Legal Project Management Plan & Checklist
Step-by-step plan for suing in the Magistrates Court of Western Australia by general procedure claim, from Form 3 to judgment and enforcement.
What is the general procedure claim limit in the WA Magistrates Court?: The Court can deal with a claim for a debt or damages, liquidated or unliquidated, of not more than the jurisdictional limit of $75,000 (ss 4 and 6(1)(a) Magistrates Court (Civil Proceedings) Act 2004), and with consumer/trader claims up to that limit (s 7). A claim worth $10,000 or less can instead run as a minor case if the claimant elects (ss 3 and 26). The Court cannot deal with a claim in which title to land is in question, a defamation claim, or a claim for personal injury arising from the use of a motor vehicle (s 6(5)).
How long does a defendant have to respond to a general procedure claim in WA?: The defendant must complete and lodge the response served with the claim within 14 days after service (r 9(1) Magistrates Court (Civil Proceedings) Rules 2005). If no response is lodged, the claimant can apply for default judgment, which a registrar may give in the absence of the parties for a liquidated amount or an assessable unliquidated amount (rr 20 and 21). If the response shows an intention to defend, the claimant must lodge and serve its statement of claim within 14 days unless it was served with the claim (r 7A(1)).
Plan for defending a general procedure claim in the Magistrates Court of Western Australia, from the 14-day response to defence, settlement and trial.
Can I recover legal costs on a claim of $10,000 or less in the WA Magistrates Court?: Only in limited cases. A successful party is ordinarily entitled to its costs (s 25(2)), but where the claim is worth $10,000 or less and the claimant did not elect the minor cases procedure, a costs order is limited to what s 31 would allow in a minor case (s 25(5)): court fees, service fees and enforcement costs, unless exceptional circumstances or a claim or defence wholly without merit are shown. The amount of a lawyer's costs is fixed under the applicable costs determination (s 25(8)).
How long do I have to serve a Magistrates Court claim in WA?: The claim must be served as soon as practicable and in any event within one year after it is lodged, and personally unless the Rules or an Act provide otherwise (r 7(4) and (5)). A registrar cannot give default judgment without a magistrate's approval once a year or more has passed since the claim was served (r 24(2)), and the application must then be supported by an affidavit explaining the delay (r 25A).
Jurisdiction: Magistrates Court of Western Australia exercising its civil jurisdiction under the Magistrates Court (Civil Proceedings) Act 2004 by the general procedure, with documents lodged through the Court's electronic case management system on the eCourts Portal (r 98C).
The Process at a Glance: The claimant's lawyer checks the limitation period, confirms the claim is within jurisdiction and chooses between the general procedure and the minor cases procedure. The General Procedure Claim (Form 3), or Form 7 for a consumer/trader claim, is lodged with a response form and, if ready, a Statement of General Procedure Claim (Form 19), and served personally. If no response is lodged within 14 days the claimant applies for default judgment. If the claim is defended, pleadings close and the claimant applies within 14 days of the defence for a pre-trial conference, where a registrar tries to settle the case and makes programming orders. A status conference follows, with mediation, witness statements and disclosure ordered as needed, then trial. Judgment is enforced under the Civil Judgments Enforcement Act 2004, and any appeal goes to the District Court within 21 days.
Key Legislation: Magistrates Court (Civil Proceedings) Act 2004 (WA) ss 3, 4, 6, 7, 9, 12, 16 to 19, 23, 25, 26, 28, 30, 31, 37, 39, 40 and 46; Magistrates Court (Civil Proceedings) Rules 2005 (WA) rr 7, 7A, 9, 10, 11, 12, 20, 21, 24 to 26, 28, 29, 29A to 29C, 30A, 30 to 34, 38 to 47, 49 to 65, 71, 71A, 72, 74, 79, 81 to 86, 95B to 95F, 97, 98C, 100 to 113A and 115; Limitation Act 2005 (WA) ss 12, 13, 14, 18 and 46 to 48; Civil Judgments Enforcement Act 2004 (WA) ss 8, 12, 13, 15, 21, 24, 27, 35, 49 and 59; District Court Rules 2005 (WA) rr 51 and 53 for appeals.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the General Procedure Claim (Claimant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Confirm the claim is in time, within jurisdiction and worth pursuing at the expected costs.
Commence the case correctly and prove valid service.
Convert an undefended claim into judgment quickly, or define the issues in a defended case.
Settle the case at the registrar conference or leave it fully programmed for a status conference.
Obtain a final outcome by consent or at trial with interest and costs.
Turn the judgment into money in the client's hands, or report that enforcement is exhausted.
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