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Why it matters (practical consequences and incentives)

• Deadlines and consequences: strict time limits for lodging responses, statements of claim/defence and for accepting or objecting to orders. Failure to comply can lead to default judgment or dismissal (rules 7, 7A, 9, 10, Parts 5 and 16A). That imposes a compliance cost and creates an incentive to act promptly.

• Electronic case management (ECMS): ECMS is the default lodgment route. The rules make ECMS mandatory unless exempt and set technical/form requirements for electronic documents (rules 96, 98C–98H). This increases efficiency in normal operation but creates dependency on IT systems and introduces transitional and exemption pathways when ECMS is unavailable.

• Case management and early settlement: pre‑trial conferences, status conferences, mediation and mandatory informal disclosure are used to encourage settlement and narrow issues (Parts 9–11, rule 30A). These measures shift effort earlier in the process and may reduce full trials, but they impose preparation tasks (lists, disclosure, exchange of witness statements) on parties.

• Registrars’ discretion and summary powers: registrars may give default judgments, assess some claims, and list or dismiss matters in the absence of parties (eg. rules 21, 23, 80, 113A). That speeds resolution for routine matters but concentrates decision‑making in administrative officers and raises the importance of correct procedural compliance.

• Costs and settlement incentives: detailed rules on offers of settlement (Part 12 Division 2) and post‑offer costs create financial incentives to make and accept offers. Costs assessment procedures and value‑of‑claim rules shape how much parties can recover and the economics of litigation (Part 15).

• Security for costs and claimant risk: the Court may order security for costs in specified situations (eg. non‑resident claimants, companies in liquidation) (rules 94B–94G). That can deter or increase the price of bringing claims by outsiders or insolvent entities.

• Inactivity and docket control: a case becomes “inactive” if no step is taken for 12 months and may be dismissed after a further period (Part 16A). This reduces backlog risk but risks extinguishing dormant but valid claims unless parties revive them.

• Litigation funders disclosure: claimants who receive third‑party funding must notify the Court and may have to produce funding agreements on order (Part 20A). That increases transparency about third‑party influence on proceedings and can affect settlement dynamics; it also imposes confidentiality and administrative costs on funded claimants.

• Interaction with other laws and specialised processes: the rules supply detailed processes for a range of other Acts (Part 21). That integrates a variety of statutory processes (eg. restraining orders, fines enforcement, warehousemen’s liens) into the Magistrates Court procedural framework.

Trade‑offs, costs and implementation risks

• Efficiency vs compliance cost: many provisions promote faster, paperless and case‑managed resolution (ECMS, registrars’ powers, inactive‑case dismissal). Those produce efficiency gains but raise compliance burdens (forms, electronic formats, affidavit content) especially for self‑represented litigants and small businesses.

• Administrative discretion vs predictability: registrars may decide interlocutory and, in some default situations, final outcomes without a magistrate hearing. That speeds handling of routine matters, but increases the importance of knowing and following procedural rules; outcome predictability depends on administrative practice as much as law.

• Digital dependency risk: ECMS mandatory use (with limited exemptions) increases system efficiency but creates operational risk when the ECMS is unavailable. The rules provide for delegation and temporary unavailability declarations, but courts and users face transitional and technical risk.

• Confidentiality and commercial impact: litigation funder disclosure and the requirement to lodge original documents on request may impinge on commercial confidentiality and increase transaction costs for funded claims and commercial litigants.

Net practical takeaway

• These rules are the operational manual for civil work in the WA Magistrates Court. They front‑load case management, push parties toward settlement and electronic filing, and create clear penalties for procedural non‑compliance. Parties and advisers should prioritise early procedural steps, electronic filing requirements, managing disclosure and deadlines, and be aware of the specific additional obligations that apply to certain statutory applications (eg. restraining orders, fines enforcement, warehousemen’s liens).

29A. Party admitting whole claim, judgment in case of 14

29B. Party admitting part of claim may offer to settle claim 15

29C. Party admitting whole claim may dispute amount claimed 15

29. Party may discontinue claim 16

Part 7 — Disclosure of documents

30A. Informal disclosure 17

30. Party must disclose documents when ordered 17

31. Affidavit of disclosure 17

32. Objecting to disclosure of documents 18

33. Inspecting disclosed documents 18

34. Disclosed documents to be available at trial 19

Part 8 — Answers to interrogatories and requests for further particulars

35. Order to answer interrogatories, application for (Act s. 16(1)(n)) 20

36. Party must answer interrogatories when ordered 20

37. Affidavit of answers 20

38. Requesting further particulars of a pleading 21

Part 9 — Pre‑trial conferences

39. Listing of pre‑trial conferences 22

40. Pre‑trial conference, purpose of and registrar’s powers at 23

41A. Statement of claim, effect of order to lodge 24

41B. Effect of order to lodge statement of defence or statement of defence and counterclaim 24

41D. Amending documents lodged and served under Part 2 24

41. Attendance at pre‑trial conferences 26

42. Further pre‑trial conference or status conference may be listed 26

43. Things said or done at pre‑trial conference, status of 26

Part 10 — Status conferences

45. Purpose of status conference 28

46. Attendance at status conference 28

47. Powers of magistrate at status conference 28

Part 11 — Mediation

49. Mediation conference, parties to arrange if Court orders mediation 30

50. Attendance at mediation conferences 30

51. Outcome of mediation, claimant to lodge notice of 30

52. Further status conference if case not settled at mediation 30

Part 12 — Consent orders and settlement

Division 1 — Consent

53. Consenting to judgment or order, manner of 31

54. Memorandum of consent, registrar’s powers on 31

55. Consent by one party, manner of giving 31

56. Person under legal disability, settling claims involving 31

Division 2 — Offers of settlement

57. Offer of settlement, making 32

58. Offers to be confidential and made without prejudice 32

59. Receipt of offer to be acknowledged 33

60. Period within which offer may be accepted 33

61. Accepting offer 33

62. Period within which offered sums must be paid 34

63. Withdrawing acceptance of offer 34

64. Requesting and giving judgment after offer accepted 34

65. Post‑offer costs, orders for 35

Part 13 — Trial

Division 1 — General

66. Terms used 37

67. Who is first party to present case 37

68. Opening addresses and adducing evidence, order of 37

69. Closing addresses, order of 37

70. Attendance at trial 38

Division 2 — Witnesses

71. Witness summons 38

71A. Compliance with witness summons 39

72. Expert evidence, orders required for 40

73. Children and special witnesses, application for orders as to evidence of 41

74. Affidavit evidence, when may be adduced 41

Division 3 — Exhibits

75. Records requiring device to read, admission of 41

76. Return of exhibits after trial 41

Part 14 — Orders and judgments

77. Person under legal disability, payments to 43

78. Certificate of judgment, requesting 43

79. Applying to set aside summary or default judgment (Act s. 17(3), 18(6) and 19(3)) 43

80. Registrars’ decisions taken to be decision of Court 43

Part 15 — Costs

Division 1 — Assessments

81. Bill of costs: lodging and serving 44

82. Bill of costs: objecting to 44

83. Assessment when objection made 44

84. Assessment when no objection made 45

85. Bill of costs: form of, and supporting documents 45

86. Assessments, conduct of 45

Division 2 — Determining value of claim

87. Value of claim to be determined under this Division 46

88. Originating claim successful and no successful counterclaim, value of originating claim 46

89. Originating claim and counterclaim successful, value of each 46

90. Originating claim unsuccessful and counterclaim successful, value of counterclaim 47

91. Originating claim and counterclaim unsuccessful, value of each 47

92. Claims by or against third parties, value of 47

93. Claims to recover possession of real property, value of 47

94. Claims to recover possession of personal property, value of 48

Division 3 — Security for costs

94A. Term used: claimant 48

94B. Factors that are not grounds for ordering security for costs 48

94C. Grounds for ordering security for costs 48

94D. Court has discretion 49

94E. Manner of giving security 50

94F. Action may be stayed 50

94G. Payment out 50

Part 16A — Inactive cases

95A. Term used: inactive case 51

95B. Case taken to be inactive 51

95C. Notification of inactive case 51

95D. Consequences of case becoming an inactive case 52

95E. Cases no longer taken to be inactive 52

95F. Certain inactive cases taken to be dismissed 53

Part 16 — Lodging documents

95. Terms used 54

96. ECMS exempt 54

97. General rules about lodging documents 55

98. Registry at which originating claims and applications must be lodged 56

98A. Lodging multiple copies 57

98B. Powers of the Court in relation to lodgment 57

98C. Requirement to lodge documents using the ECMS 58

98D. Lodging by email 59

98E. Form of documents lodged using ECMS or by email 60

98F. Lodging by post 61

98G. Lodging by fax 61

98H. Time of lodgment 63

99. Chief Magistrate may declare ECMS unavailable 63

Part 17 — Serving documents

Division 1 — General

99A. Terms used 64

100. Service of documents 64

101. How documents served 64

102. Address for service in lodged documents 65

103. Certificate of service by enforcement officer, administrative staff member or departmental officer 66

104. Affidavit of service by other persons 67

Division 2 — Personal service

105. Personal service on individual, how effected 67

106. Personal service on partnership, how effected 68

107. Personal service on corporation, how effected 68

108. Personal service on public authority, how effected 69

Division 3 — Miscellaneous

109A. Substituted service, applying for (Act s. 16(1)(t)) 69

Part 18 — Applications

109. Applying for Court order except judgment 71

110. Supporting affidavit 71

111. Application must be served 71

112. Response to application 72

113. Dealing with application 73

113A. No response filed 73

Part 19 — Affidavits

114. Form of affidavits 74

115. Content of affidavits 74

Part 20 — Litigation guardians

116. Terms used 75

117. Application of this Part 75

118. Represented persons to have litigation guardians 75

119. Litigation guardian of represented person must lodge affidavit 76

120. Children, litigation guardians for 77

121. Litigation guardian of child must lodge affidavit 77

122. Litigation guardian, application by to be appointed 78

Part 20A — Litigation funders

122A. Term used: litigation funder 79

122B. Claimant to notify Court of litigation funder 79

122C. Disclosure of agreements relating to litigation funder 79

Part 21 — Jurisdiction conferred by other Acts

Division 1 — General

123. Terms used 81

124. Applications to which this Division applies 81

125. Application, form of 83

126. Application must be served 83

127. Registrar to list case for status conference 84

128. Application of rules generally 85

129A. Dealing with application 85

129AB. Animal Welfare Act 2002 s. 44 and 56, application under 86

129B. Criminal and Found Property Disposal Act 2006, application under 86

129C. Criminal Investigation Act 2006 s. 49(1) and 147(5), application under 86

129CA. Application under Criminal Law (Mental Impairment) Act 2023 s. 88 87

129D. Mandatory Testing (Infectious Diseases) Act 2014 87

129. Disposal of Uncollected Goods Act 1970, application under 88

130A. Application under Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 52N(1) 88

130B. Dealing with application under Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 52N(1) 88

130C. Process where summons issued under Fines, Penalties and Infringement Notices Enforcement Act 1994 Pt. 4 Div. 3E 89

130D. Process where arrest warrant issued under Fines, Penalties and Infringement Notices Enforcement Act 1994 Pt. 4 Div. 3E 89

130E. Process for warrant of commitment inquiry under Fines, Penalties and Infringement Notices Enforcement Act 1994 Pt. 4 Div. 3E 90

130. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 69(1), application under 91

131AA. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94(2), application under 91

131AB. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, location of interpleader proceedings 92

131AC. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, interpleader proceedings 93

131AD. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, power to delay sale 93

131A. National Consumer Credit Protection Act 2009 (Cwlth) s. 199(1)(b), application under 94

131B. Prohibited Behaviour Orders Act 2010, application under 94

131C. Weapons Act 1999 s. 17(1), application under 96

Division 1A — Restraining Orders Act 1997

131CAA. Terms used 97

131CAB. Fixing conference under s. 49D 97

131CA. Fixing hearing under s. 9 or 26 97

131CB. Preparing, serving and delivering restraining orders under s. 10(1) 98

131CC. Application for FVRO under s. 24A 99

131CD. Application for VRO under s. 25 100

131CE. Applicant’s declaration if application is to be made by ECMS 100

131CF. Relationship with Magistrates Court (General) Rules 2005 Pt. 2 Div. 3 101

131D. Forms under Act 101

131E. Court may notify or give documents by email 101

Division 2 — Civil Judgments Enforcement Act 2004

131. Means inquiries, registrars’ powers for 102

132. Other applications and requests dealt with by registrars 102

Division 3A — Warehousemen’s Liens Act 1952

133AAA. Terms used 103

133AAB. Application for order under s. 7(7A) 103

133AAC. Payments into court under s. 10(2A) 104

133AAD. Application for order under s. 10(2B) 104

133AAE. Court may act on its own initiative under s. 10(2B) 106

Division 3 — Applications under other written laws

133AA. Applications under other written laws, making etc. 106

Part 22 — Miscellaneous

133A. Change of venue, application for (Act s. 22) 107

133B. Typographical and other errors, correcting 107

133. Forms to be available 107

134. Partnerships, conduct of cases by 108

135. Who may sign or do other things for partnerships, corporations etc. 108

136. Cases remitted from superior court 109

137. Payments into Court 109

138. Residential Tenancies Act 1987 s. 18(2)(b), notices under 109

Part 23 — Transitional rules for the Magistrates Court Rules Amendment Rules 2020

139. Terms used in this Part 110

140. Application of amended Rules in relation to transitional cases 110

141. Application of former Rules in relation to certain transitional cases 111

142. Listing transitional cases for a status conference 111

143. Court or registrar may give directions in relation to transitional issues 112

Schedule 1 — Forms prescribed for Restraining Orders Act 1997

Notes

Compilation table 186

Defined terms

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Civil Proceedings) Rules 2005

Part 1 — Preliminary

1. Citation

These rules are the Magistrates Court (Civil Proceedings) Rules 2005.

2. Commencement

These rules come into operation on the day on which the Magistrates Court (Civil Proceedings) Act 2004 comes into operation.

3. These rules to be read with Magistrates Court (General) Rules 2005

These rules are to be read with the Magistrates Court (General) Rules 2005.

4. Terms used

In these rules, unless the contrary intention appears —

Act means the Magistrates Court (Civil Proceedings) Act 2004;

application means an application made under Part 18;

approved form means the form approved by the Chief Magistrate;

approved user, of the ECMS, has the meaning given in the Criminal Procedure Regulations 2005 regulation 3(1);

counterclaim means a claim made by a defendant against a claimant including a claim for set‑off;

default judgment means a judgment given under the Act section 19(2)(b), and includes a dismissal of a claim for want of service without consideration of its merits;

defendant means a party against which a claim is made by a claimant;

ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;

enforcement officer has the meaning given to that term in the Civil Judgments Enforcement Act 2004 section 3;

lodge has the meaning affected by rule 95;

order includes a direction;

originating claim means a claim that commences a case;

partnership means —

(a) a partnership as defined in the Partnership Act 1895 section 7; or

(b) an unincorporated company or association formed for the purposes of gain; or

(c) 3 or more persons who otherwise have a joint or several interest or liability in a case;

personal service has a meaning corresponding with the meaning of serve personally;

pre‑trial conference means a conference held under Part 9;

Public Trustee means the Public Trustee under the Public Trustee Act 1941;

registrar does not include a deputy registrar;

response means a response made under rule 9 to a claim;

serve has a meaning affected by rule 100;

serve personally, in relation to a document, means to serve the document in accordance with Part 17 Division 2;

status conference means a conference held under Part 10;

successful party, in relation to a costs order, means the party in whose favour the order is made;

third party means a party against which a third party claim is made;

third party claim means a claim made by a defendant against a party other than the claimant relating to the claim against the defendant;

trial date means the first day of the trial;

unsuccessful party, in relation to a costs order, means a party against which the order is made;

working day means a day other than a Saturday, a Sunday, or a public holiday.

[Rule 4 amended: Gazette 24 Aug 2007 p. 4328; 3 Jun 2008 p. 2123; SL 2020/54 r. 4; SL 2020/67 r. 4.]

5. Application of these rules

(1) Unless the contrary intention appears or the Court in a particular case orders

This is an opening excerpt, not the complete document.