Civil disputes

ACAT can consider and resolve a range of civil disputes between persons, businesses or organisations. Disputes may be about contracts, damages, debt, goods, nuisance, trespass or other matters (where ACAT has jurisdiction).

ACAT can hear civil claims up to $25,000. In some circumstances, a higher claim may be heard.

You are responsible for preparing and presenting your case (whether you’re the applicant, respondent or third party).

ACAT staff can give you procedural information, but not legal advice.

Civil Dispute Process

In 2023 ACAT reviewed its pathway and procedures to resolve Civil Disputes, and has now permanently implemented the new process.

The civil process now includes the following steps:

• Civil Dispute Applications will be listed for an initial Directions Hearing on a date after the Response due date.
• ACAT will serve a copy of the Civil Dispute Application and a notice with the time, date and location of the Directions Hearing to each applicant and respondent (party).
• Responses will continue to be lodged and served to each party.
• Each party or their representative must attend the Directions Hearing (either in person or remotely). At the Directions Hearing the Member or Registrar will talk to parties about the case, what they need to do and will happen next. If they do not take part, the Tribunal may make final orders without hearing from them.

For more information about the new process, please see Practice Note 3 of 2023 – New Civil Dispute Process. If you still have questions, you can contact us.

Before you apply

Try to resolve the dispute through negotiation or mediation before coming to ACAT. Working on a resolution together outside of ACAT is often quicker, cheaper and less stressful than proceedings at ACAT.

Types of civil disputes

ACAT can consider and resolve a range of civil disputes about:

• a debt – to recover a debt and/or interest owing on a debt
• damages – to recover damages caused by negligence or other tort
• goods – dealing with the provision of goods or services (for the value of goods or services, the recovery of goods, the provision of services, or for damages caused by the detention of goods)
• contracts – including damages for breach of contract
• a nuisance – to deal with interference with use or enjoyment of land (such as an overflow from a neighbour’s burst sewerage pipe on your land), including to deal with the interference, monetary damages and/or an order to stop the interference
• a trespass – to deal with unauthorised entry onto property including to seek monetary damages and/or an order to stop the trespass (for example, an order requiring a squatter to leave your land)
• a debt declaration – to declare the amount, or the maximum amount, that you owe to someone, or to declare that you are not indebted to another person at all (attach a copy of the letter of demand that has been sent to you)
• authorising laws – such as the Australian Consumer Law.

A civil dispute application does not include a fair work claim. Find out more here.

When you fill in a civil dispute application form [PDF 315KB], you need to tell us what type of civil dispute you have (it may be more than one type).

Amount of the claim

ACAT has jurisdiction for civil disputes when the amount claimed is $25,000 or less. If the amount in dispute is over $25,000, you can:

• Consider ‘abandoning the excess’, so that you remain within ACAT’s jurisdiction. For example, if you are seeking $30,000, you may decide to abandon $5,000 and limit the amount you claim in your ACAT application to $25,000 or
• Ask the other party or parties in the case to agree to ACAT hearing a claim above $25,000. For example, you can claim $30,000 in an ACAT application if the other party or parties in the case agree in writing and understand that you are not abandoning the excess.

If your claim is for more than $25,000, find out more about the civil jurisdiction of the ACT Magistrates Court.

Connection to the Australian Capital Territory (ACT)

ACAT can usually hear and decide civil disputes when:

• the respondent is an ACT resident when the civil dispute application was served on them, even if everything happened outside the ACT or
• a material part of the claim happened in the ACT and the application was served outside the ACT.

You may need to get legal advice about whether ACAT has jurisdiction to hear your case.

Timeframe

You should check whether there is a timeframe for lodging an application. For example, there are provisions in the Limitation Act 1985 that may apply.

Representation and advice

Decide if you will have a representative, noting correspondence in the case will be sent to that person, unless you advise us otherwise.

Applications made by a utility

If you are a utility who is making a civil dispute application, there are requirements for you to give a customer notice before commencing proceedings in the tribunal's civil jurisdiction. Please see Practice note 4 of 2020, civil dispute applications made by a utility.

How to apply

Collect information

Collect the information you will need:

• The details of what the dispute is about – you’ll need to tell us the date the dispute arose, and provide a brief description of what happened, what you are asking for and why.
• Who is involved in the dispute – you’ll need to correctly identify the parties. Review our information about how to identify and name a party (this includes more detailed information about what you need to provide if the respondent is a company).
• Contact details for all the parties – it is important to get emails, postal addresses and phone numbers correct.
• Whether you will claim interest – if you decide to claim interest, tell us how you want it calculated. You can use our interest calculator or fill in the statement of interest claimed – civil dispute form [PDF 130KB]. If you are claiming contractual interest, you must provide a copy of the contract and complete the interest calculation.

Making the application

To make an application you can use our online form or our hard copy form.

To apply with our hard copy form:

• fill in the civil dispute application form [PDF 315KB]
• attach any documents, such as a letter of demand
• make copies of the application – one copy for each party in the case and a copy for ACAT
• tell us the times and dates you are not available to attend ACAT, for example, if you are overseas or having a medical procedure
• lodge the form (and your copies), ensuring all details are completed in full
• pay the fee, unless you have an exemption, waiver or deferral
• review our information about lodging or serving documents.

Applying for a company

If you are making an application on behalf of a company, you’ll also need to lodge an authority to act for a corporation form [PDF 57KB]. Attach to this form a company extract – see ASIC registers.

However, if the company is represented by a lawyer, you may decide to lodge a notice of new contact or representation details form [PDF 67KB].

Review our information about:

• correctly identifying parties in a dispute
• lodging or serving documents.

Urgent applications

If your application is urgent, you need to lodge an online application for interim or other orders form or printable application for interim or other orders form [PDF 56KB] at the same time you lodge your civil dispute application form [PDF 315KB].

Tell us why your application is urgent (for example, you need an urgent order to preserve the subject matter of the proceedings, or there is a risk to the safety of people or assets). You should also clearly set out the orders that you are seeking.

Fees

There is a fee to lodge a civil dispute application, unless you have an exemption, waiver or deferral.

There are other fees that you may need to pay in your case, such as:

• a hearing fee (if the case is scheduled for more than one day)
• a fee for any subpoenas that you ask ACAT to issue.

What happens after an application is made?

After you lodge a civil dispute application, ACAT will serve it on the respondent (or respondents) by pre-paid post. If you want to serve the application (rather than ACAT serving it), you need to let us know at the time you lodge the application.

Even after an application has been lodged, it is a good idea to continue talking to the other party or parties in a dispute. If you reach an agreement, notify ACAT in writing.

Find out your options about resolving your case outside ACAT.

Responding to a civil dispute application

Unless ACAT tells you otherwise, as a respondent in the case you need to:

• fill out a response form [PDF 300KB]
• lodge it by the date noted on your correspondence from ACAT (this is usually 21 days).

ACAT will give a copy of your response to the applicant.

If you do not respond to a civil dispute application within the time frame, judgment may be entered against you.

When you are responding to an application, tell us if:

• you agree with the claim against you (for instance, if you admit liability)
• you admit liability but want to pay the amount in instalments (make sure you tell us the instalment amount and frequency, as well as when the first instalment will be made)
• you dispute the claim against you
• you only agree with part of the claim that has been made against you, and you dispute the rest
• you want to make a counterclaim against the applicant.

You may decide to directly contact the applicant to negotiate an agreement or arrange for payment, but unless an agreement is reached, you will need to respond within the required time. If you do not respond, judgment may be entered against you.

If you want to add a party to the dispute, see our information about third parties below.

Counterclaims

A counterclaim is a claim made by a respondent to a proceeding against the applicant.

If you have a counterclaim, set out the details in the response form [PDF 300KB]. Fees apply, unless you have an exemption, deferral or waiver.

Third parties

In some circumstances, a respondent may seek to add a third party (for example, the respondent wants to claim a contribution or indemnity against a person who is not already a party to the application).

A respondent who wants to add a third party should lodge a civil dispute third party notice [PDF 315KB].

You have 21 days after your response is due to lodge this form. If you are outside the 21 days, you can ask the applicant whether or not they agree to an extension of the timeframe. You can lodge a third party notice at the same time as you lodge your response.

ACAT will send a copy of the third party notice to the third party. The third party will then have 21 days to provide a response, using the response to third party notice – civil dispute form [PDF 305KB]. The third party will need to indicate whether or not they admit or dispute liability. A third party can also indicate on this form whether a counterclaim is sought (there is a fee if a counterclaim is made).

Interest calculator

To calculate interest, you can use our interest calculator.

Important information

During the period 1 January 2020 to 1 December 2020, the rate of interest in ACAT’s interest rate calculator was incorrect. The issue was remedied on 1 December 2020.

If you have an ACAT order that includes an amount of interest that was calculated to cover some or all of this period of time, please email ACATCivil@act.gov.au to get it corrected.

Resolving disputed cases

If a respondent tells ACAT (in their response) that the civil dispute application is disputed, ACAT will talk to the parties about it at the directions hearing or short hearing. ACAT may make final orders or schedule the case for a:

ACAT will send you a notice that gives you details. If an agreement is not reached at a conference, the case will progress to a hearing. All parties will be required to prepare their case for a hearing and to comply with any ACAT directions that are made.

When preparing for a hearing you need to:

• gather all your documents and evidence
• consider if you need to prepare a timeline, witness statements, submissions or subpoenas. We also have a template for submissions [DOC 25KB].

Usually ACAT directions will require you to provide a copy of your supporting documents to ACAT and all parties in the case.

If your case is a building dispute (where defects are claimed), parties may be required to fill in and lodge a scott schedule [DOC 245KB].

If your case goes to a hearing, ACAT will make a decision. ACAT decisions can be enforced at the courts.

Appeals

If you think that ACAT made an error when it decided the application, you may appeal within 28 days of the decision.

More information

• attending ACAT
• identifying and naming parties
• lodging and serving documents
• interpreters, hearing assistance and wheelchair access (see our information about accessibility)
• ACAT orders
• missed hearing or conference
• ACAT's rules:
  • part 3.2, civil disputes
  • chapter 2, general rules.
  Glossary and terms

  Glossary and terms

  ACT Civil and Administrative Tribunal A tribunal established under the ACT Civil and Administrative Tribunal Act 2008. It may also be referred to as ACAT or Tribunal.

  Adjourn (or adjournment) To suspend or postpone a preliminary conference, mediation or hearing and reschedule it for a future date.

  Administrative review ACAT has jurisdiction to review some administrative decisions made by the ACT Government. Find out about Review of ACT Government decisions.

  Alternative dispute resolution (ADR) Also known as dispute resolution. This is a way of resolving disputes without a formal hearing. It may involve a preliminary conference or mediation. ADR is used to help parties resolve cases by agreement.

  Anor Means ‘and another’. This term is generally used to name parties to proceedings when there is more than one applicant or respondent.

  Appeal Tribunal A tribunal constituted under section 81 of the ACT Civil and Administrative Tribunal 2008 to review a decision of the tribunal (not all ACAT decisions are appealable at ACAT – you may need to go to the Supreme Court).

  Appellant The individual or company that appeals an ACAT decision.

  Applicant The individual or company that brings a case to ACAT, usually by making an application.

  Authorising laws A law that says an application (including referrals) may be made to ACAT. An authorising law may also set out the powers ACAT has in a case. Also see ‘jurisdiction’.

  Calling a witness A party or their representative will ‘call a witness’ at an ACAT hearing when they ask a witness to give evidence.

  Case Also known as a matter, dispute, application or referral. Cases come to ACAT when ACAT has jurisdiction (power) to make a decision.

  Cross-examination The process of asking a witness questions to test or check the evidence that the witness has given to ACAT.

  Decision What the tribunal decides or determines about an issue or a dispute. The tribunal may sometimes explain why in a statement of reasons.

  Defined benefits are the following benefits (see section 33 of the MAI Act):

  1. income replacement benefits;
  2. treatment and care benefits;
  3. quality of life benefits;
  4. death benefits;
  5. funeral benefits.

  Deliver a decision Also ‘handing down a decision’. This is giving a decision about an ACAT case. It may be done verbally or in writing (or both).

  Directions Instructions that set out what each party must do (and when), often to prepare a case for hearing.

  Directions hearing A short hearing where an ACAT Member or Registrar decides how to manage a case and what needs to be done before a hearing. Find out about directions hearings.

  Ex parte order An order made by ACAT where one or more parties were not present.

  Expert report A written report from an expert that may be used as evidence.

  Expert witness A person with specialised knowledge based on their training, study or experience. An expert can give evidence at a hearing. Find out more about witness statements.

  Final directions hearing Sometimes ACAT will hold a final directions hearing prior to the final hearing of an application. The purpose is to make sure the case is ready to go to a hearing and give the parties a chance to ask questions about the hearing process.

  Guardian A guardian is a person ACAT appoints to make personal decisions, about health, welfare and where a person lives, for a person who has impaired decision-making ability (the ‘protected person’).

  Handed up Giving documents to an ACAT Member or Registrar in a hearing.

  In chambers When ACAT considers something without holding a hearing.

  Joined party (joined/joinder) A party who was not originally a party to the dispute but has later been added to the case.

  Jurisdiction ACAT’s authority (power) to deal with, hear and decide applications (cases).

  Leave If someone asks for leave, they are usually asking for permission to do something.

  List (or listing) A schedule (or list) of cases to be heard at ACAT each day.

  Listing notice A letter or written document from ACAT that sets out when a conference, mediation or hearing is scheduled at ACAT.

  Manager A manager is a person ACAT appoints to make decisions, about property and money, for a person with impaired decision-making ability (the ‘protected person’).

  MAI Act Motor Accident Injuries Act 2019 (ACT).

  Mediation A private meeting where parties discuss ways to resolve their dispute, with the help of an impartial mediator (who is also an ACAT Member or Registrar). It is held under section 35 of the ACT Civil and Administrative Tribunal Act 2008.

  Non-publication and/or non-disclosure order Also called a ‘suppression order’. It is an order that requires certain information not to be published or disclosed. It is made under section 39 of the ACT Civil and Administrative Tribunal Act 2008. Find out about public hearings and confidentiality.

  Notice to parties A letter sent to the parties in a case that sets out the time, date and location for an ACAT conference, mediation or hearing.

  Opening statement Usually means a statement made at the beginning of a hearing to outline the key points in the case. Sometimes parties are asked to give an opening statement at a mediation or preliminary conference.

  Order A direction or instruction of the tribunal that a person do a certain thing. The tribunal can make different types of orders depending on the case type and the tribunal’s powers in a case or dispute.

  Originating application An application that starts an ACAT case.

  Party or parties An individual or company directly involved in an ACAT case, for example an applicant or respondent. Find out how to identify and name parties.

  Preliminary conference A private meeting where parties discuss ways to resolve their dispute with the help of an ACAT Member or Registrar. See section 33 of the ACT Civil and Administrative Tribunal Act 2008. ACAT has different types of preliminary conferences.

  Protected person A person who has impaired decision-making ability and about whom an application to ACAT may be made seeking orders under the Guardianship and Management of Property Act 1991 or the Power of Attorney Act 2006.

  Registry The administrative section of ACAT that accepts documents lodged by parties, handles enquiries and provides support for case management.

  Relevant insurer for a motor accident, means the insurer under the Motor Accident Injuries Act 2019 (see section 34) of the motor vehicle considered to be at fault for the motor accident in the ACT.

  Representative A person who represents or advocates for an individual or company at a conference, mediation or hearing at ACAT. For example, a legal practitioner or an attorney appointed under a general power of attorney.

  Reserved decision When an ACAT Member or Registrar reserves a decision (at the end of a hearing), this means they will give their decision later, either verbally or in writing (sometimes both).

  Respondent The party (or parties) against whom orders or relief is sought.

  Serve/service A person who can give evidence at a hearing. Find out about witness statements.

  Short service order An order that authorises a shorter time for service (than the time otherwise required).

  Significant occupational impact (SOI) Significant impact on an injured person’s ability to undertake employment.

  Statement of reasons A document that explains why ACAT made an order in a case. It sets out the law relied on by an ACAT Member or Registrar and explains how the law was applied to the facts of the case. You can request a written statement of reasons within 14 days after an order is made. Find out about statement of reasons.

  Stay An order for a particular action (or decision) to be put on hold or suspended for a period of time.

  Submission A document that sets out your side of a case or dispute and the relevant law. It is presented to ACAT either in writing, verbally or both. Find out about submissions.

  Subpoena Requires a person to appear at ACAT to give evidence or provide documents (or both). Find out about subpoenas.

  Substituted service order An order that says how a party is to be served with an application or other documents related to the proceedings. In a civil dispute or a rental dispute, an applicant will need to consider asking for a substituted service order if they do not have a physical address for the respondent. Find out about lodging and serving documents.

  Witness A person who can give evidence at a hearing. Find out about witness statements.