Writ of Summons (Form 1)

Under Order 5 rule 1 of the Rules of the Supreme Court 1971 (WA), the writ that starts an action is in Form 1 (general form, with an indorsement of claim) or Form 2 (with a statement of claim indorsed), unless the rules provide a different form. Order 6 sets what must be indorsed on the writ, including a concise statement of the nature of the claim and the relief sought, and the plaintiff's geographical address and service details. A writ is issued out of the Central Office when it is sealed (O 5 rr 4 and 6) and is valid for service for 12 months from issue unless extended (O 7 r 1). A writ to be served outside Western Australia uses Form 3 (O 5 r 2).

When you need it

• You are starting an action in the General Division of the Supreme Court of Western Australia, for example a claim for damages or a debt.
• You want to issue the writ with a short indorsement of claim and serve the statement of claim later. If you want the statement of claim on the writ itself, use Form 2 instead (O 6 r 3).
• The defendant is to be served within Western Australia. For service outside the State, the writ must be in Form 3 (O 5 r 2).
• Your claim includes fraud, defamation, malicious prosecution or false imprisonment. A statement of claim cannot be indorsed on the writ in those actions (O 6 r 3), so Form 1 is the starting point.

1. 1

   Complete the heading and document details

   Enter the parties as plaintiff and defendant. Fill in the date of document, who it is filed on behalf of, who prepared it, and the telephone and reference details.

2. 2

   Address it to the defendant

   After "To" give the defendant's name and address in Western Australia.

3. 3

   State the time for appearance

   Insert the number of days the defendant has to enter an appearance. For service in WA it must be at least 10 days if less than 300 km from Perth, 16 days from 300 km to less than 600 km, and 21 days for 600 km or more. The day of service is excluded (O 5 r 11).

4. 4

   Write the indorsement of claim

   State concisely the nature of the claim and the relief or remedy sought (O 6 r 1). In defamation, identify the publications sued on (O 6 r 2). If the trial is to be somewhere other than Perth, show the proposed place of trial (O 5 r 3). If a party sues or is sued in a representative capacity, say so (O 6 r 5).

5. 5

   Add the liquidated demand indorsement if it applies

   If the claim is only for a debt or liquidated demand, the writ must state the amount claimed and the costs up to and including service, and that proceedings will be stayed if that is paid within the time for appearance (O 6 r 4).

6. 6

   Give the plaintiff's contact details

   State the plaintiff's geographical address (usually where an individual lives, or a company's registered office) and service details, as Order 71A requires (O 6 r 7). A self-represented plaintiff must give an Australian postal address for service and may add one email address and one fax number (O 71A r 3).

7. 7

   Leave the indorsement as to service for later

   The person who serves the writ completes this section after service.

• Documents in the Court's civil jurisdiction must be filed electronically through the ECMS (eLodgment on the eCourts Portal) unless an exemption applies or the Principal Registrar permits otherwise (O 67A r 3). The Court's page says this has been mandatory since 1 March 2018.
• The writ is issued when it is sealed and must bear the date of issue (O 5 rr 6 and 10).
• A filing fee applies - check the current General Division fee schedule.
• Serve the writ personally on each defendant, unless the defendant's solicitor indorses acceptance of service on it (O 9 r 1(1) and (2)).
• Within 3 days after service, the person who served it must indorse the sealed copy with the day and date, where it was served, who was served and, if not the defendant, in what capacity. Without that indorsement the plaintiff cannot enter default judgment for want of appearance (O 9 r 1(4)).
• The writ may not be served more than 12 months after issue unless the Court extends its validity on an application made before it expires (O 7 r 1).

• Count the appearance days against the distance from Perth to the place of service, not where the defendant lives if that is different.
• In an action for possession, foreclosure or sale of mortgaged property, check Order 4AA r 3: where it applies, a Form 4 notice to the defendant must be attached to the front of the writ when it is served, and the indorsement of service must say so (O 9 r 1(4)(e)).
• The Court's Word template uses older wording (for example naming the Chief Justice and appearance "at the Central Office ... Barrack Street"). Form 1 in Schedule 2 of the rules was last amended in 2025 and now says a defendant may appear "at the Supreme Court in Perth". Check the template against the current rules before filing.
• If the writ has not been served and the 12 months is nearly up, apply to extend its validity before it expires.