General Procedure Claim (Claimant) - Defendant Pathway

When is a statement of defence due in the WA Magistrates Court?: Unless it was lodged with the response, the defendant must lodge and serve its statement of defence, or statement of defence and counterclaim, within 14 days after being served with the statement of claim (r 10(1)). It must set out the material facts, particulars and legal basis of the defence and anyone else alleged to be liable, without evidence (r 10(3) and (4)).

Can a default judgment be set aside in the WA Magistrates Court?: Yes. The Court may set aside a judgment given in default under s 19(2) of the Magistrates Court (Civil Proceedings) Act 2004, on conditions (s 19(3)), and the application must be made within 21 days after the judgment unless the Court orders otherwise (r 79). The debtor may also apply for a suspension order, which requires special circumstances (s 15 Civil Judgments Enforcement Act 2004).

Jurisdiction: Magistrates Court of Western Australia, civil jurisdiction under the Magistrates Court (Civil Proceedings) Act 2004, general procedure.

The Process at a Glance: The defendant's lawyer confirms the date and method of service and diarises the 14-day response date. The Response to General Procedure Claim (Form 15) is lodged, choosing whether to defend or admit. The Statement of Defence (Form 21) follows within 14 days of the statement of claim, with any counterclaim. Weak claims can be met with a strike-out or summary judgment application, and the claimant's applications are answered with a Response to Application (Form 24) within 14 days. The defendant gives disclosure, attends the pre-trial and status conferences, uses formal offers of settlement to protect costs, and prepares witness statements for trial.

Key Legislation: Magistrates Court (Civil Proceedings) Act 2004 (WA) ss 9, 17, 18, 19, 25 and 40; Magistrates Court (Civil Proceedings) Rules 2005 (WA) rr 7, 9, 10, 11, 20, 21, 24, 29A to 29C, 30A to 33, 41, 46, 53, 57 to 65, 79, 102, 109 to 113A; Civil Judgments Enforcement Act 2004 (WA) ss 15 and 28.

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