Get Civ Form 03 - General Procedure Claim - Magistrates Court

This form is used to apply for a change to a fee payable in the Magistrates Court. You can apply to have a fee reduced, postpone the payment of a fee, or have a fee you have already paid fully or partially refunded. If you are under 18 years old when you apply to a Magistrates Court, you are not required to pay fees.

If you have a default judgment entered against you, you can ask the court to reconsider the matter. This is called applying to have the judgment set aside. The court will set aside the judgment in certain circumstances. You must apply within 21 days after the judgment was given or such other time as the court allows.

The Magistrates Court deals with civil matters involving claims up to $75,000. For minor cases, the jurisdictional limit of the Magistrates Court is $10,000. The Magistrates Court also deals with consumer/trader claims of $75,000 or less, and minor case consumer/trader claims of $10,000 or less.

The Particulars of Claim should set out ALL the facts on which you rely in disputing any part of the Claimant's claim against you. You should also attend the first hearing. If you do not the judge may deal with the claim in your absence.

A general procedure claim deals with a dispute about an amount up to $75,000. The procedure in a general procedure case is more formal than in a minor case. Legal representation is allowed and where the claim is above $10,000, the loser usually pays the winner's legal costs.

Substituted service is generally ordered only after a party has exhausted all reasonably available means to effect personal service. The methods of substituted service vary ing to the circumstances. It may take the form of service by post, service on another person or service by advertisement in a newspaper.

A case can be started in the Magistrates Court by lodging and serving a Minor Case Claim Form 4. Claims and other documents lodged during your case must be lodged on the eCourtsPortal at: https://ecourts.justice.wa.gov.au/eCourtsPortal/ together with any fee required. You must register to lodge any documents.