Transcript
If you’re watching this video, chances are you’re stuck in a dispute with a business or your landlord and you’ve realised that court might be your best bet for a solution.
We get it if you’re not keen on the idea of going to court. You have already tried to resolve the issue directly with the business or landlord and likely tried conciliation with us at Consumer Protection, but your dispute is proving tricky to resolve. We understand how difficult it is to keep pushing back, and the stress and doubt that comes with it. There’s also a common belief that court is a place to avoid. It can be hard to think why anyone would choose to go there.
In this series of videos, we’ll get into what court can be like as a consumer or renter. We’ll debunk common myths, explain what can happen in court, and show you why making a court claim may not just be worth your while, but can set an example for businesses and other people like you.
Why court may be worthwhile
Let’s begin with why court may be worthwhile.
Remember that ‘stress and doubt’ we mentioned earlier? Well, it’s possible that the person or business you’re dealing with is relying on those feelings to get away with breaking the law.
Your court claim could have a greater impact than you realise. If you are dealing with an individual or business that treats people unfairly, you could put a stop to that behaviour and create a ripple effect in the market.
Our conciliation service plays its part by helping people work things out voluntarily, but the Magistrates Court has the power to settle those tricky disputes when conciliation hasn’t worked.
Is court for me?
You might be wondering, “Is court for me?” Absolutely! The court is there for people like you and me. Depending on the matter, we don’t have to be legal experts with tons of spare time to make a go of it.
Going to court
Your case will be totally different from the criminal trials that most people picture when they think about court.
Firstly, you can absolutely do it without a lawyer. The court does not expect everyone to have legal representation. The goal is less getting into complex legal arguments, and more helping two sides fix a problem and get on with their lives. However, this doesn’t mean you can’t get legal advice before you submit your claim and go to court, and it can be a great idea to do so to make sure you are putting your best case forward. Legal Aid WA offers free or low-cost legal services, Community Legal WA can connect you with an appropriate community legal centre, or you can seek private legal support.
Secondly, applying to court doesn’t have to cost a fortune, and you could get your court fees paid back by the business if your claim is successful. It’s always a good idea to seek legal advice about what the outcomes could be if your claim is unsuccessful and what that means for you. There are lower fees for eligible people, and under-eighteens don’t pay at all. You’ll find a full list of fees on the Magistrates Court website or by contacting your local courthouse.
Lastly, it might surprise you that the court will encourage you to resolve your case by agreement. You’ll probably get a few chances to work with the business or landlord to decide on a fair and reasonable outcome together. This is similar to our conciliation service, except the outcome becomes an official decision of the court. Don’t worry. If this pathway doesn’t work, you’ll go before a Magistrate who will make a decision for you after a trial.
So, that’s our case for going to court. We all deserve fair treatment in the consumer and rental markets – and the Magistrates Court of WA can be a great place to get it.
Conclusion
Up next is our video on what to expect once you’ve decided to go to court.
To better understand your consumer or rental rights, visit our website at consumerprotection.wa.gov.au or give us a call on 1300 30 40 54.
Also see the video description for other helpful resources.