Magistrates Court of WA
Posted by seo This article provides some guidance in start action in the Magistrates Court of Western Australia.
scope
The Magistrates Court of WA is split into 2 legal powers: the criminal and civil jurisdiction. This article will discuss the civil jurisdiction.
The Court’s civil jurisdiction is responsible for:
- debt claims 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 renting value of $75,000
So what’s the difference?
A person can elect to their claim dealt with under the minor case division if they have a claim that is under $10,000.00. Minor Case Claims are less formal than a general procedure claim. When the defendant files a notice of intention to defend, the case will be set for a pre-trial conference. At pre-trial conference, the Court will attempt to bring the parties to a settlement. Parties to a minor case claim cannot have lawyers represent then unless there are special reasons .
A general procedure claim is more formal and the parties can have lawyers represent them. A person can elect to commence a general procedure claim, no matter the amount of the claim. You must commence a general procedure claim if their claim is over $10,000.00 (you cannot begin a minor case claim).
How to Commence A Claim
If you believe that you have a legal claim (such as a debt recovery action) against someone for up to $75,000.00, then we always would tell you that you write a letter of demand to them giving the person a reasonable amount of time to pay your demand. We usually recommend that you give between 14 and 21 days to pay.
The next step that should take to commence legal action in the Magistrates Court is to complete one the following forms:
- for an general procedure claim, you need to fill out a form 3.
- for a minor case claim, you need to fill out a form 4. (please click the above link to get a copy of these forms)
This information will assist when receiving advice from a lawyer in Western Australia.
