Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the step-by-step practitioner roadmap for recovering liquidated debts in Western Australia. Designed for commercial litigation solicitors, this guide outlines the debt recovery process from initial demand through to default judgment and enforcement. Additional procedural resources can be found on the WA Government Portal and the Western Australia Legislation Registry.
Jurisdiction: This guide applies to actions in the Magistrates Court of Western Australia, Australia. Minor Case Claims (up to $10,000) follow a simplified procedure; General Procedure Claims ($10,001 to $75,000) follow the standard rules. Verify current guidelines on the official Western Australia Legislation Registry.
Governing Legislation: Magistrates Court (Civil Proceedings) Act 2004 (WA), Magistrates Court (Civil Proceedings) Rules 2005 (WA), Civil Judgments Enforcement Act 2004 (WA) s 8 (post-judgment interest: 6% p.a. per reg 4(1) Civil Judgments Enforcement Regulations 2005), Supreme Court Act 1935 (WA) s 32 (pre-judgment interest: discretionary, 6% commonly used as reference), Limitation Act 2005 (WA) s 5 (6-year limitation for underlying debt; 12-year limitation to enforce judgment, leave required after 6 years), Magistrates Court (Fees) Regulations 2005 (WA). All statutory provisions can be accessed via the official or the .
Current Thresholds (2025-26 FY): Filing fees (effective 1 July 2025): $191.50 (Minor Case ≤$10K), $487 individual / $949 corporate ($10K-$50K), $775 individual / $1,508 corporate ($50K-$75K). Concession rates available (Form 1B hardship / Form 1C interests of justice). Post-judgment interest: 6% p.a. Statutory demand (companies): $4,000 minimum. Bankruptcy notice (individuals): $10,000 minimum (NB: proposed increase to $20,000 announced July 2024 but NOT YET ENACTED as of June 2026). Additional procedural resources can be found on the WA Government Portal and the Western Australia Legislation Registry.
The Process at a Glance: Debt recovery involves:, conducting pre-litigation due diligence (ASIC searches, Landgate, PPSR), issuing a formal Letter of Demand via registered post (essential for recovering:, costs), filing the claim through the eCourts Portal (Minor Case Claim ≤$10, 000 or General Procedure Claim Form 3 $10, 001-$75, 000), serving the claim on the debtor (14 days response within WA, 21 days outside WA), applying for Default Judgment (Form 13) with proof of service (Form 10/Form 11), enforcing via Property Seizure and Sale Orders, Earnings Appropriation Orders, Debt Appropriation Orders, Means Inquiries, or bankruptcy proceedings under the Civil Judgments Enforcement Act 2004.
* 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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Pre-judgment interest: prescribed rate is 6% p.a. under Civil Judgments Enforcement Regulations 2005 (WA) reg 4(1), or the contractual rate if higher and not unconscionable.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Select correct claim type (Minor Case or General Procedure), draft and file the claim via eCourts Portal, and pay filing fee.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Serve the claim on the debtor by personal delivery or post, and prepare Affidavit of Service (Form 10 or Form 11).
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Filing fees (effective 1 July 2025 per Magistrates Court (Fees) Regulations 2005):
Concession rates available via Form 1B (financial hardship) or Form 1C (interests of justice) under reg 9B.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.