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Victoria small claims guide

How to sue someone in VIC

Victoria runs most everyday consumer and goods-and-services disputes through VCAT's Civil Claims List, while straight debt and car-damage claims often go to the Magistrates' Court, where defended claims under $10,000 are sent to arbitration.

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Quick answer

In Victoria, most small money claims go to the Victorian Civil and Administrative Tribunal (VCAT) — Civil Claims List. Magistrates' Court of Victoria handles some claim types too. You generally have 6 years to sue on a debt or contract. Send a letter of demand first.

Victorian Civil and Administrative Tribunal (VCAT) — Civil Claims List

tribunal
Monetary limit
Goods and services disputes: no published maximum; the standard fee band is for claims ≤ $15,000.
Filing fee
From 1 July 2026: standard $67.40 for claims ≤ $15,000 (or no sum), $222.80 above; corporate rate (turnover ≥ $300,000) $202.10 / $673.50; concession — no fee.
Form
Civil claims application — goods and services (online form)
Where to lodge
myVCAT ↗
Lawyers
You must ask permission to have a lawyer or professional representative speak for you.
Service
You (the applicant) send the respondent a copy of the application and supporting documents, then file a declaration of service via myVCAT. VCAT then sends the hearing notice.

Fee bands (individual / business)

  • ≤ $15,000: $67.40 / $202.10
  • Above: $222.80 / $673.50

Source: vcat.vic.gov.au apply-goods-and-services + fees (business plan §4.1, opened 30 Oct 2026). Checked 2026-10-30. Official info ↗

Magistrates' Court of Victoria (Civil)

court
Monetary limit
Civil claims up to $100,000; defended claims under $10,000 (and car accident claims) go straight to arbitration.
Filing fee
Standard filing fee per MCV Civil Fees Ready Reckoner: $176.20 (≤ $1,000), $367.90 ($1,000–$10,000), $559.50 ($10,000–$40,000). Concession and corporate rates differ.
Form
Complaint — Form 5A (plus Form 4A overarching obligations & Form 4B proper basis certification)
Where to lodge
Magistrates' Court of Victoria (file in person, by post or via the court's e-filing) ↗
Lawyers
Allowed; costs recovery for small arbitration claims is limited.
Service
You must serve the complaint on the defendant; the defendant has 21 days to file a defence.

Fee bands (individual / business)

  • ≤ $1,000: $176.20 / $352.30
  • ≤ $10,000: $367.90 / $735.70
  • ≤ $40,000: $559.50 / $1,119.10
  • ≤ $100,000: $839.30 / $1,678.60

Source: mcv.vic.gov.au starting-civil-matter + Civil Fees and Costs Ready Reckoner (saved 30 Oct 2026). Checked 2026-10-30. Official info ↗

Step by step in VIC

  1. Send a letter of demand. Give a clear deadline (we use 21 days). No mandatory pre-action notice for VCAT, but a written demand is strongly recommended.
  2. Check the forum and the limit. VCAT has no published maximum for goods-and-services disputes — but the fee jumps from $202.10 to $673.50 once you're over $15,000.
  3. Prepare your claim. Civil claims application — goods and services (online form). Have your evidence numbered and ready.
  4. Lodge and pay the fee via myVCAT.
  5. Serve the other party. You (the applicant) send the respondent a copy of the application and supporting documents, then file a declaration of service via myVCAT. VCAT then sends the hearing notice.
  6. Turn up prepared. Most hearings start with conciliation — be ready to settle on sensible terms.
  7. Enforce if you have to. VCAT orders for money can be registered with the Magistrates' Court and enforced like a court judgment — for example through an attachment of earnings order or a warrant to seize property.

Time limits

Contract and debt claims: generally 6 years (Limitation of Actions Act 1958 (Vic) s 5).

Special cases

  • Bonds & tenancy: Bond and tenancy disputes go to VCAT (Residential Tenancies list).
  • Unpaid wages: Fair Work small claims can be run in the Magistrates' Court of Victoria.

Local tips

  • Apply to VCAT online — the form walks you through the parties and claim.
  • In the Magistrates' Court you'll file a Complaint (Form 5A) plus Forms 4A and 4B.
  • The defendant has 21 days to file a defence after service in the Magistrates' Court.

VIC FAQs

What's the VCAT small claims limit?

VCAT doesn't publish a maximum for goods-and-services disputes. The standard application fee of $202.10 applies to claims up to $15,000.

Should I go to VCAT or the Magistrates' Court?

Consumer and trader disputes about goods or services usually suit VCAT. Pure debts (like a personal loan) and car-accident damage often go to the Magistrates' Court. Our forum finder picks for you and lets you switch.

Can I have a lawyer at VCAT?

You need VCAT's permission for a lawyer or professional representative to speak for you.

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