You will have to pay a fee to start a case in the Small Claims Division of the Local Court. This is $97.00 for an individual and $194.00 for a corporation (as at 1 July 2016). Check the list of current court fees on the
Local Courts website. Unless you serve the Statement of Claim yourself, you will also have to pay a service fee.
You can claim these costs back in your Statement of Claim. The maximum you can claim back for a service fee is $65.00 (as at 1 July 2016).
You will not usually be entitled to professional costs if you are representing yourself.
If the other side is represented by a lawyer, and you lose the case, you will probably have to pay costs. If you are represented by a lawyer, and you win your case, the court will probably order that the other side pay your costs.
In the Small Claims Division of the Local Court there is a limit on the amount of lawyer's costs you can be awarded or ordered to pay, at the end of a hearing, for a fixed or specific claim of money (called a liquidated claim). As at July 2016, these costs (including GST) are:
Amount of Claim
Costs can also be awarded against a party if they do anything that causes a delay.
If you think you may need to ask the court to adjourn your case or delay it in some other way, you should get
If you win your case and get judgment in your favour, it can cost money to enforce that judgment. There are fees to pay when you try to enforce a judgment. You can add these kinds of fees to the amount that the debtor has to pay you. You may not be able to get the fees back if you can't find the defendant or if the defendant has no money or assets.
For more information on enforcing a judgment and the costs involved, see
Enforcing a judgment.
If you are not sure what costs you can claim back, you should get