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When someone owes you money in Australia and will not pay, a statement of claim is how you start a case to recover it — but the court, the form, the small-claims limit and the time limit all depend on which State or Territory you are in. Our template is State-aware: choose your jurisdiction and it sets the right court (the NSW Local Court Small Claims Division, the Victorian Magistrates' Court, QCAT in Queensland, and the equivalents elsewhere), pleads the debt with itemised particulars, claims interest and costs, and sets out service, default judgment, the limitation period and enforcement.
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A statement of claim is the document that starts a civil case to recover a liquidated money debt — an unpaid invoice, a loan that was not repaid, the price of goods or services, or money due under an agreement. In Australia, debt recovery is <strong>State and Territory procedure</strong>: the court or tribunal that hears the claim, the form that starts it, and the monetary limit of the small-claims path all differ. In New South Wales a debt of $20,000 or less is heard in the Small Claims Division of the Local Court on a Statement of Claim (UCPR Form 3B); in Queensland a debt up to $25,000 is a minor debt claim in QCAT; in Western Australia a minor case is limited to $10,000.
The single most important difference is the <strong>limitation period</strong> — the deadline to sue. For a simple contract debt it is <strong>6 years</strong> from when the debt fell due in every State and the Australian Capital Territory, but only <strong>3 years</strong> in the Northern Territory. Sue after the limitation period has passed and the debtor has a complete defence, whatever the merits. A written acknowledgement of the debt, or a part payment, restarts the clock — which is why a debtor's email promising to pay can be worth keeping.
Most debt claims are won by default. A defendant who is properly served and does not file a defence in time — 28 days in New South Wales and South Australia, 21 days in Victoria and Tasmania, as little as 14 days in Western Australia — hands the plaintiff a default judgment for the debt, interest and costs, without a hearing. A clearly pleaded claim with itemised particulars that add up to the amount claimed is exactly what lets a registrar enter that judgment, so the way the claim is drafted matters as much as the underlying debt.
A complete, State-aware statement of claim — the parties, the debt, the particulars, the interest and costs, and the procedural steps that follow.
Choose your State or Territory and the document names the correct court and form — NSW Local Court (UCPR Form 3B), Victorian Magistrates' Court (Complaint), QCAT (Form 3) and the rest.
Sets the small-claims threshold for your jurisdiction — $20,000 in NSW, $25,000 in Queensland, the ACT and the NT, $15,000 in Tasmania, $12,000 in South Australia, $10,000 in Western Australia.
Names the plaintiff and the defendant correctly — the full legal name and ABN/ACN for a company, so a default judgment can actually be enforced.
States the amount, what the debt is for (invoice, loan, goods, services or agreement) and when it fell due — the core of any debt claim.
A numbered breakdown that adds up to the amount claimed, tied to the contract or invoice — the particulars a registrar needs to enter default judgment.
Claims pre-judgment interest (at the contract rate or the court rate) and the filing and service costs, so they are included in any judgment rather than given away.
Sets out how the claim is served and the default-judgment route for your State, with the correct response period so a non-responding defendant cannot buy time.
Confirms the claim is within the 6-year (3 in the NT) limitation period and sets out enforcement — examination, garnishee, seizure and sale.
A verification of the claim and a single claimant signature block, ready to support the official sealed form filed with the court.
Five steps from an unpaid debt to a pleaded claim ready to file in your State.
This sets the court, the form, the small-claims limit and the limitation period. Choose where the defendant is or where the contract was to be performed — get advice if they are interstate.
Enter the plaintiff and defendant with exact legal names, the amount owed, what it is for and the date it fell due.
Add an itemised breakdown of the debt, the agreement date, and any demand you have already made — the detail that makes the claim hard to defend.
Add pre-judgment interest and your filing and service costs, set out service and the default-judgment route, and confirm you are within the limitation period.
Lodge the sealed form with the court (in NSW, through the Online Registry), serve it on the defendant the way the rules require, and keep proof of service.
Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.
Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.
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Debt recovery in Australia runs on State and Territory procedure and strict limitation periods.
This template provides general information for recovering a debt in Australia and is not legal advice. Court rules, fees and forms change, and a defended claim or a large debt may need a lawyer. For a complex claim, a disputed debt, or enforcement against a company, get advice — and check the current rules on your State court or tribunal website.
Reviewed for Australian law
Where a debt claim is heard depends on the amount and the jurisdiction. New South Wales uses the <strong>Local Court</strong> (Small Claims Division up to $20,000, General Division to $100,000); Victoria uses the <strong>Magistrates' Court</strong> (to $100,000, with claims under $10,000 sent to arbitration); Queensland sends minor debts up to $25,000 to <strong>QCAT</strong>; Western Australia uses the <strong>Magistrates Court</strong> (minor cases to $10,000); and the ACT and the Northern Territory send smaller debts to <strong>ACAT</strong> and <strong>NTCAT</strong>. The template selects the right forum from your State so the claim is filed in the right place.
A simple contract debt must be sued on within <strong>6 years</strong> of the cause of action accruing under the limitation statute of each State and the ACT — the Limitation Act 1969 (NSW), the Limitation of Actions Act 1958 (Vic), and the equivalents. The <strong>Northern Territory is the exception</strong>: under the Limitation Act 1981 (NT) the period is only <strong>3 years</strong>. A debt sued out of time gives the debtor a complete defence, but a written acknowledgement or a part payment restarts the clock from that date — so keep any email or payment that admits the debt.
A statement of claim must be <strong>served</strong> on the defendant the way the court rules require, and the defendant then has a set period to file a defence — 28 days in NSW and SA, 21 days in Victoria and Tasmania, and 14 days within Western Australia. If no defence is filed, the plaintiff applies for <strong>default judgment</strong> for the debt, interest and costs, without a hearing. Bad service is the most common reason a default judgment is later set aside, so proof of how and when the claim was served is essential.
A statement of claim is the formal court step; before filing, a letter of demand often resolves the debt — see our Australian demand letter. If the debt is a Centrelink overpayment, use our Centrelink debt dispute letter; if it is a consumer dispute about faulty goods or services, our NCAT consumer claim application is the right path; and if a bank or lender mishandled your money, our AFCA banking complaint sets the internal-dispute and AFCA route. For a company that will not pay an undisputed debt, a statutory demand is a separate option.
Create a State-aware statement of claim in minutes: the correct court and form, the small-claims limit, itemised particulars, interest and costs, and the limitation and enforcement steps — in formal Australian format. Download the PDF free, or unlock Expert for the full particulars, interest, service and limitation sections.
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