How do I start a civil claim in the Queensland Magistrates Court?

Commencing civil litigation in the Queensland Magistrates Court is governed by the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). On the Gold Coast, this process begins at the Southport courthouse registry.

Step 1: Pre-Litigation (The Letter of Demand)

Before filing a claim, you should send a formal Letter of Demand giving the other party (the defendant) a final opportunity (ordinarily 14 to 30 days) to resolve the matter. Failure to do so may penalize you on costs later in the proceeding if you win.

Step 2: Preparing and Filing the Claim

To commence a proceeding, you must file:

1. Form 2 — Claim: A document that formally starts the action and identifies the parties.
2. Form 7 — Statement of Claim: A document that sets out the specific facts of your claim in numbered paragraphs.

Filing Fees: A filing fee (scaled to the value of your claim) is payable to the court registry at the time of lodgement. Most fee payments are accepted via cash, EFTPOS, or cheque.

Step 3: Service of Process

Once the court has “sealed” (stamped) your documents, the Claim must be personally served on the defendant. You cannot serve the documents yourself; service must be performed by a third party (such as a professional process server). The server then prepares a sworn Affidavit of Service as proof for the court.

Step 4: The Defendant’s Response

After being served, the defendant has 28 days to file a Notice of Intention to Defend and a Defence. If they fail to do so, you may apply to the court for default judgement. If they do file a defence, the matter will proceed to disclosure and eventually a hearing.

Related Topics

• Which court hears my civil dispute on the Gold Coast?
• The Southport Litigant’s Handbook
• Southport Commercial Law FAQ
• Criminal Law FAQ
• Contact Bell & Senior

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