Transcript
Claim types and rules
Let’s begin with the different types of claims.
Your claim will have a value, which is equal to the remedy you are seeking by applying to court. The remedy might be money or something else, like a good or service you’re owed. Either way, it has a dollar value. That’s your claim value.
If your claim is about the supply of goods or services, it is a consumer claim. If your claim value is $10,000 or less, it will generally be in a category called ‘minor case’.
If your claim is about renting, it is a residential tenancy claim. Residential tenancy claims are usually worth $10,000 or less and belong in a special minor case category tailored to rental disputes.
If you have a consumer claim worth more than $10,000 but no more than $75,000, it will be in the general procedure category that deals with consumer claims of a higher value. In some situations, you can choose to have a consumer claim worth $10,000 or less handled in this category instead of the minor case category.
There are some key differences between minor cases and general procedure cases.
In all minor cases, lawyers are generally not allowed to represent either you or the person or business you’re claiming against. Instead, everyone attends court ‘self-represented’, which means representing themselves. Minor cases can cost less and the process is kept as simple and informal as it can be.
In general procedure cases, lawyers can be used, however it is common for people to self-represent. If you win the case, you can usually claim some of your legal costs from the other party, and they can do the same against you if they are successful. There are more fees in this category because it is a bit more formal with some extra steps.
In all categories, you can claim your court fees from the business or landlord if your case is successful. To be clear, court fees are different to legal costs. Court fees are the fees you pay to the court when you submit a claim or apply for a hearing. Legal costs are the fees you pay to a lawyer for their services.
Making a claim
To get started, the first step is to submit your claim online using the eCourts Portal of Western Australia. eCourts asks about your dispute and uses your answers to recommend the right claim form to fill out and submit. If you can’t submit a claim online, call your nearest court to explore other options.
The information you put on your form is the content of your claim and what the court will consider, so getting legal advice before you submit it is a good idea. 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.
After you make your claim, it usually needs to be served on the defendant – the person or business you’re claiming against. The forms may refer to them as the ‘respondent’ because they will be responding to your claim. You can serve the form yourself or you may have the option to pay the court to serve the form for you. Visit the Magistrates Court website for factsheets to guide you through court proceedings.
Conclusion
Up next is our video on how to prepare for your day in 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.