Writ of Summons

A general civil claim in the District Court is started by filing a writ of summons. Orders 5 to 9 of the Rules of the Supreme Court 1971 (WA), applied by rule 6 of the District Court Rules 2005, govern its form, indorsements, validity and service. The writ must be indorsed with a concise statement of the nature of the claim and the relief sought (O 6 r 1), must state the plaintiff's geographical address and service details (O 6 r 7), and is issued when sealed by the proper officer (O 5 r 6). It is valid for service for 12 months from issue unless extended (O 7 r 1). The Court publishes this Word template.

When you need it

• You are starting a civil claim in the District Court, for example a personal injury claim or a contract or debt claim up to $750,000 (excluding interest), according to the Court's website.
• You need the defendant to enter an appearance if they want to defend. If they do not, you may seek default judgment (O 13).
• A company plaintiff must act through a lawyer, as the Court's self-represented litigants guide explains.

1. 1

   Complete the heading and document details

   Insert the parties' names and fill in the date of document, filed on behalf of, prepared by, and the address, phone, email and reference.

2. 2

   Name and address the defendant

   Insert the defendant's name and address. The template gives 10 days to enter an appearance, which suits service in WA less than 300 km from Perth. Use 16 days for 300-600 km, 21 days for 600 km or more, the Service and Execution of Process Act time for interstate service, and 42 days outside Australia unless the Court orders otherwise (O 5 r 11).

3. 3

   Write the indorsement of claim

   State concisely the nature of the claim and the relief or remedy sought (O 6 r 1). The statement of claim can be indorsed here instead, except in fraud, defamation and certain other claims (O 6 r 3).

4. 4

   Complete the place of trial and costs

   The template shows Perth; a writ must show any other proposed place of trial (O 5 r 3). For a debt or liquidated demand only, state the amount claimed and the costs to service. The writ must say that paying them within the time for appearance stays the proceedings (O 6 r 4).

5. 5

   Give the plaintiff's addresses

   Insert the plaintiff's geographical address (where they live or, for a company, the registered office) and service details: a postal address, plus optional email or fax, which are then taken to be consented to for service (O 6 r 7; O 71A rr 2, 3).

6. 6

   Complete the indorsement as to service after serving

   Within 3 days after service, the person who served the writ must indorse the sealed copy with the day and date, place and person served (O 9 r 1(4)).

• File the writ with the filing fee; the fee schedule lists the writ under fee item 1. Lawyers must eLodge through the ECMS. Self-represented parties who are not registered users may email districtcourt@justice.wa.gov.au or lodge at the registry (PNC 1.2.1).
• Serve each defendant personally (O 9 r 1(1)). A defendant's solicitor may instead indorse acceptance of service on the writ (O 9 r 1(2)). The Court's guide recommends using a process server.
• Serve within 12 months of issue, or apply before it expires to extend validity (O 7 r 1). If no affidavit of service or appearance is filed within 6 months, the Court may call on you to show cause why the writ should not be struck out (O 7 r 4).
• The statement of claim, if not indorsed on the writ, must be served within 14 days after the defendant appears (O 20 r 1).

• Do not skip the 3-day service indorsement. Without it you cannot enter default judgment for non-appearance (O 9 r 1(4)).
• Adjust the appearance period on the template if the defendant will be served far from Perth, interstate or overseas.
• A post office box is not a geographical address (O 71A r 1(2)(b)).