The criteria for the claim

The claim must not be more than $10,000: Magistrates Court (Civil Proceedings) Act 2004 (WA) ("the Act"), sections 3(1) and 26(a)(i).

Most of the time, Minor Cases claims are for compensation by way of payment of a sum of money as damages or repayment of a debt.

There are some exceptions.

Sometimes, Minor Cases claims can involve seeking a remedy from a Court other than the payment of money from the other party.  One such remedy can be a claim for the performance of work if the claim falls satisfies the criteria of being a consumer/trader claim: the Act, s 7(3)(b)(i).

You should read sections 6 and 7 of the Act to see if your claim falls within the jurisdiction of the Court.


Best way to start the case

You can use a paper form and submit it to the Court to start the case.

This is not the best way, because the forms are repetitive and you will spend time and effort dealing with the Court registry when this is not necessary.

The best way to commence a case is to use the online process at this link.


Serving the claim document

You must serve your claim as soon as practicable, and in any event within one year, after the day on which you lodge it: Magistrates Court (Minor Cases Procedure) Rules 2005 (WA), s 7(3).

I suggest using a private process server to serve the document on the other party.

Alternatively, you can serve the document yourself or use the bailiff.


Things to look out for

 

Getting the registered office address for a corporation.  

If you are suing a corporation, you need to find out the registered office address of the corporation.

You can use this link to get the information.

If you use the Bailiff.

If you use the Bailiff to serve the claim, telephone or email the Bailiff's office (here is the link to the Bailiff's website) to regularly follow-up and provide as much information as you can to assist the Bailiff to locate the defendant.