# Certain plaintiffs may choose small claims procedure in magistrates courts

> act-s140SC — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

140SC Certain plaintiffs may choose small claims procedure in
         magistrates courts
          (1) This section applies if:
               (a) a person brings proceedings under section 140S in a
                    magistrates court; and
               (b) the person indicates, in a manner prescribed by the
                    regulations or by rules of court relating to that court, that the
                    person wants a small claims procedure to apply in relation to
                    the proceeding.
          (2) The procedure is governed by the following conditions:
               (a) the court may not award an amount exceeding $5,000 or such
                   higher amount as is prescribed;









                 (b) the court may act in an informal manner, is not bound by any
                     rules of evidence, and may act without regard to legal forms
                     and technicalities;
                 (c) at any stage of the action, the court may amend the papers
                     initiating the action if sufficient notice is given to any party
                     adversely affected by the amendment;
                 (d) a person is not entitled to legal representation unless allowed
                     by the court.
          (3) If the court allows a person to have legal representation, the court
              may, if it thinks fit, do so subject to conditions designed to ensure
              that a party is not unfairly disadvantaged.
          (4) Despite paragraph (2)(d) and subsection (3):
               (a) in a case heard in a court of a State—if, in a particular
                   proceeding (whatever the nature of the proceeding) the law of
                   the State prohibits or restricts legal representation of the
                   parties, the regulations may prohibit or restrict legal
                   representation of the parties to the same extent as that law;
                   and
               (b) in a case heard in a court of a Territory—the regulations may
                   prohibit or restrict legal representation of the parties.