On this page:
If you can't resolve your dispute with a trader through negotiation, you can start a claim in the Small Claims Tribunal.
Important facts about the Small Claims Tribunal:
- Claims are decided by a referee. Referees are usually magistrates also.
- The referee is the only person who can make a final decision about your dispute.
- To get the tribunal to decide on your dispute, you have to prepare and lodge a claim form with the tribunal's registry.
How do I start a claim?
- Get a copy of the Small Claims Tribunal 'Claim' (Form 1) from your nearest magistrates court.
- On the form you will see the words 'claimant' and 'respondent'. You are the claimant. The person you are in dispute with (who you are claiming against) is the respondent. Make sure you use the right name for the respondent (see 'Can I resolve my dispute without going to the tribunal?').
- Complete the claim form. Use our sample claim form as a guide.
- Make three copies of your claim (you can use photocopies).
- Keep one copy for your records and lodge the other two forms with the tribunal registry.
- Pay the court filing fee. The fee will depend on how much you are claiming. If your claim is successful you can ask to recover this cost from the respondent.
Tips for completing your claim form
- Type or print neatly on the form.
- Under 'FULL PARTICULARS OF CLAIM' you need to:
- describe the goods or services the trader provided to you
- describe the defect or fault with the goods or service
- explain when and how the dispute started.
For disputes about services:
- include the date you made the agreement with the trader (verbal or written), for example, the date you accepted a quote and rang to arrange the work
- describe the services the trader agreed to supply
- include the amount you agreed to pay
- include the services provided
- include the date you paid the trader and how much you paid.
For disputes about goods:
- include the date you made an agreement with the trader (verbal or written), for example, the date you bought the goods
- describe the goods, such as the brand name, model number, serial number, registered number, size and quantity
- include how much you agreed to pay
- include the date you received the goods
- include the date you paid the trader and how much you paid
- explain what the trader told you about the quality of the goods or the way they would perform.
For all disputes you should:
- describe the problems you've had
- explain what you did about the problems and any repairs done (who did the repairs and when; how much they cost) or explain what needs to be done to correct the problems and include quotes you have obtained
- write down facts only - do not make emotional remarks
- (if the goods cannot be repaired) include how much it will cost to replace them and attach a written quote
- make sure your claim contains all the necessary details but is also easy to understand
- (if there is not enough room on the form to write all the details) attach a separate sheet marked in the top centre with 'Attachment A' and write under the 'Full Particulars' section on the form: See 'Attachment A'
- make sure you mark an 'X' in the bracket on the claim form to show whether you are seeking payment, relief from payment, return of goods, or work to be redone
- sign and date the form and any extra sheets of paper you've included
- if you or your witnesses cannot attend court on certain dates, give a list of those dates to the tribunal when you lodge your claim.
Where do I lodge the claim form?
If your dispute started in the Brisbane area, including the areas of Beenleigh, Cleveland, Holland Park, Redcliffe, Richlands, Sandgate or Wynnum, then you lodge the claim with the Brisbane Magistrates Court registry or post it to:
The Registrar
Small Claims Tribunal
GPO Box 1649
Brisbane Qld 4001
If your claim happened elsewhere in Queensland, you should lodge your form with the nearest magistrates court.
Sample claim form
Sample claim form (PDF - 53k)