Which small claims court or tribunal handles a refund in my state?
The body that hears consumer refund claims in each state and territory, how much it can award, the time limits and what to do before you file.
AI-assisted research and reviewed for accuracy. Something out of date? Let us know.
Each state and territory has its own body for consumer refund claims, and it can order a business to pay. NSW uses NCAT for claims up to $100,000, Victoria uses VCAT, Queensland uses QCAT up to $25,000 and SA, WA and Tasmania use the Magistrates Court. If the business still refuses after you've asked in writing, that body decides.
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Which body hears a refund claim in your state?
It depends on where you and the business are. NSW, Victoria, Queensland, the ACT and the NT use a tribunal, and SA, WA and Tasmania use the Magistrates Court's small claims stream. Each can order a business to pay you, and each sets its own limit on how much.
| State or territory | Who hears it | Claims up to |
|---|---|---|
| NSW | NSW Civil and Administrative Tribunal (NCAT), consumer claims | $100,000 |
| Victoria | Victorian Civil and Administrative Tribunal (VCAT), goods and services disputes | No limit listed on VCAT's page |
| Queensland | Queensland Civil and Administrative Tribunal (QCAT), consumer and trader disputes | $25,000 |
| ACT | ACT Civil and Administrative Tribunal (ACAT), civil disputes | $25,000, or more if the business agrees in writing |
| NT | NT Civil and Administrative Tribunal (NTCAT), small claims | $25,000 |
| SA | Magistrates Court of SA, minor claims | $12,000 |
| WA | Magistrates Court of WA, consumer/trader claims | $75,000 (claims of $10,000 or less run as a minor case) |
| Tasmania | Magistrates Court of Tasmania, minor civil claims | $15,000 |
A claim above the limit isn't lost. QCAT and ACAT both say you can reduce your claim to fit, and QCAT says larger claims go to the Magistrates Court or a higher court.
Time limits differ. NCAT says you must apply within 3 years of the problem with the goods or services. VCAT and QCAT generally allow 6 years. In the NT, NTCAT claims must be made within 3 years of the date the money was owed or the work was due.
Application fees for a smaller claim from 1 July 2026: $64 at NCAT for claims up to $10,000, $67.40 at VCAT for claims up to $15,000 and $96.30 at QCAT for its lowest band, rising with the amount.
Each state has its own page with the steps and what the tribunal can order: taking a business to NCAT, to VCAT and to QCAT.
What should you do before you file?
Every one of these bodies will want to see that you asked the business properly first. If you've only asked at the counter or on the phone, put it in writing now.
Step 1: Keep your evidence
Keep the receipt or order confirmation, photos of the fault, every email and a note of each call with the date and what was said. Get the business's full legal name and ABN from its invoice or website, because the claim must name the right business.
Step 2: Send a final written request
Courts SA says you make a minor claim after you've tried a final notice or letter of demand. Elsewhere it's still the record a tribunal will look for. Ajust's recommended channel is whichever one gives you a written record and a reference number, usually the web form or the complaints email.
Subject: Final request: refund for [product or service]
Hello,
On [date] I paid $[amount] for [product or service]. [Describe the fault or what wasn't provided]. I asked for a refund on [date] and was told [what they said].
I am asking again for a refund of $[amount] to my original payment method.
If I haven't received it or a written answer by [date, 14 days from today], I will apply to [tribunal or court] without further notice.
Regards,
[Your name]
Step 3: Hold them to the date
Note the deadline in your diary. If they offer something less, reply in writing that you don't accept it and repeat the date.
Already done all this and still being told no? Here's what happens next.
What if the business still says no?
Take it above the person who refused, then outside the business. Each route below can help, and each has limits worth knowing first.
| Where | What it does | Where it stops |
|---|---|---|
| The business's manager or complaints team | Can reverse a refusal made at the counter or by a call centre | It's still the business reviewing its own decision |
| Fair Trading or Consumer Affairs in your state | Contacts the business and tries to get the matter resolved | Consumer Affairs Victoria says it cannot enforce an outcome and only a court or tribunal has that power |
| The tribunal or Magistrates Court in the table above | Hears both sides and can order the business to pay | Most have a money limit (see the table above). You prepare and present the case yourself. VCAT says to expect about 52 weeks from applying to your mediation or hearing |
| Enforcing the order | Turns an unpaid order into a court judgment you can act on | NCAT says a money order is enforced by registering it with the Local Court, which charges a filing fee |
NCAT encourages you to run your own case without a lawyer, and VCAT says that if you want a lawyer to speak for you, you must tell the other party in writing and ask permission when the hearing starts.
Can someone take this on for you?
Yes, before you file.
Our team takes over your claim with the business and puts it to the people who can approve a refund. In NSW, Victoria, Queensland, SA and WA we can also lodge it with Fair Trading or Consumer Affairs for you. If it still isn't resolved, we'll give you guidance for a tribunal claim, so you can lodge it yourself. We don't lodge tribunal claims or represent anyone at a tribunal, and we can't take on a claim a tribunal is already handling.
No win, no fee. We'll tell you straight if we don't think we can win it.
What doesn't work
- Filing in the wrong state. VCAT lists some cases where one party lives in another state among those it can't help with. Check where the business is before you pay a fee.
- Naming the shopfront, not the business. The trading name on the sign is often not the legal entity. Use the name and ABN on your invoice.
- Skipping the written request. In SA it comes before a minor claim. Everywhere else, a tribunal will ask what you did to resolve it first.
- Claiming more than the limit without deciding. If your claim is over the cap, choose whether to reduce it or go to a higher court before you file.
- Waiting out the time limit. In NSW and the NT that's 3 years. Apply well before it runs out.
Common questions
What if the business is in another state?
That can change where your claim belongs. VCAT lists some cases where one party lives in another state among those it can't help with. Contact the tribunal or court in your state before you file and ask whether it can hear a claim against a business based interstate.
Can a tribunal order something other than a refund?
Yes. NCAT lists orders to pay money, fix or replace faulty goods, supply services, deliver goods or refund with the goods returned. QCAT lists payments, refunds, return of goods and fixing faulty work. Say in your application which order you want.
Do I need a lawyer for a small claim?
No. These bodies are set up for people to run their own claims, and NCAT encourages you to do it without a lawyer. VCAT points people to Consumer Affairs Victoria and the Consumer Action Law Centre for help before they apply.
Fair Trading couldn't get the business to pay. Can I still go to the tribunal?
Yes. A complaint to Fair Trading or Consumer Affairs doesn't stop you applying, and Consumer Affairs Victoria says only a court or tribunal can enforce an outcome. Keep an eye on your state's time limit while the agency handles your complaint.
The tribunal ordered a refund but the business hasn't paid. What now?
An order isn't paid automatically. In NSW you register the money order with the Local Court, which then treats it as a court judgment you can enforce. The court charges a filing fee for this. Other states have their own enforcement steps on their tribunal's website.
- NCAT: Consumer claims
- NCAT: Fees at NCAT
- NCAT: Representation
- NCAT: Enforce a money order
- VCAT: Before you apply, goods and services disputes
- QCAT: Consumer and trader disputes
- QCAT: Fees and allowances
- ACAT: Civil disputes
- NT Government: Small claims
- Courts SA: Starting a civil case
- Magistrates Court of WA: About the Court
- Magistrates Court of Tasmania: Minor civil claims
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