Victorian legal guide

Being sued or owed money? How civil claims work in Victoria

General information for people in Victoria · ORLA Connect

Civil disputes — unpaid debts, broken contracts, disputes with a business or neighbour — follow a fairly set path in Victoria. Whether you’re owed money or being chased for it, here’s how it generally works.

Start with a letter of demand

Most claims begin with a letter of demand setting out what’s owed and giving a deadline to pay or respond. Many disputes settle here, and a clear, documented demand also strengthens your position if it later goes to court.

Which court or tribunal?

Where a claim is heard depends mainly on how much it’s worth: the Magistrates’ Court handles claims up to $100,000, the County Court larger claims, and the Supreme Court the largest or most complex. Many consumer, tenancy and building disputes instead go to VCAT, which is designed to be quicker and less formal.

If you’ve been served — respond fast

If you receive a complaint or claim, there are strict time limits to file a defence (often around 21 days). Ignoring it risks a default judgment against you — which can lead to enforcement against your wages or property — so get advice quickly even if you dispute the claim.

Time limits to bring a claim

If you’re the one owed money, don’t wait too long. Most contract and debt claims in Victoria must be started within six years, and some claims have shorter limits. Once a limitation period passes, you can generally no longer sue.

Costs, settlement and mediation

Litigation costs money and time, and the general rule is that the losing party pays a portion of the winner’s costs. Courts encourage — and often require — parties to try mediation first. A lawyer can weigh up whether to settle, negotiate or press on based on the strength and value of the claim.

How to get help the easy way

You don’t have to work out who to call. Post your matter on ORLA Connect and up to four verified Victorian civil litigation lawyers review it and reply with how they can help and their fees. It’s free to post, private, and there’s no obligation to proceed.

Post your matter — free →

Common questions

I’ve been served with a claim — what do I do?

Act quickly. There are strict deadlines (often about 21 days) to file a defence, and ignoring a claim risks a default judgment and enforcement against your wages or property. Get advice even if you dispute it.

Which court handles my civil claim in Victoria?

It mainly depends on value: the Magistrates' Court up to $100,000, the County Court for larger claims, and the Supreme Court for the largest or most complex. Many consumer, tenancy and building disputes go to VCAT instead.

How long do I have to sue someone who owes me?

Most contract and debt claims must start within six years in Victoria, and some claims have shorter limits. Once the limitation period passes, you generally can't sue, so don't delay.

Do I have to go to court, or can we settle?

Most civil disputes settle without a full hearing, and courts often require mediation first. A lawyer can help you negotiate or decide whether pressing on is worth the cost and risk.

Civil lawyers in Victoria

Get matched with firms that handle this — free.

Is it a building dispute?

Defects, unfinished work & builder insolvency.

This article is general information only and is not legal advice. Deadlines and thresholds can be strict and change over time — for advice about your situation, post your matter and a matched Victorian law firm can help.