Civil Lawyers Western Australia

There are four civil law jurisdictions in Western Australia. These are the State Administrative Tribunal, the Magistrates Court, the District Court and the Supreme Court. The court or tribunal that a civil matter is commenced in depends on the type of civil claim and the amount of relief being sought.

Civil law jurisdictions

The State Administrative Tribunal deals with reviews of a wide range of government decisions including guardianship, equal opportunity, resources and development and town planning as well as civil and commercial disputes.

The Magistrates Court can determine civil matters involving less than $75,000.

Civil matters involving a value of more than $75,000 and less than $750,000 are commenced in the District Court, as well as all matters involving damages for personal injury and all matters relating to injuries resulting from motor vehicle accidents.

The Supreme Court deals with civil disputes involving a value of more than $750,000, and with all probate matters.

Civil forms and timeframes

In Western Australia, there are different claim forms that need to be filed depending on the type of matter you are initiating. These are generally referred to as statements of claim. After a statement of claim has been filed with the court, it is served on the defendant.

Once the defendant has been served with a statement of claim, they have 14 days to file a defence, or 21 days if they live outside of Western Australia.

If the defendant ignores the claim, you can then make an application for default judgment. If they file a response, the matter will be set down for a conference in the hope it can be settled. If no resolution can be reached, the matter will be set down for trial.

Minor case claims

If you have a claim involving a value of less than $10,000, it can be heard in the minor case claim division of the Magistrates Court.

If you commence proceedings in the minor case claim division, you may not have legal representation unless all parties agree and legal costs will not be awarded.

The benefit of commencing a minor case claim is that the court will aim to help parties to reach a mutually beneficial settlement, with simplified procedures to make the processes less daunting.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.