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Section : What is a small claim proceeding?
Domain : Human Resource Management
Classification : Not Identified
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A small claim proceeding in the Federal Circuit and Family Court of Australia or a State Magistrates Court is a way by which a person can seek to recover unpaid monies. The proceedings are generally more informal than other court proceedings and each party can only be represented by a lawyer if permission is given by the court. You can recover up to $100,000 through the small claim procedure. In some cases, the court may allow the successful applicant to recover any court filing fees paid from the respondent. A pecuniary penalty order cannot be sought through this procedure. If an unfair dismissal order for compensation is more than this, you can still make a claim for enforcement of the order using other court procedures. Further information regarding small claims procedures can be found at section 548 of the Fair Work Act (FW Act). For further information on filing a small claim in the Fair Work Division of the Federal Circuit and Family Court of Australia visit fcfcoa.gov.au/resources/forms If a person wishes to file a claim through a State Magistrates Court they can contact that court directly.