Legal Project Management Plan & Checklist
Recover an unpaid debt in the Magistrates Court of Tasmania as the claimant: demand, claim, service, default judgment, defences and enforcement.
How much can you claim in the Magistrates Court of Tasmania?: The Court's civil jurisdiction is limited to actions for an amount not exceeding the prescribed amount, which section 3 of the Magistrates Court (Civil Division) Act 1992 fixes at $50,000 (s 7). A claim for money of $15,000 or less is a minor civil claim under regulation 3(1) of the Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023, in effect from 10 December 2023. A claim over $50,000 can proceed only if every party files a written consent under s 11 of the Act.
How long does a defendant have to file a defence in Tasmania?: Rule 48(1) of the requires a defence within 21 days after service of the claim, but r 48(2) allows a defence to be filed at any time before default judgment is entered. If no defence is filed within 21 days after the date of service, the claimant may enter default judgment on filing an affidavit of service (r 116(1)). Service other than personal, fax or EDX service takes effect 2 business days after service (r 41(1)).
Can a lawyer act in a minor civil claim in Tasmania?: Section 31AD(1) of the Act says a legal practitioner is not to represent a party in a minor civil claim unless another party is a legal practitioner, all parties agree, or the Court considers the party would be unfairly disadvantaged without one. Section 31AF(1) also limits costs in minor civil claims, so on claims of $15,000 or less a creditor usually bears its own legal costs. The Court's minor civil claims page says parties must generally represent themselves.
Jurisdiction: Tasmania, Australia. The Magistrates Court of Tasmania exercising civil jurisdiction in the Civil Division, with registries at Hobart, Launceston, Burnie and Devonport. Minor civil claims are heard within the same Division under Division 4 of Part 5 of the Act.
The Process at a Glance: After checking the limitation period and the debtor's correct legal name, the creditor's lawyer sends a letter of demand. If it goes unpaid, a Claim (Form 1) is filed at a registry and served on the defendant within one year of filing, usually personally or by registered post, and service is proved by affidavit. The defendant has 21 days after service to file a defence. If none is filed, the claimant enters default judgment (Form 21) without delay. If a defence is filed, a minor civil claim generally goes to a conciliation conference and a larger claim to a directions hearing, with offers of compromise, discovery and witness evidence before trial. Once judgment is entered, the creditor enforces by garnishee order against wages or a bank account, a warrant to sell property, or an oral examination of the judgment debtor.
Key Legislation: Magistrates Court (Civil Division) Act 1992 (Tas) - s 3 (prescribed amount and minor civil claim), ss 7, 8, 11 and 12 (jurisdiction, consent and strike-out), s 25 (interest to judgment), s 26 (interest on judgments), s 28 (appeals), ss 31AB to 31AF (minor civil claims) and s 31A (enforcement powers). Magistrates Court (Civil Division) Rules 1998 (Tas) - r 25 (claim), r 26 (one-year service), r 33 (dismissal), rr 40 to 43 (service), r 48 (defence), rr 80 to 88 (conferences), rr 89 to 96 (offers and payments into Court), rr 113, 116 and 117 (default judgment), Part 8 (garnishee orders and warrants) and rr 141 to 143 (costs consequences). Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023 (Tas) - reg 3 ($15,000). Limitation Act 1974 (Tas) - s 4 (6 years for simple contract, 12 years for a specialty) and ss 29 and 30 (acknowledgement and part payment). Supreme Court Rules 2000 (Tas) - r 5A (prescribed interest rates) and rr 888 to 890 (examination of a judgment debtor).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Debt Recovery (Claimant) - TAS - Magistrates Court Civil Claim matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Client onboarded, debt verified, limitation and jurisdiction confirmed, and the debtor formally put on notice.
Proceedings commenced in the right registry with an accurate, properly particularised claim.
Valid, provable service and an accurate date from which default judgment can be sought.
Judgment secured quickly where the claim is not defended, and a clear strategy where it is.
A defended claim resolved by enforceable settlement or by judgment after trial, with costs risk managed.
The judgment debt recovered or every realistic enforcement option exhausted and documented.
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