Response to Application (Form 24)

Rule 112 of the Magistrates Court (Civil Proceedings) Rules 2005 (WA) says a party served with an application must, no later than 14 days after being served, lodge and serve a response stating whether it consents or objects to each order sought, an affidavit supporting the response unless it consents to every order, and any related application of its own. The response must be in the approved form, which is Form 24. If a party does not respond, a registrar may grant the application if satisfied the applicant is entitled to relief, or refer it to a magistrate (r 113A).

When you need it

• You have been served with a Form 23 Application in a Magistrates Court civil case.
• You agree to all, some or none of the orders sought and need to tell the court which.
• You want to bring your own related application at the same time; it must be lodged and served with the response (r 112(1)(c)).

1. 1

   Copy the heading

   Use the registry, case number and party names from the application you were served with.

2. 2

   Identify the application

   State whose application you are responding to (claimant, defendant or third party) and the date of the application.

3. 3

   Tick consent or objection

   Tick that you consent to every order sought, or list the orders you consent to and the orders you object to. Refer to the orders by their numbers in the application.

4. 4

   Attach the supporting affidavit

   Unless you consent to every order, tick the box confirming your supporting affidavit is attached, and prepare it on Form 2 (r 112(1)(b); Fact Sheet 21A).

5. 5

   Sign, date and give an address for service

   The party or its lawyer signs and dates the response, and the lodged-by panel gives the address for service and contact details (r 102).

• Lodge and serve the response, any affidavit and any related application no later than 14 days after you were served with the application (r 112(1)).
• Lodge through eLodgment on the eCourts Portal (r 98C). The supporting affidavit must be signed and lodged in PDF format (r 98E(5)).
• Serve the sealed copies on the applicant and every other party (r 100).
• After the response is lodged, the court may list the application for hearing before a magistrate or decide it without a hearing in the absence of the parties (Fact Sheet 21A).

• Do not ignore an application. If no response is lodged and served, a registrar can grant it on the papers (r 113A).
• If you agree to some orders, say so. Narrowing what is in dispute can shorten or avoid a hearing.
• If you need more time, raise it with the other side early; any agreed orders can be put in a Form 49 Memorandum of Consent.