General Procedure Claim (Consumer/Trader) (Form 7)

Section 7 of the Magistrates Court (Civil Proceedings) Act 2004 (WA) defines a consumer/trader claim: a claim by a consumer or a trader against the other, arising out of a contract for the supply of goods or services, that seeks the performance of work or services, the payment of or relief from paying money, or the return or replacement of goods, of a value not more than the jurisdictional limit, which is $75,000 (s 4). The court has jurisdiction over these claims under s 6(1)(c). Form 7 is the approved originating claim for bringing one under the general procedure. Under r 7 of the Rules the claim is lodged and served together with a response form, may include a statement of claim, and must be served personally within one year after lodgment. The Form 7 package includes the defendant's Form 15D response.

When you need it

• You are a consumer or a trader and the dispute arises from a contract, written or oral, for goods or services between you (Act s 7(1) and (3)).
• You want work performed, money paid or not payable, or goods returned or replaced, and the value is not more than $75,000.
• A claim of $10,000 or less can instead be started as a minor case claim (Fact Sheet 4).
• Residential tenancy disputes are outside this definition: a tenant is not a consumer and a lessor is not a trader under s 7(1).

1. 1

   Claimant and defendant

   For each party tick consumer or trader and give the full name (a trader's full trading name) and address with postcode. Under s 7(1) a consumer is a natural person buying or hiring goods, or receiving services, other than for resale, letting or a business.

2. 2

   Claimant's address for service

   Tick whether it is your residential or principal place of business address, a registered office or your lawyer's principal place of business, and enter it (r 102).

3. 3

   Method of service

   Tick claimant service (you serve it) or bailiff service (the court's bailiff serves it for a fee).

4. 4

   Amount and fees

   Enter the amount of the claim. The registry assesses the applicable fees, which are added to give the total claimed. The lawyer's letter of demand and lawyer's costs boxes apply only to claims over $10,000.

5. 5

   Remedy or relief and description of claim

   Tick the relief sought (performance of work, provision of services, payment of money, relief from payment, return of goods or replacement of goods) and describe the dispute, including the date of the transaction, when the problem arose and what went wrong (Part C notes).

6. 6

   Sign each copy and keep the response form

   Part C says to sign each copy of the claim. The Form 15D response, with Parts F and G, must stay with the defendant's copy because the claim has to be served with a response form (r 7(2)).

• Lodge the claim through eLodgment on the eCourts Portal (Fact Sheet 4; r 98C). A filing fee applies that depends on the amount claimed and the type of party; check the current fee schedule.
• Serve the sealed defendant's copy, with the response form, personally and within one year after lodgment (rr 7(4), 7(5) and 100). Prove service with a Form 11 affidavit, or a Form 10 certificate if a bailiff served it.
• The defendant must lodge its response within 14 days after the claim is served (r 9(1)).
• If the defendant indicates an intention to defend and you did not lodge a statement of claim (Form 19) with the claim, you must lodge and serve one within 14 days after receiving that response (r 7A(1)(a)). The defendant then has 14 days after service to lodge and serve a statement of defence (r 10(1)), and you have 14 days after being served with it to apply for a pre-trial conference (r 39(3)).

• Check the parties fit the definitions before using Form 7. A business buying for its business is not a consumer, so its claim would be an ordinary general procedure claim on Form 3.
• Give the defendant's correct legal name. For a company, search the ASIC register for its registered office (Fact Sheet 2).
• An email address in the address for service lets documents be served electronically where personal service is not required (Part C notes).