Claims in the Magistrates Court

If other attempts to get money you are owed have failed, you can go to the Magistrates Court of WA to apply for a court order for the money you are owed up to $75,000.  There are no guarantees that what you are owed will be recovered in this way. If you are unsuccessful in some cases, you could be ordered to pay the costs of the other party.

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You should always get legal advice before starting or responding to a claim.

Find out:

  • The types of cases the Magistrates Court can deal with
  • Who’s who in these cases
  • What are the types of claims in the Magistrates Court to recover debts
  • The difference between general procedure and minor case claims
  • What are consumer/trader claims.

What types of debt related cases can the Magistrates Court deal with?

The Magistrates Court of WA has a civil jurisdiction to deal with matters including:

  • a monetary claim for debt or damages (for example, damage to property from a motor car crash)
  • a consumer/trader claim

up to $75,000.

A residential tenancies claims under $10,000, and claims for the recovery of real estate up to $75,000, can also be dealt with by the court.

The Magistrates Court cannot hear civil matters that involve:

Who’s who in these cases?

The claimant is the person who starts the case.

The defendant is person against whom the claim is made.

What are the types of claims in the Magistrates Court of WA dealt?

There are:

  • General procedure claims
  • Minor case claims
  • Consumer trader claims
  • Residential tenancy applications.

What are minor case claims?

You can choose to have your claim heard as a minor case if:

  • it is for an amount of up to $10,000
  • it is a residential tenancy dispute involving an amount up to $10,000.

The aim of the minor cases procedure is to help the parties to come to an agreement generally without lawyers.

If you and the defendant cannot or will not agree, the court must hear the matter at a trial and make a decision. This is only done as a last resort.

The process in minor case claims is informal and proceedings are not as complex as in those for general procedure claims. You are not expected to follow the 'rules of evidence'.

All proceedings are to be held in private unless the court otherwise orders.

You and the defendant cannot have lawyers unless all parties and the magistrate agree.

What are general procedure claims?

These claims in the Magistrates Court deal with disputes about amounts between $10,000 and $75,000.

A claim of less than $10,000 can still be started as a general procedure claim, but, in most cases, if you have a lawyer, you will have to pay your own legal costs even if you win.

The procedure in a general procedure case is more formal than in a minor case. The rules of evidence apply at the trial.

What are consumer/trader claims?

These deal with disputes between a consumer and a trader over the sale, supply or hire of goods or services up to $75,000. These claims may start as a general procedure or minor cases consumer/trader claim depending on the value of the claim.

Which residential tenancy matters can be dealt with?

Owners or tenants can apply to enforce certain conditions of a residential tenancy agreement or claim monies under the agreement which do not exceed $10,000.

 

More information

 

Reviewed: 11 April 2018

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.