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Australia: small claims limits by state for an unpaid invoice

Australian freelancers: where to file a small claim for an unpaid invoice in NSW, VIC, QLD, WA and SA, and what to send first.

Australia has no general statutory late-payment interest for B2B invoices, so fees and interest depend on your terms (though courts can award interest on judgments). Small debts go to state forums: NSW Local Court Small Claims Division (up to $20,000), VCAT or the Magistrates' Court in Victoria, QCAT minor civil disputes in Queensland (up to $25,000), WA Magistrates Court minor cases (up to $10,000), and SA Magistrates Court minor civil (up to $12,000). Check the current limits and send a letter of demand first.

This is a general summary that may be out of date. Not legal advice. Verify current rules on official government or court websites.

Template

Subject: Overdue invoice [INV-123]: [amount] due [due date]

Dear [Name],

Invoice [INV-123] for [amount] for [services] was due on [due date] and remains unpaid despite my reminders of [dates].

Please pay the outstanding balance [plus interest/compensation permitted by law or our agreement: state the basis] by [date].

If payment is not received by then, I intend to [next step for this jurisdiction] without further notice.

If you dispute any part of the invoice, please tell me in writing by that date.

Regards,
[Your name]

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Tips

FAQ

Can I charge interest without a clause?

Not as a fee; but a court may award interest on the debt.

What is security of payment?

State laws for construction-related work allowing fast adjudication of payment claims.

General information and draft wording only. Not legal advice. PaidNudge is not a law firm or a debt collector. Check your contract and local rules, or ask a qualified lawyer, before relying on any late fee, interest or court step.

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