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Respond to a small claim
About the Small Claims Tribunals (SCT)
The Small Claims Tribunals (SCT) of the State Courts resolve specific types of low-value disputes between consumers and suppliers in a quicker and less expensive way than if the same dispute went for a civil trial.
Common types of small claims include disputes that involve goods, services or residential tenancy agreements not exceeding 2 years. The claim limit is $20,000 (or $30,000 if there is a Memorandum of Consent (DOCX, 38 KB) signed by both parties).
What the Notice of Consultation means
If you have received a Notice of Consultation for a small claims case, someone has filed a claim against you with the SCT.
You are the respondent. The person who filed the claim is the claimant.
You must attend the scheduled consultation in court. If you do not turn up, the SCT may make an order against you.
Note
Lawyers are not allowed to represent parties in court for SCT matters.
Respond to a small claim step-by-step
This is the process for responding to a claim filed against you.
When receiving a claim
Understand small claims and respond
Understand the possible outcomes and how you can respond to the claim.
Resolving the dispute
Resolve the dispute online
You and the claimant may choose to resolve the dispute online through eNegotiation or eMediation. If you reach an agreement, you do not need to attend court. This may speed up the small claims process.
Attend court
If the dispute is not resolved, you will attend a consultation with a registrar. If you are not able to settle the case at the consultation, your claim may proceed to a hearing before a tribunal magistrate, who will decide the outcome of the claim.
After an order is made
File an application, if needed
You may file an appeal against a small claims order in some cases. If you missed a court session, you may apply to set aside an order made in your absence.
2021/07/23
Resources
Refer to A Guide to Small Claims (PDF, 544 KB)
Legislation associated with this topic includes:
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