Legal Project Management Plan & Checklist
Purpose of this Guide: Open this plan when your client is owed a liquidated debt in Western Australia and wants to pursue recovery through the Magistrates Court. Use this plan from the initial demand through to default judgment. A fork covers enforcement via Property Seizure and Sale Order through the Bailiff.
Jurisdiction: Western Australia, Australia. Minor Case Claims up to $10,000 follow a simplified procedure; General Procedure Claims from $10,001 to $75,000 follow the standard rules in the Magistrates Court. Claims above $75,000 are filed in the District Court or Supreme Court. The Property Seizure enforcement fork addresses post-judgment recovery of assets.
The Process at a Glance: The process begins with pre-litigation due diligence including ASIC searches, Landgate property searches, and PPSR searches to confirm solvency and locate assets. A formal Letter of Demand is sent by registered post. If payment is not received, a claim is filed through the eCourts Portal - a Minor Case Claim for debts up to $10,000 or a General Procedure Claim (Form 3) for larger amounts. The claim is served on the debtor, who has 14 days to respond if within Western Australia or 21 days if outside. If no response is filed, a Default Judgment application (Form 13) is prepared with proof of service (Form 10 or 11). If the debtor files a response, the matter proceeds to a directions hearing and then a contested hearing. Once judgment is obtained, enforcement is pursued through the applicable fork.
Use this fork when a Western Australian Magistrates Court judgment has been obtained and you want to recover the outstanding debt by instructing the Bailiff to seize and sell the debtor's property. This is the Property (Seizure and Sale) Order enforcement pathway in Western Australia.
Key Legislation and Case Law: Magistrates Court (Civil Proceedings) Act 2004 (WA) - jurisdictional framework. Magistrates Court (Civil Proceedings) Rules 2005 (WA) - pleading, service, and judgment procedures. Civil Judgments Enforcement Act 2004 (WA) - Part 4 (enforcement mechanisms: Property Seizure and Sale, Earnings Appropriation, Debt Appropriation, Means Inquiry). Civil Judgments Enforcement Regulations 2005 (WA) - Regulation 4 (post-judgment interest: 6% per annum). Limitation Act 2005 (WA) - s 5 (6-year limitation for underlying debt; 12-year limitation to enforce judgment, leave required after 6 years). Filing fees (effective 1 July 2025): $191.50 for Minor Case to $10,000; $487 individual / $949 corporate for $10,000-$50,000; $775 individual / $1,508 corporate for $50,000-$75,000. Statutory demand threshold: $4,000 minimum under Corporations Act 2001 (Cth) s 459E. Bankruptcy notice threshold: $10,000 minimum under Bankruptcy Act 1966 (Cth) (proposed increase to $20,000 announced but not yet enacted as of June 2026).
* 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 Debt Recovery (Applicant) 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 COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Issue formal Letter of Demand via registered post, conduct ASIC and asset searches, and verify demand has expired without payment.
Select correct claim type (Minor Case or General Procedure), draft and file the claim via eCourts Portal, and pay filing fee.
Serve the claim on the debtor by personal delivery or post, and prepare Affidavit of Service (Form 10 or Form 11).
File Form 13 Application for Default Judgment with proof of service after the response period has expired.
Assess the debtor's financial position and select the appropriate enforcement mechanism.
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