WA Minor Case Claim Hearing: Pre-Trial Conference, Trial and Evidence

Once a minor case claim in the Magistrates Court of Western Australia is defended, it moves through a status conference before a magistrate, sometimes a pre-trial conference before a registrar, and then a trial if it does not settle. Each conference is a chance to settle, and you must attend in person. At trial you tell your side, give your evidence, call your witnesses and hand up your documents, and the magistrate usually decides on the day.

Claim Done drafts a Hearing Bundle from your answers for a flat A$97: a chronology, a statement of issues, an evidence index, a position statement and the orders you are asking for, each as its own PDF. Starting a claim is covered in our WA minor case claim guide.

The stages of a defended minor case

A minor case is a claim for debt or damages up to $10,000, according to Fact Sheet 1 of the Magistrates Court.

Status conference

When the defendant lodges a response that defends the claim, a registrar lists a status conference and tells everyone in writing. The court’s status conference fact sheet says all parties must attend in person, and a party who does not attend may have default judgment given against them. The magistrate may work out the agreed facts, order each side to lodge and serve a list of the documents it may use at trial, and send the case to a pre-trial conference or mediation. If it does not settle, the matter is listed for trial. What is said there is without prejudice and cannot be used outside the conference.

Legal Aid WA says that for a status conference you need to have thought about how many witnesses you will have, what documents back up your claim, and any special requirements, such as an interpreter.

Pre-trial conference

A pre-trial conference is a meeting before a registrar to try to settle. It can be held straight after a status conference if a magistrate directs. The pre-trial conference fact sheet says all parties must attend in person, witnesses do not need to come, and the registrar cannot give legal advice. If attending would cause undue expense, or you are unwell, you can apply beforehand to attend by audio link. If you settle, the registrar draws up a Form 49 Memorandum of Consent Orders for both sides to sign, and it becomes a judgment that can be enforced. If you do not settle, a minor case goes to another pre-trial conference or is listed for trial.

Evidence: what to gather and how to organise it

In a minor case the court acts with as little formality as it thinks reasonable and is not bound by the rules of evidence, under section 29 of the Magistrates Court (Civil Proceedings) Act 2004. The court’s orders still decide what you must lodge and by when.

Trial book. The trial book fact sheet says a trial book is lodged only when the court or a registrar orders it, usually once the trial is listed. It is a bundle of your documents with an index. The order may say the parties agree on one set and the claimant lodges it, or that each party lodges its own. To build one:

• use a Form 1 Notice of Heading and Conclusion (Trial Book) as the cover page
• attach each document, clear and legible, single sided, with every page numbered
• list each document in the index with a short description, its date if known and its page number
• lodge it on the eCourts Portal as one document (there is no lodgement fee), then post a sealed copy to the other party’s address for service

You cannot tender a document that is not in your trial book unless the court gives leave.

Witness statements. If the court orders it, each witness, which can include you, needs a Form 32A Statement of Intended Evidence. The witness statement fact sheet says it must give the witness’s name, address and occupation, be factual, and be signed by the witness. Evidence left out of it cannot be relied on at trial without leave.

Witnesses

If a witness will not come voluntarily, you can ask for a witness summons. The summonsing a witness fact sheet says you lodge a Form 46 on the eCourts Portal, and the summons must be served personally at least 14 days before the hearing, or earlier if the court directs. You must hand over enough money for the witness’s reasonable expenses when it is served. If you serve it yourself, you complete a Form 11 Affidavit of Service.

Lawyers in a minor case

Under section 30 of the Act, a party to a minor case is not entitled to be represented, but the court can give leave. Outside a consumer/trader claim, a lawyer can be allowed if all parties agree or if the court is satisfied it is in the interests of justice. In a consumer/trader claim, a lawyer can be allowed if all parties agree or if no other party will be unfairly disadvantaged. Legal Aid WA suggests trying to get legal advice before a status conference. Court staff cannot give legal advice.

What happens at the trial

The trial fact sheet sets out the usual order:

1. The claimant gives an opening address outlining the claim.
2. The claimant gives their evidence, calls witnesses and tenders documents as exhibits.
3. The defendant can cross-examine the claimant’s witnesses.
4. The defendant presents their case the same way, and the claimant can cross-examine.
5. The claimant makes a final address explaining why the claim should succeed.

Arrive on time, have your witnesses there, and bring copies of your documents for the other party and the magistrate. Call the magistrate “Your Honour”. The preparing for court fact sheet says exhibits are handed to the court orderly, and audio or video evidence needs the court staff told in advance, or your own laptop with an HDMI output and a copy on USB or disc. If you or a witness need an interpreter, the court’s guide for people without a lawyer says to contact the court.

In most cases the magistrate gives the decision verbally at the hearing, and it is a judgment. If a party does not appear, the court can adjourn or give judgment against them. If you settle before trial, tell the court in writing or lodge a Form 49.

After judgment

If the other side does not pay, the enforcement fact sheet lists orders you can ask for, including a time for payment order, an instalment order, an earnings appropriation order and a property (seizure and sale) order. You apply with a Form 6 and the fee, within 12 years of the judgment.

Appeals are narrow. Section 32 of the Act allows an appeal against a minor case judgment only on the grounds that the case was outside the court’s jurisdiction or was not a minor case, that there was a denial of natural justice, or that the judgment was beyond the court’s jurisdiction. Where a magistrate decided the case, the appeal runs under Part 7, which sets a limit of 21 days after judgment unless the District Court gives leave.

How the Hearing Bundle is laid out

Each part is a separate PDF you check:

• Chronology of events: a dated table of what happened, earliest first, with no argument.
• Statement of issues: the questions the magistrate has to decide, as a numbered list.
• Evidence index: each document with a description, its date and which issue it goes to, a starting point for your Form 1 index.
• Position statement: a summary, the key facts and how the law applies, useful for your opening and final address.
• Orders sought: the exact orders you ask for, with amounts to the cent.

These do not replace the court’s own forms. You still use the Form 1 and Form 32A when the court orders them.

Mistakes to avoid

• Missing a conference. Default judgment can be given against a party who does not attend.
• Leaving a document out of your trial book, or a fact out of a witness statement.
• Serving a witness summons late, or without the expenses money.

If your trial is listed and you want your facts, documents and orders in order before the day, start your Hearing Bundle for A$97.