? Local Court.
  3. Prepare your claim. Statement of Claim (UCPR Form 3B — party acting in person). Have your evidence numbered and ready.
  4. Lodge and pay the fee via NSW Online Registry.
  5. Serve the other party. The registry can serve by post ($56 per address), or you can arrange service yourself (personal or post).
  6. Turn up prepared. Most hearings start with conciliation — be ready to settle on sensible terms.
  7. Enforce if you have to. If you win in the Local Court and they still won't pay, you can apply for enforcement — for example a garnishee order (taking money from wages or a bank account) or a writ for the levy of property. NCAT money orders can be filed in the Local Court to be enforced the same way.

Time limits

Contract and debt claims: generally 6 years from when the cause of action accrued (Limitation Act 1969 (NSW) s 14).

Special cases

  • Bonds & tenancy: Bond and tenancy disputes go to NCAT (Consumer and Commercial Division, Tenancy list).
  • Unpaid wages: Unpaid wages under the Fair Work Act can be run as a 'small claims' matter in the NSW Local Court (Industrial).

Local tips

  • Lodge through the NSW Online Registry — it's faster than paper.
  • The court can post your Statement of Claim for $56 per address.
  • Use Form 3A for a fixed (liquidated) amount like an invoice; damages claims use Form 3B.

NSW FAQs

What's the small claims limit in NSW?

The Local Court Small Claims Division hears claims up to $20,000. NCAT's Consumer and Commercial Division hears consumer claims up to $100,000.

How much does it cost to file in NSW?

From 1 July 2026, filing a Statement of Claim in the Local Court costs $179 for an individual and $358 for a corporation. NCAT consumer claims up to $10,000 cost $64 for an individual.

Can I bring a lawyer to NCAT?

Only with NCAT's permission (leave). Most people represent themselves.

VICQLDSAWATASACTNT

Stop being nice about it.

Build your case free in about 10 minutes. Letter of demand first, statement of claim and court pack if they ignore it. Court-ready from $99 incl. GST.

Start my court case