DebtCallCourt fees and solicitor bills can make chasing a debt feel like it costs more than the debt is worth. So it's natural to ask: can I just do this myself? For many small, straightforward debts, the answer is yes – Australia's small-claims systems are built for exactly that. But "can" and "should" aren't the same question, and whether DIY is a smart move depends heavily on who you are, how big the debt is, and whether the debtor fights back. Here's what you need to know before you file anything yourself.
Who is actually allowed to self-represent
The first thing to sort out is whether you're even permitted to run your own case, because the rules differ depending on your business structure.
If you're an individual or a sole trader, you have a clear right to represent yourself in a civil debt claim, all the way up the court hierarchy. A sole trader is legally the same person as the individual behind the business, so that right travels with you.
If your business is a company (a Pty Ltd), the picture changes. As a general rule in the ordinary courts, a company cannot represent itself – it's a separate legal entity and must usually act through a solicitor. A director generally can't simply stand up and appear for the company; courts allow it only in narrow circumstances and often require the court's permission. Get this wrong and a court can dismiss your proceedings and order costs against you. So a company plaintiff in a "proper" court usually needs a lawyer, whether it wants one or not.
The big exception is the small-claims tribunals and divisions, which are designed for lay people and relax these rules. In Queensland's QCAT, for example, a company can appear through an authorised officer without needing the tribunal's permission, because that officer is treated as acting as the company rather than as its legal representative. These forums are where DIY genuinely works.
Where DIY is built to work
Each state has a small-claims track designed for self-represented parties, with informal procedure and relaxed rules of evidence: the NSW Local Court Small Claims Division (debts up to $20,000), Victoria's Magistrates' Court arbitration for defended claims under $10,000, and QCAT's minor debt claims in Queensland (up to $25,000). These are deliberately low-formality – QCAT even generally requires the tribunal's leave before a party can bring a lawyer at all, precisely to keep the playing field level for people representing themselves.
The pros
The obvious win is cost: no solicitor fees, which matters most when the debt is small relative to what legal help would cost. These forums are informal and accessible – often starting with a pre-trial review aimed at settlement – and built on the assumption that ordinary people will run their own matters. And nobody knows your case better than you do: you lived the transaction, you have the invoice, the emails and the paperwork.
The cons
DIY is not free of cost, just free of legal fees. It takes time and mental energy, and it can be stressful. Small-claims tracks are informal, but step outside them into a proper court – for a larger or defended debt – and you're facing strict rules of procedure, evidence and pleading that are genuinely hard to navigate alone. There's real risk of getting it wrong: suing the wrong entity, drafting defective claims, or missing a deadline can sink an otherwise good case. In small claims, legal costs are usually not recoverable even if you win, so there's little upside to lawyering up but also a cap on what you'll get back. If the matter becomes defended by a well-resourced, represented opponent, a self-represented creditor is at a disadvantage. And winning is only half the job – enforcing a judgment against a debtor who won't pay (or can't) is a separate process again.
When DIY makes sense – and when to get help
As a rule of thumb, DIY suits a small, clearly documented, undefended debt that fits within a tribunal's threshold, where you're an individual or sole trader (or a company in a tribunal that allows an officer to appear). Reach for a lawyer when the debt is large or sits in a higher court, when it's defended or legally complex, when your company needs to appear in an ordinary court, or when you're up against a represented opponent. Court and tribunal websites publish helpful step-by-step guides and forms, and registry staff can explain process – but they can't give you legal advice about whether or how to sue.
The step that often makes court unnecessary
Here's the part worth remembering: most debts never need a courtroom at all. A formal letter of demand resolves a large share of unpaid invoices before you ever have to weigh up self-representation, filing fees or solicitors. It's the cheapest, lowest-effort first move – and it keeps every other option open.
That's exactly the role DebtCall plays. As a law firm, it issues a formal letter of demand for the Pre-Court Fee, delivered by email and SMS, with a few automated reminders and a way for the debtor to propose a payment plan. Payment goes straight to your own account. And if a matter does need to escalate, DebtCall can act for you in court as your law firm – so you're never forced to choose between doing it all yourself and doing nothing. Start with the demand; decide about court only if you have to.
This article is general information only and is not legal advice. Court and tribunal rules and thresholds vary by state and change over time.
Owed money? Start a case with DebtCall for the Pre-Court Fee – a law-firm letter of demand by email and SMS. For advice about your own situation, contact us, or learn more about DebtCall.