Entry for Trial (Form 1)

Rule 37 of the District Court Rules 2005 (WA) requires the plaintiff, unless otherwise ordered, to enter a writ action for trial within 120 days after the first defence is filed, by filing and serving a Form 1. In it the party certifies that discovery, interrogatories, case management orders and expert evidence requirements have been dealt with, that the legal costs notice under rule 36(1) has been given, and that particulars of damages (r 45C) and any building or engineering directions (r 45D) have been complied with. It also lists the dates within 40 days when the parties cannot attend a pre-trial conference. If the plaintiff misses the deadline, the registry sends a Form 2 notice of default (r 38).

When you need it

• Your writ action has reached the point where the interlocutory steps are complete and you can give the certificate.
• The 120-day period from the first defence is running, or a Form 2 notice of default has been issued and its date is approaching (r 38(2)).
• You are a party other than the plaintiff and want to enter the case after a Form 2 has issued, which rule 38(2)(b) allows.

1. 1

   Complete the heading

   Enter the action number, the names of all parties and the registry (Perth unless the case is at a country registry, note 1).

2. 2

   Give the certificate

   Insert the party and keep the statements that apply, deleting the interrogatories and rule 45D lines if they do not apply. The current Form 1 in the rules certifies compliance with Part 5A (expert evidence). The Court's Word file still says RSC Order 36A, which does not apply in the District Court (DCR r 47C).

3. 3

   Check rule 36 first

   A lawyer must not enter the case for trial without first giving the client written notice of the approximate costs to date, estimated future costs, estimated trial length and cost, and the costs the client may have to pay if they lose (r 36(1)).

4. 4

   List unavailable dates

   At least 14 days before entering, ask each other party for their unavailable dates in the next 40 days. A party that does not answer within 7 days is taken to be available on any date (r 37(4)). The Court asks for each party's dates separately if there are no free dates within 40 days (PNC 6.2.1).

5. 5

   Answer the dispensation question

   If attendance at a pre-trial conference has been dispensed with (for example after a mediation, under r 35A), give the date of the order (note 2).

6. 6

   Leave the conference row and sign

   The Court completes the pre-trial conference date, time and place when the form is filed (note 3). Add the contact details, then the name and signature of the person making the certification and the date.

• Lawyers eLodge through the ECMS. Self-represented parties who are not registered users may email districtcourt@justice.wa.gov.au (preferred) or lodge at the registry (PNC 1.2.1). The fee schedule lists an entry for hearing fee (item 6).
• Serve the filed Form 1 on every other party within 5 working days after filing (DCR rr 4, 37(3)).
• The registry then notifies the parties of the pre-trial conference (r 39), which is ordinarily listed within 40 days (PNC 6.2.1). Parties must attend in person, or through an authorised agent for a company (r 40(1)).
• Another party may apply by summons within 14 days to countermand the entry for trial; a party that does not do so successfully is taken to be ready for trial (r 38B).

• Once a case is entered for trial, no party can, without leave, file further pleadings, join parties or seek particulars, interrogatories, discovery or expert disclosure orders (r 38A). Finish those steps first.
• If you need more time, seek an extension by consent order (FC 1) or chamber summons before the case becomes inactive (PNC 1.5).
• Ignoring a Form 2 notice of default puts the case on the Inactive Cases List, and after 6 months there it is taken to be dismissed (PNC 1.4, 1.6).