Magistrates Court (Minor Cases Procedure) Rules 2005 (Western Australia)

The Magistrates Court (Minor Cases Procedure) Rules 2005 (WA) set out the procedural framework for “minor cases” in the Magistrates Court. Read with the Magistrates Court (General) Rules 2005 (r. 3), they prescribe how a claim is started and served (r. 7, r. 50-61), how defendants must respond (r. 9), the timing and mechanics for default judgment (Part 4, r. 16-23A), case management steps including status conferences and pre‑trial conferences (Part 5, r. 23, r. 23AA-24), mediation and settlement mechanisms (Part 6 and Part 7, r. 29-36), trial procedures including witness summonses and exhibits (Part 8, r. 37-40, r. 39A), and post‑judgment and special‑category provisions such as handling of money payable to persons under a legal disability (r. 41). The Rules impose an electronic lodgment regime for documents by default (Part 10, r. 47-49D), set detailed service rules (Part 11, r. 50-62A), and create an “inactive case” process that can lead to dismissal (Part 10A, r. 45A-45F). They authorise registrars to exercise much of the Court’s business (r. 43) and provide transitional provisions for major rule amendments (Part 16-17).

The Rules therefore function as an operational playbook: they allocate decision‑making powers between registrars and magistrates (r. 6A; r. 43), fix strict timelines for steps that determine whether a matter proceeds to defended hearing or is met by default judgment (r. 7(3); r. 9(1); Part 4), and mandate procedural steps intended to encourage early resolution by exchange of documents, conferences and mediation (r. 23AA; r. 24; r. 29-32). They also embed an electronic first principle, requiring lodgment through the ECMS unless an exemption applies (r. 47). The Rules expressly permit registrars to give default judgment in the absence of parties (r. 20) and to make costs orders after doing so (r. 23A). They preserve judicial oversight where delay is long, for example by requiring magistrate approval before default judgment where one year has elapsed since service (r. 21; r. 22A).

CrestWestern Australia

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Minor Cases Procedure) Rules 2005

Western Australia

Magistrates Court (Minor Cases Procedure) Rules 2005

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
These rules to be read with the Magistrates Court (General) Rules 2005 1
Terms used 1
When these rules apply 3

6A. Exercise of Court’s powers in Part 3 of the Act 3

Part 2 — How to make and defend a claim

How to make a claim that starts a case 4
How to make a third party claim 4
How to respond to a claim 5

10A. If you admit a claim 5

10B. If you admit part of a claim 5

10C. You may admit liability but dispute the amount claimed 6

How to accept an offer of settlement 6

Part 4 — If you or another party does not defend a claim

When this Part applies 8
If the claim is for a liquidated amount 8
If the claim is for an unliquidated amount 8
If the claim against you is to recover possession of personal property 9
Registrar may give default judgment in absence of parties 9
Registrar not to give judgment in certain cases 9

22A. Default judgment one year or more after originating claim, referral to Magistrate 9

Application for default judgment to be dismissed if not granted 10

23A. Registrar may order costs after giving judgment 10

Part 5 — Status conferences and pre‑trial conferences

Listing case for a status conference 11

23AA. What happens at a status conference 11

What happens at a pre‑trial conference 12

25C. List of documents you might tender at trial 13

Your attendance at a status conference, pre‑trial conference or hearing 13
Listing the case for trial 14
Status of things said or done at a status conference or a pre‑trial conference 14

Part 6 — Mediation

Mediation conference 15
Attendance of parties at mediation conferences 15
Outcome of mediation 15
Further pre‑trial conference if case not settled 15

Part 7 — Consent orders and settlement

Memorandum of consent 16
Registrar may make consent orders or give judgment 16
When the rules require your consent 16
Settling claims involving a person under a legal disability 16

Part 8 — Trial

How the trial of your case is to be conducted 18
Your attendance at trial 18
How to call witnesses 18

39A. Compliance with witness summons 19

Return of things after trial 20

Part 9 — Orders and judgments

Money paid to you if you are a person under a legal disability 21
Setting aside default judgment 21
Decisions of registrars 21
Requests for certificate of judgment 21

Part 10A — Inactive cases

45A. Term used: inactive case 22

45B. When your case becomes inactive 22

45C. Notification of inactive cases 22

45D. Consequences of case becoming an inactive case 23

45E. Cases no longer taken to be inactive 23

45F. Dismissal of inactive cases 24

Part 10 — How to lodge documents

How to lodge a document 25
Where you may lodge a claim that starts a case 25
You must lodge a document by using the ECMS unless these rules permit you not to 25
Lodging documents by email 26
Form of documents lodged using ECMS or by email 26

49A. Time documents are lodged 27

49B. General provisions as to lodgment 27

49C. Lodging documents by post or fax 28

49D. The Court may convert paper documents to electronic form 28

Part 11 — How to serve documents

Division 1 — General

Meaning of serve 29
How to serve a document 29
An enforcement officer may serve documents for you 30
You must lodge an affidavit after serving a document 30

Division 2 — Service at a residential or business address

Your address must be on each document 31
If you are not represented 31
If you are represented 32
If your address changes 32

Division 3 — Personal service

Service on an individual personally 32
Service on a partnership personally 33
Service on a corporation personally 33
Service on a public authority personally 34

Division 4 — Miscellaneous

62A. Applications for substituted service 34

Part 12 — How to make an application

How to make a written application 35
Your supporting affidavit 35
Application must be served 35
Response to an application 36
How the Court will deal with your application 36

Part 13 — Affidavits

Form of an affidavit 37
Content of an affidavit 37

Part 14 — If you need a litigation guardian

Terms used 38
When this Part applies 38
If you are a represented person 38
Affidavit your litigation guardian must lodge and serve if you are a represented person 39
If you are a child 40
Affidavits your litigation guardian must lodge and serve if you are a child 40
Person may apply to be appointed your litigation guardian 41

Part 15 — Miscellaneous

76A. If you are making an application under the Residential Tenancies Act 1987 42

76B. If you want to change venues 42

76C. If you want to correct typographical and other errors 42

You may discontinue claim 43
Availability of forms 43
Partnership name may be used 43
When you are required to do things personally and you are not an individual 43
Payments into Court 44
Registrar’s powers under the Civil Judgments Enforcement Act 2004 44

Part 16 — Transitional rules for the Magistrates Court Rules Amendment Rules 2020

Terms used in this Part 46
Application of amended Rules in relation to transitional cases 46
Application of former Rules in relation to certain transitional cases 47
Listing transitional cases for a status conference 47
Court or registrar may give directions in relation to transitional issues 48

Part 17 — Transitional rules for the Magistrates Court Rules Amendment Rules 2022

Consumer/trader claims 49

Notes

Compilation table 50

Defined terms

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Minor Cases Procedure) Rules 2005

Part 1 — Preliminary

1. Citation

These rules are the Magistrates Court (Minor Cases Procedure) 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 the 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;

administrative staff member means a person referred to in the Magistrates Court Act 2004 section 26(1);

agent means a legal practitioner or any other person who is representing you with the leave of the Court;

application means an application made under Part 12;

approved form means the form approved by the Chief Magistrate;

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

default judgment means a judgment without trial given against a party for a failure by the party to comply with the Act, these rules or an order made by the Court, 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;

departmental officer means a person employed in the department of the Public Service principally assisting in the administration of the Magistrates Court Act 2004;

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

ECMS exempt, in relation to a document, has the meaning given in the Magistrates Court (Civil Proceedings) Rules 2005 rule 96;

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 47;

order includes a direction;

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

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

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 50;

serve personally in relation to a document, means to serve the document in accordance with Part 11 Division 3;

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;

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

[Rule 4 amended: Gazette 24 Aug 2007 p. 4333; 3 Jun 2008 p. 2139; 3 May 2016 p. 1362; SL 2021/25 r. 28; SL 2022/106 r. 8.]

5. When these rules apply

Unless the Court in a particular case orders otherwise, these rules apply in every minor case.

6A. Exercise of Court’s powers in Part 3 of the Act

The Court’s powers in Part 3 of the Act, except sections 14, 18 and 25, may be exercised by the Court in every circumstance.

[Rule 6A inserted as rule 5A: Gazette 10 Jun 2005 p. 2566; renumbered as rule 6A: Gazette 3 Jun 2008 p. 2139.]

Part 2 — How to make and defend a claim

[Heading amended: SL 2022/54 r. 9.]

[6. Deleted: SL 2022/54 r. 10.]

7. How to make a claim that starts a case

(1) If you want to make a claim that starts a case you must lodge the approved form.

[(2) deleted]

(3) You must serve your claim as soon as practicable, and in any event within one year, after the day on which you lodge it.

(4) Unless these rules or an Act says otherwise, your claim must be served personally on the party you are claiming against.

[Rule 7 inserted: Gazette 3 Jun 2008 p. 2139; amended: Gazette 30 Sep 2016 p. 4175; SL 2020/67 r. 44.]

[7A. Deleted: SL 2020/67 r. 45.]

8. How to make a third party claim

(1) If you want to make a third party claim you must lodge the approved form.

[(2)‑(3) deleted]

(4) Unless these rules or an Act says otherwise, your third party claim must be served personally on the party you are claiming against.

[Rule 8 inserted: Gazette 3 Jun 2008 p. 2139‑40; amended: Gazette 30 Sep 2016 p. 4175; SL 2020/67 r. 46.]

9. How to respond to a claim

(1) If a claim has been made against you, you must lodge a response to the claim in the approved form with the Court within 14 days after the claim was served.

[(2) deleted]

(3) After you lodge your response, the Court will give a copy of it to the party which made the claim against you and to every other party to your case.

[Rule 9 amended: Gazette 3 Jun 2008 p. 2140; 30 Sep 2016 p. 4175; SL 2020/67 r. 47.]

[9A. Deleted: SL 2020/67 r. 48.]

10A. If you admit a claim

If in a response you admit liability for the whole of the claim and agree to pay the amount claimed, a registrar may give judgment against you in accordance with that admission.

[Rule 10A inserted: Gazette 3 Jun 2008 p. 2140.]

10B. If you admit part of a claim

(1) If in a response you admit liability for part of a claim made against you but indicate that you want to defend the rest of the claim, in your response you —

(a) must outline the basis upon which you admit part of the claim; and

(b) may offer an amount as full satisfaction for the claim.

(2) The other party may accept your offer by lodging and serving a notice of acceptance in an approved form within 14 days after receiving your response.

(3) If your offer is accepted, the registrar may give judgment against you in accordance with your admission and offer.

[Rule 10B inserted: Gazette 3 Jun 2008 p. 2140; amended: SL 2020/67 r. 49.]

10C. You may admit liability but dispute the amount claimed

(1) If in a response —

(a) you admit liability for the whole of an unliquidated claim; but

(b) you do not agree to the amount sought by the other party,

you may, in your response, apply to the Court to determine the amount that should be awarded for the claim.

(2) The Court must then list the case for a status conference and notify you and the other parties in writing.

(3) At a status conference a magistrate may —

(a) make any orders necessary to facilitate settlement or ensure the case is ready to be listed for a hearing at which the Court will assess the amount that should be awarded for the claim; or

(b) list the case for a hearing at which the Court will assess the amount that should be awarded for the claim.

[Rule 10C inserted: Gazette 3 Jun 2008 p. 2140‑1; amended: Gazette 24 May 2013 p. 2057; SL 2020/67 r. 50.]

10. How to accept an offer of settlement

(1) If you have made a claim against a party and that party has, in its response, offered to settle the whole or part of your claim, you may accept that offer, or any part of the offer, by lodging and serving a notice of acceptance on the party at any time before the case is listed for a status conference or such other time as is ordered by the Court.

(2) The notice of acceptance must be in the approved form.

[Rule 10 inserted: Gazette 3 Jun 2008 p. 2141; amended: SL 2020/67 r. 51.]

[Part 3 (r. 11‑15) deleted: SL 2022/54 r. 11.]

Part 4 — If you or another party does not defend a claim

16. When this Part applies

This Part applies if an application for default judgment is made against you or another party for a failure to lodge and serve a response in accordance with rule 9(1).

[Rule 16 inserted: SL 2020/67 r. 56.]

17. If the claim is for a liquidated amount

Unless rule 21 applies, if the claim is for a liquidated amount a registrar is to give default judgment for that amount.

[Rule 17 inserted: SL 2020/67 r. 56.]

18. If the claim is for an unliquidated amount

(1) Unless rule 21 applies, if the claim is for an unliquidated amount a registrar is to give default judgment for an unliquidated amount.

(2) When the registrar gives default judgment for an unliquidated amount, the registrar may do any or all of the following —

(a) request that you or another party lodge additional supporting material in relation to the claim;

(b) give default judgment against the defendant for a specified amount, if the registrar is able to assess the amount from any additional supporting material lodged;

(3) If the registrar lists the application for a hearing under subrule (2)(c) —

(a) the registrar must notify you and the other parties in writing at least 28 days before the hearing; and

(b) you must lodge and serve a supporting affidavit at least 14 days before the hearing.

(4) An application for default judgment under this Part does not need to be supported by an affidavit unless a hearing is listed under subrule (2)(c).

[Rule 18 inserted: SL 2020/67 r. 56.]

19. If the claim against you is to recover possession of personal property

Unless rule 21 applies, a registrar may give default judgment for a claim to recover possession of personal property.

[Rule 19 amended: SL 2022/54 r. 12.]

20. Registrar may give default judgment in absence of parties

A registrar may give default judgment under this Part in the absence of the parties.

21. Registrar not to give judgment in certain cases

[(1) deleted]

(2) A registrar must not, without the approval of a Magistrate, give default judgment against you under this Part if one year or more has passed since the claim that started the case was served.

[Rule 21 inserted: Gazette 3 Jun 2008 p. 2142; amended: Gazette 24 May 2013 p. 2058; SL 2020/67 r. 57.]

22A. Default judgment one year or more after originating claim, referral to Magistrate

(1) If one year or more has passed since the claim that started the case was served, a registrar may, if an application for default judgment has been made, refer the matter to a Magistrate.

(2) If a matter is referred to a Magistrate the person who applied for default judgment must provide an affidavit setting out the reasons for the delay in the matter being finalised.

(3) If a matter is referred to a Magistrate, the Magistrate may give approval for the registrar to give default judgment under this Part.

[Rule 22A inserted: Gazette 24 May 2013 p. 2058.]

22. Application for default judgment to be dismissed if not granted

If the registrar decides not to grant an application for default judgment, the registrar must dismiss it.

[Rule 22 inserted: Gazette 21 Jul 2017 p. 4026.]

23A. Registrar may order costs after giving judgment

When the registrar gives default judgment under this Part the registrar may also make an order for costs under the Act section 31(2).

[Rule 23A inserted as rule 22A: Gazette 10 Jun 2005 p. 2566; renumbered as rule 23A: Gazette 3 Jun 2008 p. 2143.]

Part 5 — Status conferences and pre‑trial conferences

[Heading inserted: SL 2020/67 r. 58.]

23. Listing case for a status conference

(1) If a defendant lodges a response, a registrar must, within 14 days, list the case for a status conference.

(2) The registrar must notify you and the other parties in writing of the status conference.

[Rule 23 inserted: Gazette 3 Jun 2008 p. 2143; amended: Gazette 30 Sep 2016 p. 4176; SL 2020/67 r. 59.]

23AA. What happens at a status conference

(1) The purpose of a status conference is to allow for the management of a case.

(2) Specifically, at a status conference the Court may do any or all of the following —

(a) refer the case to a pre‑trial conference to be conducted by a registrar immediately;

(b) determine what facts, if any, are agreed by the parties;

(i) lodge and serve lists of documents the parties might tender in evidence at the trial in support of their claims or defences; or

(ii) exchange any other documents or information;

(d) extend the time for making counterclaims or third party claims (even if the time for making those claims has passed);

(e) list the case for a further status conference;

(f) make any other orders necessary to facilitate settlement or ensure the case is ready for trial.

(3) If the case involves a counterclaim that is not a minor case, then, at the status conference —

(a) the Court will consider whether or not you and the other parties consent to the counterclaim being dealt with under these rules; and

(b) if the parties do not consent to the counterclaim being dealt with under these rules, the court must —

(i) list the case for a hearing before the Court for it to determine what part of the case, if any, is to be dealt with under these rules; and

(ii) notify you and the other parties in writing of the hearing date.

(4) If the Court determines at the hearing referred to in subrule (3) that part of the case is to be dealt with under these rules, it will list the case for a further status conference.

(5) The court must notify you and the other parties in writing of the listing under subrule (4).

[Rule 23AA inserted: SL 2020/67 r. 60.]

24. What happens at a pre‑trial conference

(1) At a pre‑trial conference the registrar may do any or all of the things that the Court may do at a status conference under rule 23AA(2)(b) to (f).

[(2)‑(3) deleted]

(4) The registrar must notify you and the other parties in writing of any further status conference or pre‑trial conference.

[(5) deleted]

[Rule 24 amended: Gazette 3 Jun 2008 p. 2143‑4; 30 Sep 2016 p. 4176; SL 2020/67 r. 61.]

[25A, 25B. Deleted: Gazette 30 Sep 2016 p. 4176.]

25C. List of documents you might tender at trial

(1) If the registrar at the pre‑trial conference orders you to lodge and serve a list of any documents that you might tender in evidence at the trial in support of your claim or defence, you must do so in the approved form.

(2) You may, at any stage of your case, lodge and serve an amended list of those documents to correct any errors.

(3) You must lodge and serve an amended list of those documents as soon as practicable after you come into possession, or become aware that you are in possession, of any further documents that you might tender in evidence at the trial in support of your claim or defence.

(4) You must have all the documents specified on your list available at the trial.

(5) At the trial you cannot, without the leave of the Court, tender into evidence a document that was not on your list before the trial commenced.

[Rule 25C inserted: Gazette 3 Jun 2008 p. 2145.]

[25. Deleted: SL 2020/67 r. 62.]

26. Your attendance at a status conference, pre‑trial conference or hearing

(1) You must attend a status conference, pre‑trial conference, or any hearing referred to in rule 23AA(3), in person.

(1A) A subrogated insurer who is authorised in writing by you may, upon presentation of the written authorisation to the Court, represent or assist you at a status conference, a pre‑trial conference or a hearing referred to in rule 23AA(3), but not at the trial of your case.

(2) If you do not attend a pre‑trial conference, the registrar at the pre‑trial conference may give default judgment against you. In that case Part 4, except rule 21, applies with any necessary modifications in relation to the default judgment.

[Rule 26 amended: SL 2020/67 r. 63.]

27. Listing the case for trial

Unless the registrar at a pre‑trial conference lists the case for a further pre‑trial conference, the registrar must list the case for trial and notify you and the other parties in writing.

28. Status of things said or done at a status conference or a pre‑trial conference

(1A) A status conference must be conducted before a magistrate.

(1) A pre‑trial conference must be conducted before a registrar.

(2) Anything said or done by you or another party for the purpose of attempting to settle a case at a status conference or a pre‑trial conference is to be taken to be said or done without prejudice to any evidence or submission that you or the other party —

(a) has adduced or made; or

(b) may subsequently adduce or make,

in or in respect of the proceedings, and the saying or doing of that thing does not disqualify the registrar who conducted the pre‑trial conference from later dealing with the case.

[Rule 28 amended: SL 2020/67 r. 64.]

Part 6 — Mediation

29. Mediation conference

(1) If the Court orders you and the other parties to attend before a mediator, you must ensure that a mediation conference before the mediator is arranged.

(2) A mediation conference must be conducted in private.

30. Attendance of parties at mediation conferences

Unless the mediator otherwise approves, you must attend a mediation conference in person.

31. Outcome of mediation

If you are the claimant you must, within 14 days after the mediation conference, lodge a notice of the outcome of the mediation in the approved form.

32. Further pre‑trial conference if case not settled

If the case is not settled at the mediation conference a registrar must list the case for a further pre‑trial conference and notify you and the other parties in writing.

Part 7 — Consent orders and settlement

33. Memorandum of consent

If you want to settle a case or consent to any other order you may lodge a memorandum to that effect in the approved form, signed by you and every other party.

34. Registrar may make consent orders or give judgment

(1) When a memorandum of consent is lodged, a registrar may, unless subrule (2) applies, make the orders or give the judgment consented to.

(2) The registrar must not make an order —

(a) adjourning the trial of a case; or

(b) extending the time for complying with any rule of court or practice direction, or any order made by the Court.

35. When the rules require your consent

Where the Act or these rules require your consent before something can be done, you may give that consent by lodging a notice of consent to that effect in the approved form and signed by you.

36. Settling claims involving a person under a legal disability

(1) If you make an application for the approval of the settlement of a case in which there is a claim by or against a person under a legal disability, that application —

(a) is not required to be served on any other party; and

(b) may be dealt with in the absence of the parties.

(2) Unless the Court orders otherwise, in addition to the supporting affidavit required under rule 65, your application must be supported by an affidavit of an independent legal practitioner verifying that the settlement is in the best interests of the person under a legal disability.

(3) The settlement of a case in which there is a claim by or against a person under a legal disability has effect on and from the day the Court gives its approval to it.

[Rule 36 amended: Gazette 3 Jun 2008 p. 2145; SL 2022/106 r. 8.]

Part 8 — Trial

37. How the trial of your case is to be conducted

The trial of your case must be conducted in accordance with orders given by the Court.

[Rule 37 amended: Gazette 3 Jun 2008 p. 2145.]

38. Your attendance at trial

You must attend the trial of your case in person.

39. How to call witnesses

(1) If you want to require someone to give evidence or to produce something at the trial of your case, you must lodge a request for the Court to issue a witness summons.

(2) Your request must be in the approved form and must be accompanied by —

(a) a draft witness summons, in the approved form, that requires the witness to attend the Court to give oral evidence in the case; or

(b) a draft witness summons, in the approved form, that requires the witness to produce to the Court, either at the same time as giving the oral evidence or at an earlier time specified in the summons, evidentiary material that is relevant to the case.

(3) If the Court issues the requested witness summons, you must serve —

(a) the witness summons on the witness at least 14 days before the trial date or by an earlier date as directed by the Court; and

(b) a copy of the witness summons on each other party as soon as practicable after the summons is served on the witness.

(4) The witness summons must be served personally on the witness.

(5) You must ensure that at the time the witness summons is served on a witness, or at a reasonable time before the attendance date —

(a) an amount that is likely to be sufficient to meet the reasonable expenses of attending the Court is tendered to the witness; or

(b) arrangements to enable the witness to attend the Court are made with the witness; or

(6) The person who serves a witness with the witness summons must record how subrule (5) was complied with on a copy of the witness summons.

(7) If a copy of a witness summons contains information recorded in accordance with subrule (6) it is to be presumed that the information is true, unless the contrary is proved.

[Rule 39 amended: Gazette 21 Jul 2017 p. 4027; SL 2025/42 r. 6.]

39A. Compliance with witness summons

(1) Your witness must comply with a witness summons requested under rule 39(2)(b) by delivering or sending the evidentiary material and a copy of the witness summons to the Court at the date, time and place specified for production.

(1A) For the purposes of subrule (1), evidentiary material and a copy of the witness summons that are delivered or sent by using the ECMS are taken to have been delivered or sent to the Court at the place specified for production.

(2) In the case of a witness summons requested under rule 39(2)(a) and (b), compliance with subrule (1) does not discharge your witness from the requirement to attend Court to give evidence.

(3) Unless your witness summons specifically requires the production of an original document, your witness may produce a copy of it.

(4) The copy of a document may be —

(a) a photocopy; or

(b) in PDF format on a CD‑ROM.

[Rule 39A inserted: Gazette 21 Jul 2017 p. 4027; amended: SL 2022/54 r. 13.]

40. Return of things after trial

(1) If, during your trial, you tender to the Court something that you are entitled to possess you will not be entitled to have that thing returned to you —

(a) if no appeal against the judgment is lodged, until 21 days after the day on which the judgment was given; or

(b) if an appeal against the judgment is lodged, until the appeal has been dealt with.

(2) The registrar must give you written notice of your entitlement to the return of something under subrule (1) as soon as practicable after the exhibit is tendered at your trial.

(3) If you do not take possession of the thing within 60 days after your entitlement to the return of something under subrule (1) arises, the registrar may dispose of the thing as the registrar thinks fit.

[Rule 40 amended: Gazette 18 Sep 2018 p. 3516.]

Part 9 — Orders and judgments

41. Money paid to you if you are a person under a legal disability

(1) If you are a person under a legal disability and under a judgment money is to be paid to you, the money is to be paid to the Public Trustee to hold on trust for you.

(2) The Public Trustee must invest the money for you and may, if the Court so orders, invest it other than in accordance with the Public Trustee Act 1941 section 39C.

[Rule 41 amended: Gazette 24 May 2013 p. 2059.]

42. Setting aside default judgment

If the Court gives default judgment against you and you want to apply for the judgment to be set aside you must apply within 21 days after the judgment was given or by such other date as the Court allows.

[Rule 42 amended: SL 2020/67 r. 65.]

43. Decisions of registrars

(1) If a registrar exercises any jurisdiction of the Court, the decision of the registrar is to be taken to be a decision of the Court unless it is set aside on an appeal.

(2) Nothing in this rule limits the application of the Magistrates Court (Civil Proceedings) Act 2004 section 19(3) to the judgment of a registrar made under section 19(2) of that Act.

[Rule 43 amended: Gazette 24 May 2013 p. 2059.]

44. Requests for certificate of judgment

If you want a certificate of a judgment, you must lodge a request for the judgment in an approved form.

Part 10A — Inactive cases

[Heading inserted: Gazette 5 Apr 2019 p. 1014.]

45A. Term used: inactive case

In this Part —

inactive case means a case that has become inactive under rule 45B.

[Rule 45A inserted: Gazette 5 Apr 2019 p. 1015.]

45B. When your case becomes inactive

(1) If neither you nor any other party to your case has taken any procedural step for 12 months your case becomes an inactive case, unless the Court orders otherwise.

(2) A magistrate or registrar who makes an order or direction in relation to your case may direct that, unless the order or direction is complied with by a stated date, your case becomes an inactive case on that date.

(3) Unless it is cancelled by a magistrate or registrar before it takes effect, a direction made under subrule (2) takes effect according to its terms.

[(4) deleted]

[Rule 45B inserted: Gazette 31 Dec 2013 p. 6545-6; amended: Gazette 5 Apr 2019 p. 1015.]

45C. Notification of inactive cases

(1) If your case becomes an inactive case, the Court is to give you and all the other parties to the case written notice of —

(a) the fact that the case has become an inactive case and why; and

(b) the effect of rule 45D.

(2) If an agent representing a party to a case receives a notice under subrule (1), the agent is to notify the party as soon as practicable of —

(a) the fact that the case has become an inactive case and why; and

(b) the effect of rule 45D.

[Rule 45C inserted: Gazette 5 Apr 2019 p. 1015.]

45D. Consequences of case becoming an inactive case

So long as your case is an inactive case, the only documents that you may lodge with the Court in relation to the case are —

(a) an application for an order under rule 45E; or

(b) a notice of discontinuance under rule 76; or

[Rule 45D inserted: Gazette 31 Dec 2013 p. 6546; amended: Gazette 5 Apr 2019 p. 1015.]

45E. Cases no longer taken to be inactive

(1) If your case is an inactive case, you may apply to the Court for an order that the case is no longer taken to be inactive.

(2) The Court may order that an inactive case is no longer taken to be inactive —

(a) if it is satisfied that the case will be conducted in a timely way; or

(b) for any other good reason.

(3) When the Court orders that your case is no longer taken to be inactive, it may make further orders for the conduct of the case in a timely way.

[Rule 45E inserted: Gazette 5 Apr 2019 p. 1016.]

45F. Dismissal of inactive cases

(1) If your case remains an inactive case for 6 continuous months, it is taken to be dismissed.

(2) If the Court orders that your case is no longer taken to be inactive and neither you nor any other party to the case takes any procedural step in the case in the 6 months after the date of the order, your case is taken to be dismissed.

(3) If your case is taken to be dismissed under subrule (1) or (2) —

(a) you or any other party to the case may apply for an order for costs; and

(b) the Court may make an order for costs.

(4) The Court may, in exceptional circumstances and on such terms as it thinks just, set aside the dismissal of your case under this rule.

(5) For the purposes of subrule (4), it does not matter that your case was taken to be dismissed before the commencement of that subrule.

[Rule 45F inserted: Gazette 5 Apr 2019 p. 1016.]

Part 10 — How to lodge documents

[Heading inserted: SL 2021/25 r. 29.]

45. How to lodge a document

To lodge a document you must present it to the Court following the rules in this Part together with —

(a) the fee (if any) required to be paid under the Magistrates Court (Fees) Regulations 2005; or

(b) any information the Court needs to enable the Court to be paid the fee.

[Rule 45 inserted: SL 2021/25 r. 29.]

46. Where you may lodge a claim that starts a case

You may lodge a claim that starts a case at any registry of the Court except a registry of the Court where the only registrar is a member of the Police Force who is a deputy registrar under the Magistrates Court Act 2004 section 26(5).

[Rule 46 inserted: SL 2021/25 r. 29.]

47. You must lodge a document by using the ECMS unless these rules permit you not to

(1) You must lodge a document by using the ECMS unless —

(a) you are ECMS exempt in relation to the document; or

(b) the ECMS —

(i) has been declared unavailable for use under the Magistrates Court (Civil Proceedings) Rules 2005 rule 99; or

(ii) is otherwise unavailable for use; or

(iii) does not permit the document to be lodged.

(2) If you are not required to lodge a document by using the ECMS, you may lodge it by —

(a) delivering it by hand; or

(b) emailing it (see rule 48); or

(d) faxing it (see rule 49C).

[Rule 47 inserted: SL 2021/25 r. 29.]

48. Lodging documents by email

If you want to lodge a document by email and you are permitted to do so by these rules, you must comply with the lodgment requirements set out in the Magistrates Court (Civil Proceedings) Rules 2005 rule 98D.

[Rule 48 inserted: SL 2021/25 r. 29.]

49. Form of documents lodged using ECMS or by email

(1) You must comply with this rule if you want to lodge a document by using the ECMS or by email.

(2) If the document is an affidavit, a consent to the Court doing anything, or a document signed by someone who is not a party to your case, you must —

(a) ensure that the document is signed; and

(b) convert it to .pdf format; and

(d) keep the signed copy and produce it if required to do so by the Court.

(3) For any other document that must be signed under the Magistrates Court (General) Rules 2005 or the Magistrates Court (Civil Proceedings) Rules 2005, you must —

(a) ensure that the document is signed; and

(b) present a copy of the document, in .docx format, instead of the signed copy; and

(c) in any place in the copy of the document in .docx format where a signature would otherwise be required, state the name of the person who is required to sign it; and

(d) retain the signed copy and produce it if required to do so by the Court.

[Rule 49 inserted: SL 2021/25 r. 29.]

49A. Time documents are lodged

Documents lodged by using the ECMS or by email or fax are taken to have been lodged —

(a) in the case of lodging by using the ECMS — on the day and at the time when the ECMS records the lodgment; and

(b) in the case of lodging by email — on the day and at the time when the Court receives the email; and

[Rule 49A inserted: SL 2021/25 r. 29.]

49B. General provisions as to lodgment

(1) You do not need to comply with a requirement by the Court to lodge 2 or more copies of a document if you lodge the document by using the ECMS or by email.

(2) The Court or a registrar may reject a document that you present for lodgment if —

(a) the form and content of the document do not comply with these rules and any Court order or direction; or

(b) the document is not presented following the rules in this Part.

(3) If the Court or a registrar rejects a document under subrule (2), a registrar must notify the person who presented the document for lodgment.

(4) If you present a document for lodgment by using the ECMS or by email, the Court or a registrar may order you to —

(a) bring the original document to any conference or hearing in the case; or

(b) lodge the original document.

[Rule 49B inserted: SL 2021/25 r. 29.]

49C. Lodging documents by post or fax

If you want to lodge a document by post or fax and you are permitted to do so by these rules, you must comply with the lodgment requirements set out in the Magistrates Court (Civil Proceedings) Rules 2005 rule 98F or 98G.

[Rule 49C inserted: SL 2021/25 r. 29.]

49D. The Court may convert paper documents to electronic form

The Court may convert the lodged paper copy of a document to an electronic format and record it in the ECMS as if it had been lodged by using the ECMS.

[Rule 49D inserted: SL 2021/25 r. 29.]

Part 11 — How to serve documents

Division 1 — General

50. Meaning of serve

If these rules require you to serve a document —

(a) you must serve a copy of the document returned after lodgment bearing the seal of the Court; and

(b) unless the rules provide otherwise, you must serve it on each other party.

51. How to serve a document

(1) Unless personal service is required under these rules, if you want to serve a document on a person you must —

(a) deliver the document to the person; or

(b) send the document by pre‑paid post to the person; or

(2) If you want to serve a document by delivery or pre‑paid post and an address for service has been provided under Division 2, you must serve it at that address.

(3) If you want to serve a document by delivery or pre‑paid post and the party you want to serve has not provided an address for service under Division 2, you must serve it at the party’s usual or last known place of residence or principal or last known place of business or the party’s usual postal address.

(4) In order to serve a document on someone personally, you must serve it in accordance with Division 3.

(5) Nothing in this rule prevents you from serving a person in a manner other than in accordance with this rule if the person consents to being served in that manner.

[Rule 51 amended: Gazette 24 May 2013 p. 2059.]

52. An enforcement officer may serve documents for you

(1) You may ask an enforcement officer, an administrative staff member or a departmental officer to serve a document for you.

(1A) If an enforcement officer, administrative staff member or departmental officer serves a document for you, that person must, as soon as practicable after the service, give you a certificate of the service.

(2) The certificate must be in an approved form.

(3) The certificate is admissible as evidence and, in the absence of proof to the contrary, is proof that the document was served by the enforcement officer, administrative staff member or departmental officer.

[Rule 52 amended: Gazette 24 Aug 2007 p. 4334; 3 May 2016 p. 1362.]

53. You must lodge an affidavit after serving a document

(1) If you serve a document personally, or someone other than an enforcement officer, administrative staff member or departmental officer serves the document for you, you must lodge an affidavit of service completed by whoever served the document.

(2) The affidavit of service must state when, where, how and by whom service was effected.

[Rule 53 amended: Gazette 24 Aug 2007 p. 4334; 3 May 2016 p. 1362.]

Division 2 — Service at a residential or business address

[Heading inserted: Gazette 20 May 2011 p. 1840.]

54. Your address must be on each document

(1) If you lodge a document in relation to a case, the document must contain your residential or business address for service.

(2) The address for service specified on the document is to be taken to be your address for service under this Division until —

(a) if your document specifies the address of an agent under rule 56 — your agent lodges a notice in the approved form stating that he or she no longer acts for you; or

(b) you lodge a notice of change of address under rule 57.

[Rule 54 amended: Gazette 3 Jun 2008 p. 2145‑6.]

55. If you are not represented

(1) If you are an individual who is not represented by an agent, the address for service is to be your usual place of residence, your principal place of business or your postal address.

(2A) If you are an individual who is not represented by an agent and you provide a postal address as your address for service you must also provide the Court and each of the other parties details of your usual place of residence or principal place of business.

(2) If you are a partnership that is not represented by an agent, your address for service is to be your principal place of business.

(3) If you are a corporation that is not represented by an agent, your address for service is to be your registered office or principal place of business.

[Rule 55 amended: Gazette 3 Jun 2008 p. 2146; 24 May 2013 p. 2059.]

56. If you are represented

(1) If you are represented by a legal practitioner, your address for service is to be your legal practitioner’s principal place of business or your legal practitioner’s number (if any) at a document exchange approved by the Chief Magistrate.

(2) If you are represented by an agent who is not a legal practitioner, your address for service is to be your agent’s usual place of residence or principal place of business.

[Rule 56 amended: Gazette 3 Jun 2008 p. 2146; SL 2022/106 r. 8.]

57. If your address changes

(1) If your address for service under this rule changes after documents have been lodged in relation to your case, you must lodge and serve a notice of change of address as soon as practicable after the address has changed.

(2) Your notice of change of address must be in the approved form.

Division 3 — Personal service

58. Service on an individual personally

In order to serve a document on an individual personally you must —

(a) hand the document to the individual or, if he or she is a person under a legal disability, to his or her parent, guardian or litigation guardian; or

(b) if the individual or the individual’s parent, guardian or litigation guardian, as the case may be, does not accept the document, put the document down in his or her presence and advise him or her of the nature of the document; or

(d) hand the document to someone at the individual’s usual or last known place of residence or business who is believed, on reasonable grounds, to have reached 18 years of age; or

(e) hand the document to an agent who is acting for the individual.

[Rule 58 amended: Gazette 2 Jul 2010 p. 3196; 31 Dec 2013 p. 6547.]

59. Service on a partnership personally

In order to serve a document on a partnership personally you must —

(a) hand the document to one of the partners; or

(b) if the partner does not accept the document, put the document down in the partner’s presence and advise the partner of the nature of the document; or

(c) hand the document to someone at the partnership’s principal or last known place of business who, on reasonable grounds, is believed to be in charge of the business at the time of service; or

(d) hand the document to a legal practitioner who is acting for the partnership.

[Rule 59 amended: SL 2022/106 r. 8.]

60. Service on a corporation personally

(1) In order to serve a document on a corporation personally you must hand the document to —

(a) a person who, on reasonable grounds, is believed to be a director of the corporation who resides in Australia; or

(b) a legal practitioner who is acting for the corporation.

(2) This rule applies in addition to the Corporations Act 2001 of the Commonwealth.

[Rule 60 inserted: Gazette 3 Jun 2008 p. 2146; amended: SL 2022/106 r. 8.]

61. Service on a public authority personally

In order to serve a document on a public authority personally you must —

(a) hand the document to a person who, on reasonable grounds, is believed to be the chief executive officer of the public authority or a person authorised by the chief executive officer to receive documents for the purposes of this paragraph; or

(b) hand the document to a legal practitioner who is acting for the public authority.

[Rule 61 amended: SL 2022/106 r. 8.]

Division 4 — Miscellaneous

[Heading inserted: Gazette 3 Jun 2008 p. 2147.]

62A. Applications for substituted service

(1) If you cannot serve a document on another party in accordance with Divisions 1 to 3, you may apply to the Court to make an order under the Act section 16(1)(t) that —

(a) you may serve the party by a substituted form of service; or

(b) if it is appropriate in the circumstances, you do not have to serve the party.

(2) The application —

(a) is not required to be served on any other party; and

(b) may be dealt with in the absence of the parties.

[Rule 62A inserted: Gazette 3 Jun 2008 p. 2147.]

Part 12 — How to make an application

62. How to make a written application

(1) If you want to make an application for a Court order other than —

(a) a judgment after trial; or

(b) an order made in or as a consequence of a judgment not being an order to set aside a judgment given under the Act section 17(3), 18(6), or 19(3),

you must lodge the approved form unless the Court gives you leave to make an oral application under subrule (2).

(2) You may, with the leave of the Court, make an oral application at any hearing before the Court.

63. Your supporting affidavit

Unless rule 18(3) applies, if you are making a written application it must be lodged together with a supporting affidavit.

64. Application must be served

(1) Unless subrule (2) applies, if you have made a written application you must serve a copy of the application and any supporting affidavit on every other party after it has been lodged and at least 10 days before the hearing of the application.

(2) Subrule (1) does not apply to your application if —

(a) your application is for default judgment against another party —

(i) for a failure by the other party to lodge a response in accordance with rule 9(1); or

(ii) for a failure by the other party to lodge a statement of defence in accordance with rule 9A; or

(iii) for a failure by the other party to do something else, and these rules state that the default judgment may be given in the absence of the parties;

(b) your application is for something else and —

(i) these rules provide that your application does not need to be served; or

(ii) the Court dealing with your application orders otherwise.

[Rule 64 amended: Gazette 3 Jun 2008 p. 2147; 20 May 2011 p. 1840-1; 30 Sep 2016 p. 4176.]

65. Response to an application

(1) If you have been served with an application you must, at least 3 working days before the hearing of the application, lodge and serve —

(a) a response to the application stating whether you consent or object to each order sought in the application; and

(b) unless you consent to every order sought in the application, an affidavit supporting your response; and

(2) Your response must be in the approved form.

66. How the Court will deal with your application

Your application will be dealt with in your presence and in the presence of every other party to the application unless —

(a) these rules provide otherwise; or

(b) the Court dealing with your application orders otherwise.

[Rule 66 amended: Gazette 3 Jun 2008 p. 2148.]

Part 13 — Affidavits

67. Form of an affidavit

An affidavit lodged by you must be in the approved form.

68. Content of an affidavit

(1) Unless subrule (2) applies, an affidavit must be confined to facts to which the person making the affidavit is able to say from his or her own knowledge.

(2) An affidavit may contain statements based on information received by the person making the affidavit, and believed by that person to be true, if the affidavit also contains the sources or grounds of that information or belief.

(3) Any addition, alteration or erasure in an affidavit must be initialled by the person making the affidavit and the person before whom the affidavit was sworn or affirmed.

[Rule 68 amended: Gazette 3 Jun 2008 p. 2148.]

Part 14 — If you need a litigation guardian

69. Terms used

In this Part —

child means a person who is under 18 years of age and who is not a represented person;

represented person has the meaning given to that term in the Guardianship and Administration Act 1990 section 3(1).

70. When this Part applies

This Part applies if you are a person under a legal disability and you are, or intend to be, a party to a case.

71. If you are a represented person

(1) If you are a represented person you must have a litigation guardian to conduct the case on your behalf unless the Court orders otherwise.

(2) Except as provided in subrule (3), your guardian or administrator is to be your litigation guardian if the guardianship or administration order that applies to you —

(a) is plenary; or

(b) otherwise confers on your guardian or administrator the function of conducting or settling legal proceedings on your behalf.

(3) If the Public Trustee is a joint administrator of your estate, the Public Trustee is to be your sole litigation guardian.

(4) If you are a represented person who is not referred to in subrule (2) you may have as your litigation guardian anyone who —

(a) is not under a legal disability; and

(b) does not have an interest in the case that is adverse to your interests.

(5) A person may act as your litigation guardian without being appointed by the Court to act in that capacity.

72. Affidavit your litigation guardian must lodge and serve if you are a represented person

(1) If you are a represented person your litigation guardian must, in accordance with this rule, lodge and serve an affidavit that is sworn by the litigation guardian —

(a) when first lodging and serving a claim or response; or

(b) if he or she becomes the litigation guardian after proceedings on your behalf have begun, as soon as practicable after he or she becomes the litigation guardian.

(2) If you are a represented person referred to in rule 73(2), your litigation guardian’s affidavit must verify that —

(a) you are a represented person; and

(b) your litigation guardian has been appointed the guardian or administrator of the person under the Guardianship and Administration Act 1990; and

(i) is plenary; or

(ii) otherwise confers on your guardian or administrator the function of conducting or settling legal proceedings on your behalf.

(3) If you are a represented person not referred to in rule 73(2), your litigation guardian’s affidavit must —

(a) verify that you are a represented person; and

(b) state the nature of your litigation guardian’s relationship with you; and

(d) verify that the litigation guardian is not under a legal disability and does not have an interest in the case that is adverse to your interests; and

(e) set out the grounds for any knowledge or belief expressed in the affidavit.

73. If you are a child

(1) If you are a child you may have as your litigation guardian anyone who —

(a) is not under a legal disability; and

(b) does not have an interest in the case that is adverse to your interests.

(2) A person may act as your litigation guardian without being appointed by the Court to act in that capacity.

74. Affidavits your litigation guardian must lodge and serve if you are a child

(1) If you are a child your litigation guardian must, in accordance with subrule (2), lodge and serve an affidavit sworn by the litigation guardian —

(a) when first lodging and serving a claim or response; or

(b) if proceedings on your behalf have already begun, as soon as practicable after the litigation guardian assumes that capacity.

(2) Your litigation guardian’s affidavit must —

(a) verify that you are a child; and

(b) state the nature of your litigation guardian’s relationship with you; and

(d) verify that your litigation guardian is not under a legal disability and does not have an interest in the case that is adverse to your interests; and

(e) set out the grounds for any knowledge or belief expressed in the affidavit.

(3) If you have reached 14 years of age, your litigation guardian’s affidavit must be accompanied by an affidavit sworn by you, verifying that you want the litigation guardian to act in that capacity.

(4) If —

(a) you have not reached 14 years of age; and

(b) your litigation guardian is not your parent or guardian,

your litigation guardian’s affidavit must be accompanied by an affidavit sworn by one of your parents or guardians, verifying that your parent or guardian consents to the litigation guardian acting in that capacity.

75. Person may apply to be appointed your litigation guardian

(1) A person may make an application to be appointed as your litigation guardian, or to replace your litigation guardian.

(2) Except as provided in subrules (3) and (4), the application must be made in accordance with Part 12.

(3) If you are a represented person, the application must be supported by an affidavit in accordance with rule 74(3).

(4) If you are a child, the application must be supported by affidavits in accordance with rule 74.

Part 15 — Miscellaneous

76A. If you are making an application under the Residential Tenancies Act 1987

(1) If you are making an application under the Residential Tenancies Act 1987 you do not have to serve it.

(2) Instead, the Court must give a copy of your application to every other party after you have lodged it.

[Rule 76A inserted: Gazette 3 Jun 2008 p. 2148.]

76B. If you want to change venues

(1) If you make an application for the proceedings in your case to be conducted at another place in the State —

(a) you are not required to serve the application on any other party; and

(b) the registrar must instead provide a copy of your application to every other party.

(2) Unless the Court orders otherwise, your application may be dealt with in the absence of the parties.

[Rule 76B inserted: Gazette 3 Jun 2008 p. 2148.]

76C. If you want to correct typographical and other errors

(1) If you make an application to correct a typographical error or other defect, a registrar may make an order allowing you may make that correction.

(2) Your application —

(a) does not have to be served on any other party; and

(b) may be dealt with in the absence of the parties.

[Rule 76C inserted: Gazette 3 Jun 2008 p. 2148.]

76. You may discontinue claim

(1) If you want to discontinue the whole or part of a claim that you have made, you must lodge a notice of discontinuance in the approved form.

(2) You must serve a copy of the notice of discontinuance on the other parties.

[Rule 76 amended: Gazette 21 Jul 2017 p. 4027.]

77. Availability of forms

The Court will make forms approved by the Chief Magistrate available —

(a) at each Court registry; and

(b) on request, by post; and

78. Partnership name may be used

(1) If you are a partnership you may conduct your case in your partnership name, if any.

(2) You may make a claim, and conduct a case, against a partnership in the partnership’s name, if any.

[Rule 78 amended: Gazette 3 Jun 2008 p. 2149.]

79. When you are required to do things personally and you are not an individual

(1) Except as provided in the Act section 30, when under these rules you are required or enabled to sign a document, or do something else personally and —

(a) you are a partnership — then a person who was a partner at the time the cause of action arose and who is authorised by each of the other partners to do the thing may do it;

(b) you are a corporation — then a person who is authorised by the corporation to do the thing may do it;

(c) you are a public authority — then an officer of the public authority who is authorised by the public authority to do the thing may do it;

(d) an insurer is subrogated to your rights — then a person who is authorised to do the thing on behalf of the insurer may do it.

(2) If you are a person under a legal disability and a litigation guardian is conducting a case on your behalf, subrule (1) applies to your litigation guardian with any necessary changes.

[Rule 79 amended: Gazette 24 Aug 2007 p. 4334.]

80. Payments into Court

(1) If you make a payment of money into Court, the Court will give you a written receipt for the money.

(2) When judgment is given in the case and the Court does not order that the money be paid out, the money must be returned to you or paid out in accordance with any authorisation prepared by you in the approved form.

81. Registrar’s powers under the Civil Judgments Enforcement Act 2004

(1) A registrar may deal with a means enquiry under the Civil Judgments Enforcement Act 2004 section 30 and may for that purpose exercise any of the Court’s powers under sections 28, 29 and 31 of that Act.

(2) For the purposes of the Civil Judgments Enforcement Act 2004 section 9(3), an application or request that, when made to the Court under that Act, may be dealt with by a registrar, is —

(a) an application for an order under section 10, 15(5)(a) or 20(3) of that Act; or

(b) an application for leave under section 13(1)(a) of that Act; or

Table

s. 15(1)	s. 56(1)
s. 32	s. 58(1)
s. 33	s. 59(1)
s. 35(1)	s. 95(1)
s. 41(2)	s. 101(1)
s. 42(1)	s. 102(2)
s. 49(1)	s. 103(2)
s. 55(2)

(3) You may apply for the review of a decision of a registrar in relation to the application or request by making an application under Part 12 of these rules.

Part 16 — Transitional rules for the Magistrates Court Rules Amendment Rules 2020

[Heading inserted: SL 2020/67 r. 66.]

82. Terms used in this Part

In this Part —

amended Rules means the Magistrates Court (Minor Cases Procedure) Rules 2005 as in force from time to time on and after commencement day;

commencement day means 1 June 2020;

former Rules means the Magistrates Court (Minor Cases Procedure) Rules 2005 as in force before commencement day;

transitional case means a case that, as of commencement day, has been commenced but not concluded.

[Rule 82 inserted: SL 2020/67 r. 66.]

83. Application of amended Rules in relation to transitional cases

(1) Subject to rule 84, on and from commencement day the amended Rules apply in relation to a transitional case.

(2) If the amended Rules apply in relation to a transitional case, then, unless otherwise directed under rule 86 —

(a) everything lodged or served in relation to the case under a provision of the former Rules is taken to have been lodged or served under the corresponding provision of the amended Rules; and

(b) every order made, direction given or other thing done in relation to the case by the Court or by a registrar under a provision of the former Rules is taken to have been made, given or done under the corresponding provision of the amended Rules.

[Rule 83 inserted: SL 2020/67 r. 66.]

84. Application of former Rules in relation to certain transitional cases

(1) This rule applies to a transitional case if —

(a) under the former Rules Parts 2 and 3, a party to the case is required to lodge and serve any of the following documents on a day falling on or after commencement day —

(i) a statement of claim;

(ii) a counterclaim;

(iii) a third party claim;

(iv) a response to a claim;

(v) a statement of defence;

(b) a pre‑trial conference, listing conference or trial for which the case was listed before commencement day is held on or after commencement day.

(2) On and from commencement day, the former Rules continue to apply in relation to a transitional case to which this rule applies until —

(a) the Court or a registrar directs otherwise under rule 86; or

(b) the case is concluded.

[Rule 84 inserted: SL 2020/67 r. 66.]

85. Listing transitional cases for a status conference

(1) The Court may, of its own motion, list a transitional case for a status conference.

(2) The Court must list a transitional case for a status conference if a party to a transitional case applies to the Court in the approved form to have the case listed.

(3) The court must give the parties to the case 7 days written notice of a status conference for which the case is listed under this rule.

(4) The Court must conduct a status conference for which a case is listed under this rule in open court.

[Rule 85 inserted: SL 2020/67 r. 66.]

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

At a status conference, pre‑trial conference, listing conference or trial held in relation to a transitional case, the Court or a registrar may make any or all of the following directions —

(a) if the amended Rules do not apply in relation to the case, a direction that they are to apply in relation to the case on and from a specified date;

(b) a direction modifying the application of the amended Rules in relation to the case;

(c) any other direction necessary or convenient in connection with the application of the amended Rules in relation to the case.

[Rule 86 inserted: SL 2020/67 r. 66; amended: SL 2021/25 r. 30.]

Part 17 — Transitional rules for the Magistrates Court Rules Amendment Rules 2022

[Heading inserted: SL 2022/54 r. 14.]

87. Consumer/trader claims

(1) In this rule —

commencement day means the day on which the Magistrates Court Rules Amendment Rules 2022 Part 4 comes into operation.

(2) On and from commencement day, Part 3 as in force immediately before commencement day continues to apply in relation to a case that —

(a) was started by a consumer/trader claim before commencement day; and

(b) as of commencement day, has not been concluded.

[Rule 87 inserted: SL 2022/54 r. 14.]

dline

Notes

This is a compilation of the Magistrates Court (Minor Cases Procedure) Rules 2005 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Magistrates Court (Minor Cases Procedure) Rules 2005	28 Apr 2005 p. 1711‑48	1 May 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7127)
Magistrates Court (Minor Cases Procedure) Amendment Rules 2005	10 Jun 2005 p. 2565‑6	10 Jun 2005
Magistrates Court (Minor Cases Procedure) Amendment Rules 2007	24 Aug 2007 p. 4333‑4	r. 1 and 2: 24 Aug 2007 (see r. 2(a)); Rules other than r. 1 and 2: 25 Aug 2007 (see r. 2(b))
Magistrates Court (Minor Cases Procedure) Amendment Rules 2008	3 Jun 2008 p. 2138‑49	r. 1 and 2: 3 Jun 2008 (see r. 2(a)); Rules other than r. 1 and 2: 1 Sep 2008 (see r. 2(b))
*Reprint 1: The Magistrates Court (Minor Cases Procedure) Rules 2005* as at 14 Nov 2008** (includes amendments listed above)
Magistrates Court (Minor Cases Procedure) Amendment Rules 2010	2 Jul 2010 p. 3196	r. 1 and 2: 2 Jul 2010 (see r. 2(a)); Rules other than r. 1 and 2: 3 Jul 2010 (see r. 2(b))
Magistrates Court (Minor Cases Procedure) Amendment Rules 2011	20 May 2011 p. 1840-1	r. 1 and 2: 20 May 2011 (see r. 2(a)); Rules other than r. 1 and 2: 21 May 2011 (see r. 2(b))
Magistrates Court (Minor Cases Procedure) Amendment Rules (No. 2) 2013	24 May 2013 p. 2057-60	r. 1 and 2: 24 May 2013 (see r. 2(a)); Rules other than r. 1 and 2: 25 May 2013 (see r. 2(b))
Magistrates Court (Minor Cases Procedure) Amendment Rules 2013	31 Dec 2013 p. 6545-7	r. 1 and 2: 31 Dec 2013 (see r. 2(a)); Rules other than r. 1 and 2: 1 Jan 2014 (see r. 2(b))
Magistrates Court (Minor Cases Procedure) Amendment Rules (No. 2) 2014	12 Dec 2014 p. 4717‑18	r. 1 and 2: 12 Dec 2014 (see r. 2(a)); Rules other than r. 1 and 2: 13 Dec 2014 (see r. 2(b))
Magistrates Court (Minor Cases Procedure) Amendment Rules (No. 2) 2016	3 May 2016 p. 1361-2	r. 1 and 2: 3 May 2016 (see r. 2(a)); Rules other than r. 1 and 2: 4 May 2016 (see r. 2(b))
Magistrates Court (Minor Cases Procedure) Amendment Rules 2016	30 Sep 2016 p. 4174-6	r. 1 and 2: 30 Sep 2016 (see r. 2(a)); Rules other than r. 1 and 2: 1 Oct 2016 (see r. 2(b))
*Reprint 2: The Magistrates Court (Minor Cases Procedure) Rules 2005* as at 12 May 2017** (includes amendments listed above)
Magistrates Court Rules Amendment Rules 2017 Pt. 3	21 Jul 2017 p. 4024‑7	22 Jul 2017 (see r. 2(b))
Magistrates Court Rules Amendment Rules 2018 Pt. 3	18 Sep 2018 p. 3515‑16	19 Sep 2018 (see r. 2(b))
Magistrates Court Rules Amendment (Inactive Cases) Rules 2019 Pt. 3	5 Apr 2019 p. 1012‑16	6 Apr 2019 (see r. 2(b))
Magistrates Court Rules Amendment Rules 2020 Pt. 3	SL 2020/67 28 May 2020	1 Jun 2020 (see r. 2(b))
Magistrates Court Rules Amendment Rules 2021 Pt. 4	SL 2021/25 26 Feb 2021	27 Feb 2021 (see r. 2(b))
Magistrates Court Rules Amendment Rules 2022 Pt. 4	SL 2022/54 13 May 2022	14 May 2022 (see r. 2(b))
Magistrates Court Rules Amendment (Legal Profession) Rules 2022 Pt. 4	SL 2022/106 24 Jun 2022	1 Jul 2022 (see r. 2(b) and SL 2022/113 cl. 2)
Magistrates Court Rules Amendment Rules 2025 Pt. 3	SL 2025/42 11 Mar 2025	12 Mar 2025 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Act 4

administrative staff member 4

agent 4

amended Rules 82

application 4

approved form 4

child 69

commencement day 82, 87(1)

counterclaim 4

default judgment 4

defendant 4

departmental officer 4

ECMS 4

ECMS exempt 4

enforcement officer 4

former Rules 82

inactive case 45A

lodge 4

order 4

partnership 4

personal service 4

Public Trustee 4

registrar 4

represented person 69

response 4

serve 4

serve personally 4

third party 4

third party claim 4

transitional case 82

working day 4

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Minor Cases Procedure) Rules 2005

Western Australia

Magistrates Court (Minor Cases Procedure) Rules 2005

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
These rules to be read with the Magistrates Court (General) Rules 2005 1
Terms used 1
When these rules apply 3

6A. Exercise of Court’s powers in Part 3 of the Act 3

Part 2 — How to make and defend a claim

How to make a claim that starts a case 4
How to make a third party claim 4
How to respond to a claim 5

10A. If you admit a claim 5

10B. If you admit part of a claim 5

10C. You may admit liability but dispute the amount claimed 6

How to accept an offer of settlement 6

Part 4 — If you or another party does not defend a claim

When this Part applies 8
If the claim is for a liquidated amount 8
If the claim is for an unliquidated amount 8
If the claim against you is to recover possession of personal property 9
Registrar may give default judgment in absence of parties 9
Registrar not to give judgment in certain cases 9

22A. Default judgment one year or more after originating claim, referral to Magistrate 9

Application for default judgment to be dismissed if not granted 10

23A. Registrar may order costs after giving judgment 10

Part 5 — Status conferences and pre‑trial conferences

Listing case for a status conference 11

23AA. What happens at a status conference 11

What happens at a pre‑trial conference 12

25C. List of documents you might tender at trial 13

The Rules are structured around a set of recurring, programme‑level concepts. First, the “minor case” jurisdictional ceiling. Rule 5 makes these rules applicable to every minor case, except where the Court orders otherwise. The Rules should therefore be read as the default roadmap for low‑value, summary matters in the Magistrates Court, in conjunction with the Act and the General Rules (r. 3).

Second, early and strict timelines. The claim‑starting and response steps are time‑sensitive. A claimant must lodge the approved form to start a case and serve the claim personally, unless another mode is authorised, within one year of lodgment (r. 7(1), (3)-(4)). A defendant must lodge a response in approved form within 14 days of service (r. 9(1)). If those timelines are not met, Part 4 gives a framework for default judgment (r. 16-23A), with registrars empowered to enter judgment in many circumstances (r. 17-20). Where one year has elapsed since service, magistrate approval is required before a registrar can enter default judgment (r. 21; r. 22A).

Third, registrar‑led case management. The rules give registrars significant active roles. Registrars must list a status conference within 14 days of a response (r. 23(1)). Registrars can conduct pre‑trial conferences and make orders that would normally be associated with case management, including lists of documents, exchanges, and directions intended to make cases trial‑ready (r. 23AA; r. 24; r. 25C). Rule 43(1) states that a registrar’s decision is to be treated as a decision of the Court unless set aside on appeal, which concentrates operational decision‑making in administrative officers.

Fourth, promotion of settlement and mediation. The Rules require the parties to participate in status conferences, permit judicial referral to mediation (r. 23AA(2)(f); r. 29-31), and provide a straightforward mechanism for consent orders (r. 33-34). The Rules also protect settlement discussions through without‑prejudice treatment for negotiation statements (r. 28(2)).

Fifth, an electronic lodgment default with limited exceptions. Rule 47 mandates lodgment by the ECMS unless the party is ECMS exempt or the ECMS is unavailable or cannot accept the document. Detailed format, signature and retention requirements follow in rule 49 and rule 49B-49D. The ECMS entitlement determines when documents are taken to be lodged (rule 49A), which in turn interacts with service and limitation risk.

Sixth, focused rules for vulnerable parties and litigation guardians. Part 14 sets out who must act as litigation guardian for represented persons and children and prescribes the affidavits that guardians must lodge (r. 71-74). Rule 41 requires money payable to persons under legal disability to be paid to the Public Trustee.

Seventh, active case‑management tools for court efficiency and clearance. The inactive case rules (r. 45A-45F) set out how cases become inactive, notice requirements, limited permitted filings while inactive, and automatic dismissal after six months of inactivity (r. 45F). This creates a predictable mechanism for clearing stale dockets.

Eighth, service and substituted service. The Rules define “serve” and prescribe modes, including personal service requirements for certain documents (r. 50-61) and an application route for substituted service if ordinary methods cannot be used (r. 62A).

Ninth, witness and evidence logistics. The Rules require formal witness summons requests, set minimum periods for serving summonses and demand that arrangements be made to cover witnesses’ reasonable expenses (r. 39(1)-(6); r. 39A), and constrain tendering to documents on pre‑trial lists unless the Court grants leave (r. 25C(5)).

Finally, transitional continuity. Part 16 and Part 17 include extensive transitional provisions that specify how amended rules apply to matters already on foot, and preserve certain former procedures for specified categories such as consumer/trader claims (r. 82-87). The compilation table and notes record successive amendment instruments and commencement dates.

These main concepts indicate a design that privileges speed, document exchange and registrar case management, with an electronic infrastructure and explicit mechanisms to dispose of dormant cases. The rest of this note unpacks the practical consequences of those choices for the parties, their advisers and court operations.

The Rules allocate actions, costs and decision points among identifiable groups. Directly affected parties include:

Claimants and defendants in minor cases. The Rules govern how claimants start cases (r. 7) and how defendants respond (r. 9). They dictate timing obligations, steps for admission, partial admission or admission of liability but dispute as to quantum (r. 10A-10C), and the consequences of failing to respond, including default judgment (Part 4).
Legal practitioners and agents. Rule 4 defines “agent” as a legal practitioner or other person with leave to act. The Rules address how represented parties provide an address for service (r. 56), how agents lodge changes to representation, and when agents may act at conferences (r. 26(1A)). They require signed affidavits and permit certain documents to be lodged electronically subject to signature retention (r. 49).
Registrars and magistrates. Registrars are given operational powers to list conferences, give default judgment in many cases, conduct pre‑trial conferences and make orders (r. 23, r. 24, r. 17-20, r. 43). Magistrates retain oversight for certain matters, for example approving default judgment where one year has passed since service (r. 21; r. 22A) and conducting status conferences (r. 28(1A)).
Witnesses and third parties. Rules 39 and 39A regulate the summons process, including requirements to provide reasonable expenses or arrangements for attendance (r. 39(5)). Third party defendants in third party claims are subject to personal service requirements (r. 8(4)).
Vulnerable persons: represented persons and children. Part 14 prescribes litigation guardian requirements, the form and timing of affidavits establishing guardianship and consent, and the Public Trustee’s role for money awarded to persons under legal disability (r. 71-75; r. 41).
Registry and court IT administrators, and vendors. The ECMS is the default lodgment channel (r. 47). The Court may convert paper filings to electronic form (r. 49D) and declare the ECMS unavailable (r. 47(1)(b)(i)). Registry staff must produce approved forms and manage notices under the inactive case regime (r. 45B-45D; r. 77).
Enforcement officers and departmental staff. Enforcement officers can serve documents on behalf of parties and must provide a certificate of service that is prima facie evidence of service (r. 52). Administrative staff and departmental officers are defined and involved in service and registry functions (r. 4; r. 52).

Indirectly affected groups include small businesses, landlords and tenants, insurers and guarantors. For example, the Rules include a specific provision that applications under the Residential Tenancies Act 1987 do not need to be served and are to be provided to other parties by the Court (r. 76A). Insurers can be represented at conferences if authorised in writing (r. 26(1A)).

Who pays. Parties pay Court fees on lodgment (r. 45(1)(a)), and may be ordered to pay costs after default judgment (r. 23A) or on dismissal of an inactive case (r. 45F(3)). Witnesses may be entitled to expenses that a party is required to tender to secure compliance with a summons (r. 39(5)). If the Public Trustee receives money for a person under a legal disability, the Public Trustee invests it subject to statutory investment rules (r. 41).

Who decides. Registrars make many operational decisions and their determinations stand as Court decisions unless set aside (r. 43). Magistrates conduct status conferences (r. 28(1A)), retain decision‑making for matters specified in Part 3 of the Act where excluded (r. 6A), and must approve some registrar actions after significant delays (r. 21; r. 22A).

Behavioural effects. Parties are incentivised to act quickly to avoid default judgment; to use ECMS for lodgment and to comply with signature/format rules; to engage in early document exchange and conferences to avoid being unprepared at trial given the limits on tendering new documents (r. 25C(5)); and to monitor inactive case notices to prevent automatic dismissal (r. 45B-45F). These incentives reduce scope for dilatory behaviour but impose compliance burdens, particularly on unrepresented parties and small entities who must master the ECMS and strict timelines.

The Rules impose precise duties and confer specific rights; key ones follow grouped by stage and actor.

Starting and defending claims

Duty to lodge claim in approved form (r. 7(1)). A claimant must serve the claim personally unless another method is provided (r. 7(4)). The claim must be served “as soon as practicable” and in any event within one year of lodgment (r. 7(3)).
Duty to respond within 14 days after service (r. 9(1)). Upon lodging, the Court must give copies to the claimant and other parties (r. 9(3)).
Rights on admission and partial admission. If a defendant admits whole claim and agrees to pay, a registrar may give judgment in accordance with the admission (r. 10A). If part admitted, the defendant must outline the basis and may offer an amount as full satisfaction (r. 10B). A claimant has 14 days to accept an offer after receiving the response (r. 10B(2)). A defendant may admit liability for unliquidated claims but dispute quantum and apply to have the Court assess amount; the Court must list a status conference if this is raised (r. 10C).

Default and set‑aside

Registrar may enter default judgment where defendant fails to lodge a response (r. 16; r. 17 for liquidated amounts; r. 18 for unliquidated). Registrars may give default judgment in the absence of parties (r. 20).
Registrar must not give default judgment without magistrate approval if one year or more has passed since service (r. 21). Registrars may refer such matters to a magistrate (r. 22A).
Where default judgment is given, registrar may order costs under the Act s. 31(2) (r. 23A).
Right to apply to set aside default judgment within 21 days or by leave (r. 42).

Case management duties and rights

Registrar must list a status conference within 14 days of a response (r. 23(1)) and notify parties (r. 23(2)).
Status conferences are conducted before a magistrate; pre‑trial conferences before a registrar (r. 28(1A) and (1)). At status conferences the Court may make orders to facilitate settlement, determine agreed facts, order exchange of documents, extend time for counterclaims, and list cases for further conferences or trial (r. 23AA).
Parties must attend status conferences, pre‑trial conferences and certain hearings in person (r. 26(1)). A subrogated insurer may attend with written authorisation but not attend trial in lieu of the party (r. 26(1A)). Failure to attend a pre‑trial conference may lead to default judgment (r. 26(2)).

Document management and lodgment

Duty to use ECMS to lodge documents unless exempt or ECMS unavailable or unable to accept the document (r. 47(1)). If exempt, alternative lodgment modes are available (r. 47(2)).
Content and form rules for electronic lodgment: affidavits and some signed documents must be scanned to .pdf and retained in original form (r. 49(2)); other signed documents must be lodged in .docx with name of signatory shown and originals retained (r. 49(3)). Documents lodged by ECMS, email or fax are taken to be lodged at the time recorded by the ECMS or received by the Court (r. 49A).
Registrar or Court may convert paper documents to electronic form (r. 49D). The Court may reject documents that do not comply with form and content rules (r. 49B(2)).

Service duties and rights

Duty to serve lodged documents bearing the Court seal (r. 50(a)) and on each other party unless rules provide otherwise (r. 50(b)). Service methods include delivery, pre‑paid post, email or fax if permitted, and personal service where required (r. 51).
Enforcement officers, administrative staff and departmental officers may serve on parties and must provide certificates of service (r. 52). If a document is served personally by someone other than enforcement officer, an affidavit of service must be lodged (r. 53).

Witnesses and evidence

To call a witness, a party must request issuance of a witness summons and lodge a draft summons (r. 39(1)-(2)). A witness summons requiring attendance must be served personally at least 14 days before trial unless the Court directs otherwise (r. 39(3)(a); r. 39(4)).
The party must ensure that reasonable expenses for attendance are tendered, arrangements made or means provided for attendance, and the server must record compliance (r. 39(5)-(7)). Copies or electronic formats of documents are permitted for production unless an original is specifically required (r. 39A(3)-(4)).

Vulnerable persons and funds

If money is payable to a person under a legal disability, funds must be paid to the Public Trustee to hold on trust (r. 41(1)). The Public Trustee must invest the money unless the Court orders an alternative (r. 41(2)).
Litigation guardian duties: litigation guardians must lodge affidavits verifying status and consent when proceedings begin or when guardianship starts (r. 72-74). Applicants can apply to be appointed a litigation guardian under Part 12 process (r. 75).

Inactive cases and dismissal

Cases become inactive if no procedural step is taken for 12 months or by direction if a party fails to comply by a stated date (r. 45B). Notice must be given (r. 45C). While inactive, only limited filings are permitted (r. 45D). After six continuous months as inactive, the case is taken to be dismissed (r. 45F(1)). The Court can set aside dismissal in exceptional circumstances on just terms (r. 45F(4)).

Appeals and reviews

Decisions of registrars are decisions of the Court unless set aside on appeal (r. 43(1)). Rule 43(2) preserves the application of s. 19(3) of the Act to registrar judgments made under s. 19(2) of that Act. Parties can apply for review of registrar decisions under Part 12 (r. 81(3)) in relation to certain Civil Judgments Enforcement Act matters.

These duties and rights are procedural in nature rather than dispositive of substantive claims; however, failure to observe procedural duties has consequences that can dispose of claims or affect costs and evidence at trial. The Rules therefore transfer procedural risk to parties, and impose duties designed to encourage timeliness, full disclosure of documents and participation in settlement processes.

The Rules do not create criminal offences. Their enforcement mechanisms are procedural and civil in nature. The principal enforcement devices and consequential penalties are:

Default judgment and cost consequences

Where a defendant fails to comply with the duty to lodge and serve a response, an applicant may seek default judgment under Part 4 (r. 16). For liquidated claims a registrar is to give default judgment for the amount (r. 17). For unliquidated claims the registrar may give default judgment for an unliquidated amount, request supporting material, give judgment for a specified amount if able, or list the matter for hearing to assess the amount (r. 18). The registrar may give judgment in the absence of the parties (r. 20).
When default judgment is given, the registrar may order costs under the Act s. 31(2) (r. 23A). Costs orders therefore operate as a monetary penalty consequential to non‑compliance.

Time‑based constraints and dismissal

If a judgment or action is not pursued, the inactive case regime allows the Court to notify parties and to restrict further filings to specific limited applications (r. 45C; r. 45D). A case that remains inactive for six continuous months is taken to be dismissed (r. 45F(1)). Dismissal has the practical effect of terminating the proceedings and may be accompanied by an order for costs against a party seeking revival (r. 45F(3)). The Court may set aside dismissal in exceptional circumstances on just terms (r. 45F(4)), but the dismissal mechanism functions as an administrative enforcement step that removes dormant matters from the active list.

Registrar authority and review

Registrars possess delegated judicial powers. Rule 43(1) treats registrar decisions as decisions of the Court unless set aside on appeal, which makes registrar rulings immediately effective and enforceable. Parties may seek review or appeal, and the Rules provide procedures for review in specified contexts (r. 81(3)). Registrars can also make determinations under the Civil Judgments Enforcement Act 2004 s. 28, 29 and 31 in means enquiries (r. 81(1)-(2)). This enables registrar‑led enforcement of judgment execution steps.

Service certificates and evidence

Certificates of service provided by enforcement officers, administrative staff or departmental officers are admissible and, in absence of contrary proof, are proof of service (r. 52(3)). Failure to properly attest service or lodge affidavits of service when required (r. 53(1)) can expose a party to an application to set aside or for a registrar to decline certain procedural steps.

Compliance requirements for witness attendance

Parties who serve witness summonses must ensure reasonable expenses are tendered or arrangements made to enable attendance (r. 39(5)). Failure to satisfy these obligations may affect the enforceability of the summons or the Court’s view of the party’s conduct.

Monetary handling for vulnerable persons

Money payable to persons under legal disability must be paid to the Public Trustee (r. 41(1)). There is therefore an enforced custody and investment mechanism for these funds, with the Court able to order alternative investment arrangements (r. 41(2)).

Document lodgment and rejection powers

The Court or registrar may reject non‑compliant documents (r. 49B(2)). If a document is rejected, the registrar must notify the person who presented it (r. 49B(3)). This is a gatekeeper enforcement power that can prevent procedural filings from being effective until corrected.

Procedural consequences for non‑attendance

Failure to attend required conferences and hearings may result in a registrar giving default judgment (r. 26(2)), or otherwise affect the Court’s ability to proceed with the case at the party’s expense.

Limits and oversight

Magistrates retain oversight in specified circumstances. Registrars cannot give default judgment without magistrate approval after one year since service (r. 21). Additionally, rule 22A provides a referral mechanism so that applicants seeking default judgment where delay exceeds one year must supply an affidavit explaining delay and may obtain magistrate approval for the registrar to proceed (r. 22A). These provisions are checks on administrative enforcement where significant delay has occurred.

Costs and fee payments

Lodgment requires payment of fees under the Magistrates Court (Fees) Regulations 2005 or information to permit fee payment (r. 45). Costs orders, whether following defended hearings, default judgments or dismissals, are the standard civil enforcement penalty the Court can impose (r. 23A; r. 45F(3)).

Overall, the Rules enforce compliance primarily through civil remedies,default judgment, costs orders, dismissal of inactive matters, rejection of filings and registrar decisions that take immediate effect. These are not criminal penalties but they have decisive civil consequences that can extinguish claims or impose monetary liabilities. The registrar‑magistrate structure and the electronic lodgment framework make these enforcement steps operationally efficient, but they also concentrate administrative power whose application must still be reviewed in the usual appellate channels.

The Rules operate in a matrix of statutory instruments and interact with other laws at multiple points. The primary interactions spelled out in the Rules are as follows.

Magistrates Court (Civil Proceedings) Act 2004 and Magistrates Court (General) Rules 2005

The Rules are expressly to be read with the Magistrates Court (General) Rules 2005 (r. 3). Many procedural permissions and cross‑references rely on definitions and powers in the Act and the General Rules.
Rule 6A authorises the Court to exercise Part 3 powers of the Act, except ss. 14, 18 and 25, in every circumstance. This is an explicit cross‑reference to the delegated powers in the Act and shows that the Minor Cases Rules are not standalone but sit under the Act’s broader scheme.

Civil Judgments Enforcement Act 2004

The Rules allow registrars to exercise powers under the Civil Judgments Enforcement Act 2004 in means inquiries and related enforcement proceedings (r. 81(1)-(2)). The Rules list specific provisions of that Act that a registrar may deal with (r. 81(2) table). This provides an administrative enforcement bridge between judgment entry and execution.

Public Trustee Act 1941 and Guardianship and Administration Act 1990

Rule 41 requires money payable to a person under a legal disability to be paid to the Public Trustee under the Public Trustee Act 1941. The Public Trustee then must invest the money subject to s. 39C unless the Court orders otherwise (r. 41(2)). Part 14 defines “represented person” by reference to the Guardianship and Administration Act 1990 s. 3(1) and sets out litigation guardian rules tied to guardianship and administration orders (r. 69-75).

Corporations Act 2001 (Cth)

Rule 60 states that service rules on corporations apply in addition to the Corporations Act 2001. This ensures that personal service on corporations aligns with federal law. Practitioners must therefore consider federal service rules when dealing with corporate defendants.

Residential Tenancies Act 1987

Rule 76A provides a special interaction: applications under the Residential Tenancies Act 1987 do not have to be served; the Court will forward copies to other parties after lodgment. This is a procedural exception where the Tenancies Act interacts with the Minor Cases Rules.

Fees Regulations and other subordinate instruments

Rule 45 requires payment of fees under the Magistrates Court (Fees) Regulations 2005. The Rules also refer to forms approved by the Chief Magistrate and ECMS technical rules set out in the General Rules (r. 77; r. 48; r. 49C), tying procedural obligations to subordinate instruments and registry practice.

Electronic case management system and practice directions

Rule 47 makes ECMS the default lodgment channel unless exempt. ECMS procedures and exemptions reference other provisions of the Magistrates Court (Civil Proceedings) Rules 2005 and the General Rules (r. 47(1)(a), (b)(i)). The Rules also permit the Court to convert paper documents to electronic form (r. 49D), which interacts with records management and evidence rules under other enactments and court practice.

Transitional instruments

Parts 16 and 17 implement transitional provisions arising from major rule amendments and state which provisions apply to transitional cases. The compilation table enumerates amendment instruments and commencement dates, making clear how procedural changes interact over time with pending matters.

Other Acts with enforcement or procedural implications

The Rules reference the Act s. 31(2) for costs orders (r. 23A) and preserve Act s. 19(3) application (r. 43(2)). Parties must consider these cross‑references because they determine scope of registrars’ powers and costs consequences.

Practical consequence of interactions

These cross‑references mean practitioners must read the Minor Cases Rules alongside the Act, the General Rules and relevant substantive statutes (for example the Residential Tenancies Act where applicable), the Public Trustee Act if money for vulnerable persons is involved, and applicable federal law for corporate defendants (Corporations Act). Administrative procedures such as ECMS protocols and approved forms are subordinate but operationally critical, and fees regulations interact with access to the courts and cost exposure.

In short, the Minor Cases Rules are not a self‑contained code. They allocate and streamline procedure within the statutory machinery of the Magistrates Court and create operational intersections with federal corporate law, trusteeship law, enforcement law and tenancy law. Practitioners must therefore map the Rule references against those other instruments when advising on procedure, enforcement, fee exposure and the handling of vulnerable parties.

The Rules have been amended repeatedly since their original Gazettal in 2005. The compilation table in the instrument records the sequence of amendment instruments, dates published and commencements. Key amendment moments and their recorded effects in the rules text are:

2005 and early amendments

Original Magistrates Court (Minor Cases Procedure) Rules 2005 published 28 April 2005, commencing 1 May 2005 (compilation table).
Magistrates Court (Minor Cases Procedure) Amendment Rules 2005 (10 June 2005) and 2007 amendments adjusted definitions and operational details (r. 4 amendments recorded).

2008 consolidation and procedural insertions

3 June 2008 amendments inserted a number of operative provisions including r. 7 on starting claims, r. 8 on third party claims and various service and conference rules. Multiple rules were inserted or re‑numbered in 2008 (see compilation table entries for 2008).

2010-2013 incremental changes

2010 and 2011 amendments updated witness service provisions and registry logistics (Gazette entries 2010, 2011). 2013 amendments added r. 10C and addressed default judgment referral rules (see Gazette 24 May 2013 and 31 Dec 2013).

2017-2018 technical changes

21 July 2017 amendments affected witness rules and default judgment dismissal procedure (r. 22 inserted as r. 22 now r. 22 and later renumbered). 18 September 2018 amended rules included exhibit return timing (r. 40 amended Gazette 18 Sep 2018).

2019 inactive cases regime

The Inactive Cases Rules 2019 (Gazette 5 April 2019) inserted Part 10A (r. 45A-45F), introducing the concept of inactive cases, notification duty, limited permitted filings and automatic dismissal after six months inactivity. This is a notable structural reform to caseflow management.

2020 reform and transitional arrangements

The Magistrates Court Rules Amendment Rules 2020 commenced 1 June 2020 and introduced substantial procedural reworking captured in Part 16 transitional provisions (r. 82-86). The amendments included streamlining, electronic lodgment and case management adjustments.

2021 ECMS mandate and lodgment rules

SL 2021/25 (published 26 Feb 2021, commenced 27 Feb 2021) added Part 10 lodgment provisions (r. 45-49D), making ECMS mandatory for lodgment except where exempt (r. 47). These rules formalised the electronic lodgment format and signature retention requirements; they also addressed email and fax lodging and time of lodgment (r. 49A-49D).

2022 legal profession and consumer/trader transitions

SL 2022/54 (13 May 2022; commence 14 May 2022) and SL 2022/106 (24 June 2022; commence 1 July 2022) made further refinements including legal professional representation and retained Part 3 for consumer/trader transitional cases (r. 87). Amendments adjusted corporate and partnership service provisions to align with other instruments.

2025 minor amendments

SL 2025/42 (11 Mar 2025; commence 12 Mar 2025) updated rule 39 and added rule 39A changes on witness summons compliance (see r. 39A inserted Gazette 21 Jul 2017 p. 4027; amended SL 2025/42 r. 6).

What these amendment entries demonstrate

The Rules have been iteratively adapted to reflect administrative practice, technological change (notably the ECMS shift in 2021), more active management of dormant matters (inactive case regime 2019), and procedural clarity about registrar powers and witness procedures. Each amendment instrument is recorded in the compilation table at the end of the Rules text and the Rules often show the insertion and re‑numbering of provisions with corresponding Gazette citations.

How to track changes

Practitioners should consult the compilation table appended to the Rules for authoritative amendment dates and read transitional provisions in Part 16-17 to determine which rule set applied to transitional cases. The Rules themselves show amendment annotations next to effected provisions; those annotations identify the Gazette reference and the amending instrument. For matters straddling amendment dates, the transitional provisions set out which rules govern (r. 83-86; r. 87).

The text of the Rules that you provided does not contain citations to any judgments or reported litigation applying these Rules. The Rules themselves refer to appeal and review routes (r. 43: registrar decisions are decisions of the Court unless set aside on appeal; r. 81(3) for review applications in relation to Civil Judgments Enforcement Act powers) but do not record case law or interpretative authorities.

Practical implication

Because the Rules do not include case citations, practitioners must look beyond the instrument to locate judicial treatment of its provisions. Relevant sources to consult will include decisions of the Magistrates Court and appellate courts that interpret registrar authority, default judgment standards, the operation of the inactive case dismissal mechanism, and ECMS‑related disputes such as points about time of lodgment or electronic signature sufficiency where those questions have been litigated.

Where to look

Empirical or doctrinal analysis requires searching WA Magistrates Court decisions, the Supreme Court of Western Australia (for appeals on points of law or procedural fairness), and any published decisions referencing the Civil Proceedings Rules, the General Rules and the Act. Administrative decisions of registrars and practice directions from the Chief Magistrate will also supply operational guidance on how rule provisions are applied in practice.

Caveat

This Rules text is the basis for procedural obligations. Without a consolidated list of cases in the instrument, you must rely on external legal databases and court registries for judicial interpretation and applied practice. The Rules themselves should be taken as the starting point for procedural compliance; appellate or local Magistrates Court decisions will then provide doctrinal nuance on matters such as the discretion to set aside default judgment, the bounds of registrar powers, and the degree of procedural fairness needed when a registrar decides in the absence of parties.

The Rules contain several practical traps that routinely catch unprepared parties and their advisers. These “gotchas” are operational, timing and document technicalities grounded in the rules text.

ECMS as the default lodgment method (r. 47)

You must lodge documents via ECMS unless you are ECMS exempt or the ECMS is unavailable or cannot accept the document (r. 47(1)). Failure to use ECMS when required risks rejection under r. 49B(2). Practitioners must familiarise themselves with ECMS exemptions, the Court’s technical rules (referenced in r. 48 and r. 49C) and retain original signed documents as required by r. 49(2)-(3).

Strict, short response period (r. 9(1))

A response must be lodged within 14 days after service. Missing this deadline exposes the defendant to default judgment under Part 4 (r. 16-20). The combination of personal service requirements (r. 7(4); Part 11) and the 14‑day window tightens timelines.

Personal service default and affidavits of service (r. 7(4); r. 53)

Many claims must be personally served. If served by anyone other than an enforcement officer, you must lodge an affidavit of service (r. 53). Failure to properly document service can lead to procedural rulings adverse to the serving party.

Registrar default judgment in absence (r. 20) and limited oversight after one year (r. 21)

Registrars may give default judgment without parties present. If more than one year has passed since service, magistrate approval is required before a registrar may enter default judgment (r. 21). Nevertheless default judgment can be entered in many circumstances and may be quick, so prompt procedural response is essential.

Witness summons compliance detail (r. 39(5)-(7); r. 39A)

When issuing a witness summons, you must tender reasonable expenses or make arrangements to enable attendance and record compliance. Failure to do so exposes the summons to challenge and may prejudice the party’s ability to compel evidence.

Document listing limits what you can tender (r. 25C)

If ordered to lodge and serve a list of documents you might tender, you cannot tender into evidence, without leave, a document not on your list prior to trial commencement (r. 25C(5)). Last‑minute evidence may therefore be excluded if proper updating and disclosure have not occurred.

Inactive case dismissal risk (r. 45B-45F)

Cases become inactive if no procedural step is taken for 12 months, and are dismissed after six continuous months as inactive (r. 45B; r. 45F). Parties who intend to preserve claims must take procedural steps, apply to have the case taken out of inactive status under r. 45E, or risk dismissal. Notice obligations are in r. 45C.

Signature and format traps (r. 49)

Electronic lodgment requirements are strict about formats and signature retention. Affidavits and some signed documents must be lodged in .pdf with originals retained (r. 49(2)). Other signed documents require .docx lodgment with the name of the signatory stated (r. 49(3)). Non‑compliant filings may be rejected under r. 49B(2).

Public Trustee mandatory receipt for vulnerable persons (r. 41)

Money payable to persons under a legal disability must go to the Public Trustee. Parties cannot simply pay funds into the claimant’s account. If settlement involves such a person the Court must approve (r. 36) and the Public Trustee rules apply.

Registrar decisions carry immediate effect (r. 43)

A registrar’s decision stands as a decision of the Court unless set aside on appeal. This means operational rulings are effective immediately and may require expeditious review if contested.

Venues and special filings may be dealt with in the absence of parties (r. 76B; r. 76C)

Applications to change venue, or to correct typographical errors, may be heard and decided without service on other parties and in the absence of the parties (r. 76B; r. 76C). Do not assume that all procedural changes will trigger party notification.

Transitional rules can preserve former procedures for specific cases (Part 16 and Part 17)

Matters commenced before major amendments may be governed by former rules where transitional provisions preserve older processes (r. 83-86; r. 87). Check the commencement date and transitional provisions for matters begun before rule changes.

Limited service alternatives for some registries (r. 46)

You may lodge a claim at any registry except where the only registrar is a police deputy registrar under the Act s. 26(5) (r. 46). This can affect where a matter may validly be lodged and who handles initial registry steps.

Form availability and Chief Magistrate approval of forms (r. 77)

Many steps require approved forms. These must be obtained from the registry or the Court website. Using the wrong form risks rejection.

These are operational traps that typically cause loss of procedural rights, loss of claims or exclusion of evidence. They are rooted in the Rules’ emphasis on speed, electronic lodgment and registrar decision‑making. Practitioners should map these risks when advising unrepresented clients and businesses.

Below is a practical compliance checklist mapped to rule numbers and key procedural steps. Use it as a working protocol for managing minor case matters in the Magistrates Court.

Starting a claim

Lodge the approved claim form at a registry (r. 7(1)). Confirm acceptable registries (r. 46). Pay the applicable fee under the Magistrates Court (Fees) Regulations 2005 or provide information for payment (r. 45).
Serve the claim “as soon as practicable” and in any event within one year of lodgment (r. 7(3)). Unless the rules or an Act allow otherwise, serve personally (r. 7(4) and Part 11). If personal service is not possible, promptly apply for substituted service under r. 62A.

Responding to a claim

If served, lodge an approved response within 14 days of service (r. 9(1)). Ensure copies are given to the claimant and all other parties by the Court after lodgment (r. 9(3)).
If admitting liability wholly, consider lodging an admission so a registrar may give judgment per r. 10A. If admitting part only, set out the basis for the admission and, if appropriate, offer a sum as full satisfaction so the claimant can accept under r. 10B(1)-(3). If you admit liability but dispute quantum for an unliquidated claim, apply under r. 10C to have the Court determine quantum and expect a status conference.

Avoiding default judgment

Monitor the 14‑day response deadline and service logistics to avoid default. If you are unable to respond on time, lodge an application promptly to set aside the default judgment if one is filed (r. 42: apply within 21 days after judgment or by other date the Court allows).
If you are a claimant seeking default judgment, follow Part 4 and be prepared to supply supporting materials for unliquidated amounts (r. 18). If one year or more has passed since service, be prepared to seek magistrate approval (r. 21; r. 22A).

Electronic lodgment and document format

Use the ECMS for lodgment unless exempt (r. 47(1)). If you are ECMS exempt or ECMS is unavailable, use the permitted alternatives (r. 47(2)).
For affidavits, consents and documents signed by non‑parties, ensure the document is signed, convert to .pdf, lodge via ECMS or email and retain the signed original for production if required (r. 49(2)).
For other signed documents required to be signed, lodge a .docx copy showing the name of the signatory, retain the original and produce it if the Court orders (r. 49(3)).
Know the lodgment timestamp rules: ECMS entries are taken at the recorded time, email when the Court receives it, and fax when the Court receives it (r. 49A).

Service compliance

Where a rule requires you to serve, serve a copy of the document returned after lodgment bearing the Court seal (r. 50). Serve each party unless a rule provides otherwise (r. 50(b)).
If serving personally, follow Division 3 rules for service on individuals, partnerships, corporations and public authorities (r. 58-61). If an enforcement officer serves, obtain and keep the certificate of service (r. 52).

Case management and conferences

After a response is lodged the registrar must list the matter for a status conference within 14 days (r. 23(1)). Attend status conferences and pre‑trial conferences in person (r. 26(1)). A subrogated insurer can attend with written authorisation but not appear at trial on the party’s behalf (r. 26(1A)).
Be ready to exchange lists of documents and any other ordered materials, and ensure lists are accurate and updated as soon as further documents are found (r. 23AA; r. 25C(1)-(4)). Remember that documents not listed cannot be tendered at trial without leave (r. 25C(5)).

Mediation and settlement

If the Court orders mediation, arrange and attend the mediation in private and lodge a notice of outcome within 14 days after the mediation if you are the claimant (r. 29-31). Where a settlement involves a person under legal disability, follow rule 36 including obtaining an independent legal practitioner’s affidavit verifying best interests and, where necessary, Court approval.

Witness summons practice

To call witnesses, lodge requests and draft summonses in approved form (r. 39(1)-(2)). Ensure witness summonses are personally served at least 14 days before trial or earlier if the Court directs (r. 39(3)-(4)).
At service, tender reasonable expenses or make arrangements for attendance and record how this was complied with on the summons copy (r. 39(5)-(7)). For production‑only summonses, comply with r. 39A for delivery and ECMS submissions.

Managing inactive case risk

If no procedural step is taken for 12 months the case becomes inactive (r. 45B(1)). Take proactive steps to avoid inactivity: lodge procedural documents, apply for directions, or apply under r. 45E to restore the case to active status. If the case becomes inactive the only filings permitted are an application under r. 45E, notice of discontinuance (r. 76), or memorandum of consent (r. 33) (r. 45D). Understand that dismissal follows six continuous months as inactive unless the Court orders otherwise (r. 45F).

Litigation guardians and vulnerable parties

If your client is a represented person or a child, ensure a litigation guardian is appointed where required and that the guardian lodges the requisite affidavit at commencement or on assuming the role (r. 72-74). If settlement involves a person under legal disability, obtain the independent legal practitioner affidavit and seek Court approval under r. 36.

Appeals and review planning

Because registrar decisions are treated as Court decisions (r. 43(1)), prepare early to seek review under Part 12 or appeal according to the Act if necessary. Use Part 12 procedures for written applications (r. 62-66) and support them with affidavits (r. 63).

Administrative housekeeping

Use approved forms from the registry or the Court website (r. 77). If you need to change venue, correct typographical errors, or make other administrative applications, note that some of these may be dealt with in the absence of other parties (r. 76B; r. 76C). Keep address for service details current (r. 54-57) and lodge notices of change as soon as practicable (r. 57).

Fees, payments into Court and Public Trustee

Pay required fees on lodgment (r. 45). If paying money into Court, obtain written receipt and provide authorisation for payment out when judgment is given (r. 80). If funds relate to a person under a legal disability, arrange for the funds to be paid to the Public Trustee (r. 41).

Transitional considerations for older matters

For matters that straddle amendment dates, consult the transitional parts (Part 16 and Part 17) to know whether the old or new rules apply to a particular filing or conference (r. 82-87).

Following this checklist, using the rule citations, and engaging the registry early for any technical ECMS, form or service questions will materially reduce risk. Where procedural advantage or relief is needed, use Part 12 applications and seek directions at the earliest pre‑trial or status conference.

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