Acknowledgement of Receipt of Offer of Settlement (Form 40)
Form 40 is the Magistrates Court of Western Australia acknowledgement that a party has received an offer of settlement in a civil claim. It must be served within 3 working days after the offer is served.
Word document from Magistrates Court of Western Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Magistrates Court of Western Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 40
- Version
- vfae2a780
- Last updated
- 14 October 2026
Magistrates Court of Western Australia · Magistrates Court (Civil Proceedings) Rules 2005
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 40 is for
Under r 59 of the Magistrates Court (Civil Proceedings) Rules 2005 (WA), a party who receives an offer of settlement must, within 3 working days after the offer is served, serve an acknowledgment of receipt on the party who made it, in the approved form. Form 40 is that form. Acknowledging receipt does not accept the offer: it simply confirms the offer has arrived, which matters because the time to accept runs from when the offer is made (r 60).
When you need it
- You have been served with a Form 39 offer of settlement in a general procedure claim.
- You must use it whether or not you intend to accept the offer.
- To accept the offer, you lodge and serve a separate Form 42 Acceptance of Offer of Settlement (r 61).
How to fill it in
- 1
Complete the heading
Enter the registry, case number and the names of the claimant and defendant as in the claim.
- 2
Identify the parties and the offer
Select which party is acknowledging receipt and which party made the offer, and insert the date of the offer of settlement.
- 3
Date and sign
Date it and have the claimant, defendant, third party or lawyer sign.
- 4
Address and contact details
Name the recipient in the 'To' lines, tick who is lodging or sending it, and give an address for service and contact details.
Filing, lodging and service
- Serve the acknowledgment on the party who made the offer within 3 working days after the offer was served on you (r 59(1)).
- Rule 59 requires service on the offering party; it does not require the acknowledgment to be lodged with the Court.
- Service is by delivery or pre-paid post to the address for service given by that party, or by email or fax where the Magistrates Court (General) Rules 2005 allow (r 101).
Common mistakes
- Diarise the acceptance deadline as soon as the offer arrives: at least 28 days if the offer states a period, otherwise 28 days after the offer was made (r 60).
- Keep offers and acknowledgments confidential. An offer must not be lodged or disclosed to the Court except as Division 2 allows, and is taken to be without prejudice unless it says otherwise (r 58).
- Keep a record of how and when you served the acknowledgment.
Frequently Asked Questions
Does acknowledging an offer of settlement mean I accept it?
No. Form 40 only confirms receipt. Acceptance is a separate step using Form 42, lodged and served on the party who made the offer (r 61).
How long do I have to acknowledge an offer in the WA Magistrates Court?
Three working days after the offer is served on you (r 59(1)).
Can the offer be shown to the magistrate?
Not except as the rules allow. Offers must not be lodged with or otherwise disclosed to the Court except in accordance with Division 2 of Part 12 (r 58(1)).
Checked against the official sources on 26 October 2026
- Magistrates Court (Civil Proceedings) Rules 2005 (WA) rr 57-61, 101 (version 04-a0-00, current from 2 July 2026)
- Magistrates Court of WA - Form 40 Acknowledgement of Receipt of Offer of Settlement (Word)
- Magistrates Court of WA - Form 39 Offer of Settlement (Word)
- Magistrates Court of WA - Forms
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
6 boxes on the Acknowledgement of Receipt of Offer of Settlement (Form 40) fill from your matter.
- Our Firm
- Firm email, Firm name, Firm phone
- Matter
- Matter / file reference
- Court
- Court file number
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