Magistrates Court of Western Australia

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• Civil Matters
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Civil Matters

The Magistrates Court deals with civil matters that involve:

• claims for debt or damages of up to $75,000;
• minor claims for debt or damages up to $10,000;
• consumer/trader claims over the sale, supply or hire of goods or services;
• residential tenancy matters involving amounts up to $10,000; and
• claims for the recovery of 'real property' up to a gross rental value of $75,000.

From May 2005, many cases that previously would have commenced in the District Court now start in the Magistrates Court, giving people access to more court locations and the ability to resolve civil disputes more quickly and with less formality and expense.

For claims of $10,000 or less, people can elect to have access to a less formal dispute resolution process where the main objective is to bring the parties to an acceptable settlement, generally without lawyers and with more privacy for parties.

A range of forms has been developed which must be used in all civil proceedings initiated in the Magistrates Court.

To download any of these, select the relevant Act, rule or regulation from the left-hand menu.

A range of fact sheets is also available to guide you through civil proceedings in the Magistrates Court.

 

1. Understanding civil proceedings

2. How to commence a general procedure claim

3. How to commence a minor case claim

4. Consumer/ trader claim

5. Statement of claim

6. Statement of defence

7. Claiming interest

8. Serving a court document

9. When a claim has been served

10. When served with a claim

11. Change of venue

12. Pre-trial conferences minor claim

13. Pre-trial conferences general procedure

14. Listing conferences

15. Mediation

16. Trial

17. Summonsing a witness

18. Damages (unliquidated amount not exceeding $10,000)

19. Damages (exceeding $10,000)

20. Summary judgment

21. Application

22. Preparing yourself for court

23. Enforcing a judgment

24. Means Inquiry - information for the judgment creditor

25. Means Inquiry - information for the judgment debtor

26. Applying for a suspension order

27. Property (seizure and sale) order - information for the judgment creditor

28. Property (seizure and sale) order - information for the judgment debtor

29. Interpleader proceedings

30. Debt appropriation order

31. Property (seizure and delivery) order

32. Default enquiry - information for the judgment creditor

33. Default enquiry - information for the judgment debtor

34. Earnings appropriation order

35. Warrant for arrest

36. Order for arrest and imprisonment for contempt of court where imprisonment previously suspended

37. Contempt of court

38. Violence Restraining Order

39. Misconduct Restraining Order

40. Extraordinary Motor Driver's Licence

45. Review of a Court Officer's Decision