Small claims in WA: how to make a minor case claim in the Magistrates Court

In Western Australia, small money claims go to the Magistrates Court, not a tribunal. If you are owed $10,000 or less, you can start a minor case claim by lodging a Form 4 on the court’s eCourts Portal and paying the filing fee. Claims over $10,000 and up to $75,000 use the court’s general procedure instead.

Is SAT the right place for a money claim?

Usually not. In WA, the State Administrative Tribunal lists “Consumer and fair trading complaints” and residential tenancy disputes on its outside SAT’s scope page. Debts and disputes with a business over goods or services go to the Magistrates Court.

There are exceptions. Home building complaints go to the Building Commissioner, who can refer them to SAT, and retail shop lease disputes have their own path at SAT. Our SAT application guide explains what SAT does hear.

Who a minor case claim suits

A minor case claim suits debt, damages and consumer/trader disputes of $10,000 or less, such as:

• money you lent or are owed that has not been repaid
• an unpaid invoice for work you did
• a business that took your money and did not supply the goods or services, or supplied them badly
• a trader who owes you a refund, repair or replacement

Either the consumer or the business can start a consumer/trader claim. The court’s Fact Sheet 4 says you are a consumer “if you are a natural person and have hired or bought the goods or services for private use”.

Some claims cannot go to the Magistrates Court at all, including defamation, personal injury from the use of a motor vehicle, and building claims that belong with the Building Commissioner or SAT.

The limits

• Minor case claim: $10,000 or less.
• General procedure claim: up to $75,000 (a consumer/trader claim over $10,000 uses Form 7).

Both limits are set by the Magistrates Court (Civil Proceedings) Act 2004. A minor case is one the claimant chooses to run under the minor cases procedure, and Form 4 records that choice. It is less formal, held in private, and the court’s main aim is to help the parties settle.

Form 4: what each part asks

Form 4 – Minor Case Claim asks for:

• Claimant and Defendant: legal name, address, email and phone for each party. A company’s address for service must be its registered office; the court suggests an ASIC search if you are unsure of it.
• Method of Service: whether you or a court bailiff will serve the claim.
• Claim Details: amount of claim, court filing fee, service fee, travelling fee and total claimed.
• Summary of Facts Relevant to the Claim: what was agreed, what happened, and why the money is owed. Short, numbered points in date order are easy to follow.
• Documentary Evidence in Support of Claim: the documents that back you up, such as the contract, quote, invoices, receipts, messages and photos.
• The Remedy Or Relief Claimed: what you want the court to order, as numbered items.

The court’s Fact Sheet 3 says the amount you are claiming must be included in your description of claim, and you can also claim interest.

How to make a minor case claim, step by step

1. Try to settle first. The court encourages parties to try to reach agreement before making a claim. A clear letter of demand with a deadline is the usual first step.
2. Check the defendant’s details. Get the exact legal name and an address for service.
3. Gather your evidence. Collect the documents you will list on the form.
4. Register on the eCourts Portal. Civil claims must be lodged online by a registered user.
5. Complete and lodge Form 4. Enter your claim, choose the court registry, review the draft, and pay the fee by card or direct debit.
6. Serve the claim on the defendant. Use a bailiff or serve it yourself.
7. Wait for the response period to end. You cannot take further steps until it has passed.

The fee

The court’s fee schedule (effective from September 2026) lists the filing fee for a minor claim not over $10,000 as $199.50 for an individual and $59.00 for an eligible individual, which includes holders of a Centrelink health care card or pensioner concession card. Companies pay more. Small businesses and non-profit associations can get a reduced fee by completing a declaration.

Bailiff service is $117.50 plus a travel charge per kilometre. The court’s fees for applying for and allocating a hearing do not apply under the minor cases procedure. The portal shows the fees on a summary screen before you pay. If you cannot afford the fee, you can apply for a change of fee on financial hardship grounds before you lodge.

Serving the other party

In most cases a claim must be served personally on the defendant. You can prepay the court to have a bailiff serve it, or arrange service yourself. Personal service on an individual includes handing them the document. A company can be served by leaving the claim at, or posting it to, its registered office.

Keep proof. A bailiff gives you a certificate of service. If you serve it yourself, the person who served it completes a Form 11 affidavit of service, lodged on the portal.

What happens next

The defendant has 14 days from service to respond, or 21 days if served in another state or territory. They can:

• Pay you. Payment goes to you directly; the court cannot take it on your behalf.
• Admit the claim, sometimes with an offer to pay by instalments.
• Not respond. You can then apply for default judgment with a Form 13 and your proof of service.
• Defend the claim. The case is listed for a status conference before a magistrate.

The status conference is a chance to settle. Everyone must attend in person, and a party who does not attend can have default judgment given against them. The magistrate may also send the case to a pre-trial conference before a registrar, another settlement meeting. An agreed settlement can be recorded as orders of the court.

If the case does not settle, it is listed for trial. You usually go first: give your evidence, call any witnesses and hand up your documents, with copies for the other party and the magistrate. In most cases the magistrate gives a decision on the day.

If you win and they still do not pay

To enforce a judgment, you lodge a Form 6 application with the court and pay a fee. Options include a means inquiry (whether the debtor can pay), an instalment order, an earnings or debt appropriation order, and a property (seizure and sale) order. You have 12 years from judgment to apply. See Fact Sheet 23 on the court’s fact sheets page.

Where Claim Done fits

Claim Done can prepare a letter of demand ($49) for you to send first, which can settle a dispute without going to court. If it does not, our Tribunal Application ($97), which covers WA Magistrates Court claims, drafts the claim wording from your answers for you to enter on the eCourts Portal yourself. Claim Done does not lodge or serve the claim, and cannot promise a result. For other states, see our guide to small claims in Australia.

Frequently asked questions

Is there a small claims court in WA?

Not under that name. Small claims in WA are minor case claims in the Magistrates Court of Western Australia, for $10,000 or less, lodged as a Form 4 on the eCourts Portal.

Can I take a money claim to SAT instead?

Generally no. SAT lists consumer and fair trading complaints and residential tenancy disputes as outside its scope, so debts and consumer/trader claims go to the Magistrates Court. Home building complaints and retail shop lease disputes have their own paths.

How much does a minor case claim cost in WA?

The filing fee is $199.50 for an individual, or $59.00 for an eligible individual such as a health care card holder (court fee schedule effective from September 2026). Bailiff service is $117.50 plus travel. Check the schedule before you lodge.

How long does the other party have to respond?

14 days after they are served in Western Australia, or 21 days if served in another state or territory. If they do not respond, you can apply for default judgment.

Can I get my costs back if I win?

A successful party in a minor case is generally entitled to its court fees, service fees and enforcement costs, but not other costs such as legal fees, except in limited circumstances.

Do I need a lawyer?

No. In a minor case, lawyers can only appear if all parties agree or the court is satisfied no party will be unfairly disadvantaged.

General information based on the court’s fact sheets, forms and fee schedule and the Magistrates Court (Civil Proceedings) Act 2004, checked October 2026. Not legal advice. Check the court’s website or ask a registry before you act.