Magistrates Court of Western Australia

Inactive Cases FAQs

I previously believed my matter was dismissed as it was not removed from the Inactive Cases List, and I commenced new proceedings, what do I do now?

The Court is unable to provide a response, as it may constitute legal advice. Please seek legal advice.

The Court ordered that my case was inactive, and I pay costs to the other side, as a result of not removing the case from the inactive cases list before it was dismissed. I have paid those costs to the other side. What do I do now?

The decision of the Court is remains unchanged, until such time as it is set aside on appeal. Please seek legal advice, as to the options available to you.

Will the case being reinstated, and now being deemed inactive affect my credit rating?

Rule 41A of the Magistrates Court (General) Rules 2005 (WA) sets out that the Magistrates Court is authorised to share with approved recipients the following information in respect of civil proceedings:

  • The names and addresses of the parties
  • The amount and nature of the claim
  • The amount of any judgment entered and
  • Whether the case has been dismissed or discontinued.

The Magistrates Court has agreements made between the State of Western Australia and credit reporting bodies, and will share new information as required under Rule 41A of the Magistrates Court (General) Rules 2005 (WA).

The Court is unable to comment on whether this will have an effect on your credit rating. Please seek legal advice, as to the options available to you.

The other party refuses to sign the Form 49 - Memorandum of Consent application, seeking that the Court make a final order disposing of the case. What can I do?

If you commenced the claim against the other party, you may wish to consider lodging a Form 57 - Notice of Discontinuance of Claim. If you had proceedings commenced against you, please seek legal advice as to the options available to you.

How can I lodge the Form 57 - Notice of Discontinuance / Form 23 - Application / Form 49 – Memorandum of Consent Order with the Court?

If you are registered user of the eCourt Portal, you may wish to lodge your application online.

If you are not a registered user of the eCourt Portal, you may lodge your application at the Court registry where the claim was being heard, either by facsimile, or over the counter at the Court.

I have learned that the other party is deceased. What can I do now?

If you commenced the claim against the other party, you may wish to consider lodging a Form 57 - Notice of Discontinuance of Claim. If you had proceedings commenced against you, please seek legal advice as to the options available to you.


Last updated: 27-Jun-2019

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