March 2026
From 24 January 2026 the Disputes Tribunal can hear claims with a value of up to $60,000. Previously it was limited to claims of up to $30,000. This change aims to increase access to justice and reduce the number of claims filed in the District Court.
While this is welcome news, given it is handling claims of up to $60,000, it is now more important to seek legal advice about bringing a claim or responding to a claim in the Disputes Tribunal.
The Disputes Tribunal is a less formal court in which a referee determines a claim. While the referee will consider the law, referees are not required to follow every aspect of the law. This helps keep things simple and practical.
The Disputes Tribunal determines disputes such as disputed debts, property damage claims, and complaints about goods and services.
Claims are heard in private with the aim of creating an even playing field for all parties. The referee runs the hearing and investigates the claim. This is different from the District Court where it is the claimant who must prove the claim.
Referee decisions are binding and enforceable. Decisions can only be appealed on the ground that the referee ran the matter in a way that was procedurally unfair, and that that process influenced the result. This means that unless you can show unfairness you cannot appeal a referee’s decision, even if you consider the decision to be legally wrong.
If you lodged a claim in the Disputes Tribunal prior to 24 January 2026 and abandoned some of your claim to bring it within the old $30,000 limit, you are stuck with that position. You cannot amend your claim to seek an amount greater than $30,000 or withdraw and re-file your claim under the higher limit.
The Disputes Tribunal process is certainly quicker and cheaper than the District Court process. Aside from the initial application fee (which ranges between $61 to $468 depending on the size of your claim), there are no other costs.
Lawyers cannot appear in the Tribunal, which means that even if you lose the case, you are not at risk of being ordered to contribute to your opponent’s legal costs.
On the other hand, as a lay person you may struggle to present your case in the best possible light. Although the Tribunal is more informal than the District Court, the process and the environment can still be confronting.
The referees do not necessarily have legal backgrounds and are also not bound to a technical approach of applying the law. While this less-technical approach is useful in straightforward claims where a quick and pragmatic resolution is warranted, you should certainly consider raising more technical claims in the District Court due to the robustness of the process required.
Importantly, claims usually progress much quicker in the Disputes Tribunal than in the District Court. At the date of writing, the Disputes Tribunal was scheduling hearings within 6 weeks of a claim being filed. In contrast, District Court hearings are commonly heard 1-2 years after filing, having gone through many intermediate steps by that time.
While your lawyer cannot appear for you in the Tribunal, they know what information referees find compelling. They can help you prepare and file your claim or defence and help you prepare your evidence so that you have the best possible chance of success.