Response to General Procedure Claim (Form 15)

A general procedure claim is lodged and served with an approved response form (r 7(2) of the Magistrates Court (Civil Proceedings) Rules 2005 (WA)). The party served must complete it and lodge it within 14 days after the claim is served, and the Court gives a copy to every other party (r 9). Form 15 is the response for a general procedure claim. In it a defendant can admit the whole claim and offer to pay by instalments or by a date (r 29A), admit part and offer an amount in full satisfaction (r 29B), admit liability for an unliquidated claim but ask the Court to decide the amount (r 29C), or say it intends to defend. Part G applies for a change of venue under s 22 of the Magistrates Court (Civil Proceedings) Act 2004.

When you need it

• You have been served with a general procedure claim in the Magistrates Court of WA.
• Use Form 15D instead for a consumer/trader general procedure claim, Form 15A for a minor case claim and Form 15C for a third party claim (Court forms page).
• Lodge it whether you admit or defend; Fact Sheet 10 notes that if you will pay the claim in full, you pay the claimant directly and need not contact the Court.

1. 1

   Complete the heading and your name

   Enter the registry and case number from the claim, and the full name of the party responding.

2. 2

   Part F admission, if you admit the claim

   Tick that you admit the total amount and offer instalments (amount, frequency and first payment date) or payment in full by a date. For an unliquidated claim, you can instead admit liability and ask the Court to determine the amount; a registrar then lists a pre-trial conference (r 29C).

3. 3

   Part F intention to defend, if you dispute it

   Tick that you intend to defend the full amount, or that you admit part and defend the balance. You may offer a sum as full satisfaction of the claim (r 29B).

4. 4

   Part G change of venue, if needed

   Tick and name the proposed venue if you want the case conducted elsewhere in WA, and complete the Part G affidavit setting out why, sworn or affirmed before an authorised witness.

5. 5

   Sign and give an address for service

   Sign and date as defendant or lawyer, and complete the address for service and contact details (r 102).

• Lodge within 14 days after the claim is served (r 9(1)). Fact Sheet 10 says the period is 21 days if the claim was served in another state or territory.
• Lodge through eLodgment on the eCourts Portal, which is mandatory unless you obtain an exemption (r 98C; Practice Direction 6 of 2021). A signed form is lodged as a .docx copy stating the signatory's name; a Part G affidavit must be signed and lodged in PDF (r 98E).
• The Court gives a copy of the response to the other parties (r 9(2)).
• If you indicate an intention to defend and no statement of claim was served with the claim, the claimant must lodge and serve one within 14 days (r 7A(1)). Your statement of defence (Form 21) is then due within 14 days after it is served (r 10(1)).
• A lodgment fee may apply - check the current court fees schedule.

• If you do not lodge a response in time, the claimant can apply for default judgment (r 20(a)).
• If you admit the claim, a registrar may give judgment in accordance with the admission (r 29A). Fact Sheet 10 notes the claimant does not have to accept an instalment offer and may enforce the judgment.
• If a statement of claim was served with the claim, you may lodge your statement of defence with the response (r 9(1A)).