What is the small claims procedure?
The small claims procedure is a quicker, lower-cost court process for recovering underpaid wages and entitlements up to a capped amount.
The small claims procedure is a streamlined court process for recovering money owed under the Fair Work Act 2009, such as underpaid wages, unpaid entitlements, or unpaid superannuation. It is designed to be faster, simpler, and cheaper than a standard court case.
Claims can be brought in the Federal Circuit and Family Court or an eligible state or territory court, up to a capped amount set by the regulations. The process is informal, the court is not bound by the usual rules of evidence, and parties generally cannot be represented by a lawyer without the court's permission.
Key facts
- •It is used to recover underpaid wages, entitlements, and superannuation
- •The amount that can be claimed is capped by the regulations
- •Claims are heard in the Federal Circuit and Family Court or eligible state courts
- •The process is informal and not bound by the usual rules of evidence
- •Legal representation generally requires the court's permission
Try the calculator
Payslip CheckerFrequently asked questions
How much can I claim through the small claims procedure?
There is a cap on the amount set by the regulations. If you are owed more than the cap, you can still use the procedure but only recover up to the capped amount, or you can bring a standard claim instead.
Do I need a lawyer for a small claims case?
No. The small claims procedure is designed to be used without lawyers, and parties generally need the court's permission to be legally represented. The process is informal and not bound by the strict rules of evidence.
FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.