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.

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.

More resources

Further reading:

• Fair Work Ombudsman – Taking legal action in the small claims court
• Jobwatch – Making a small claim under the Fair Work Act 2009
• NSW Law Access – Employment rights
• The Law Handbook (NSW) – Chapter 22 on Employment Law
• Federal Circuit Court – Industrial Law
• Federal Court Rules 2011
• Federal Circuit Court Rules 2001