How to make a small claim under $20,000

If you have been underpaid by up to $20,000, you may want to make a small claim against your employer.

21 September 2017

This fact sheet explains what a small claims proceeding is and how to make a small claim application to the Fair Work Small Claims Division of the Federal Circuit Court, where unpaid entitlements amount to $20,000 or less. For claims over $20,000 you will have to make a claim in the Fair Work division of the Federal Circuit Court.

A small claims proceeding offers some distinct advantages to individuals seeking to recover unpaid entitlements.

  • The proceedings are quick and cheap.
  • They are informal, compared to regular court proceedings as the court is not bound by any rules of evidence or procedure.
  • They are designed to allow people to resolve issues efficiently, without the need for lawyers.

This fact sheet covers:

  • What is a ‘Small Claim’?
  • How to apply to the Small Claims Division of the Federal Circuit Court
  • Orders the Federal Circuit Court can make.
Applying to the Fair Work Small Claims Division Download PDF (229 KB)

This resource was published 21/09/2017. This is legal information only and does not constitute legal advice. You should always contact a lawyer for advice specific to your situation.

 

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