Transcript
Response and listing
So, you’ve made your claim and it’s been served on the defendant. Your next steps depend on how the person or business responds to your claim once they receive it.
They can ignore, admit or dispute your claim.
If they ignore your claim, you can apply to the court for an outcome based solely on the details in your claim. Once you make this application, the outcome of the case lies with the court.
If they admit your claim, you win your case without needing to go to court. This means that the person or business has legally agreed with your claim and the court will most likely make an order providing for the remedy you asked for.
If they dispute part or all of your claim, or the claim value, your case can be listed for a court session. The court’s ‘list’ is its schedule of cases on a given day.
The way your case comes to be listed will depend on the category it’s in. No matter what, you’ll be notified in writing of where you need to be and when.
Preparation
If your case is listed for a court session, here’s how to prepare.
First, make sure you can be there. The court will notify you of the time, date and place of your session. If you don't show, your claim could be dismissed. So, make sure you put plans in place so you can be in the right place at the right time.
Second, get familiar with your claim. This is your version of events for the court to consider. You could try writing it down or telling it to a friend or family member. Whatever will make you feel the most comfortable when the time comes to tell your story. It’s OK if you don’t memorise it perfectly because you can use notes in court.
Third, put together your supporting material, which is the evidence to support your version of events, like receipts, text messages, emails, or bank statements. And if you’ve been through conciliation, it can be helpful to include a copy of your closing letter from Consumer Protection as it shows you’ve tried to resolve the issue. These need to be submitted online in eCourts before your court date, and you need to bring printed or digital copies to court too.
Lastly, make sure any witnesses know where to be and when and any documents they need to bring to court. You might not need a witness for your case, so only bring one if you need to.
If you tried the conciliation process with us at Consumer Protection, a lot of this preparation will sound familiar. You already told your story and submitted supporting material to the conciliator you worked with.
Status conferences, pre-trial conferences and consent orders
Once the day arrives, the court should give you and the respondent chances to agree on an outcome together. For a minor case claim this is called a status conference and for a general procedure claim this is called a pre-trial conference. If your matter isn’t listed for a status or pre-trial conference you can always ask for the court to list one.
Status conferences and pre-trial conferences are private sessions with you, the respondent and a court official. The court official is there to help guide the session, but not to give legal advice. The whole point is to try to settle your case by agreement.
If you reach an agreement, it can become a ‘consent order’. A consent order confirms the agreement and makes it an official decision of the court, meaning it can then be enforced by you.
If you don’t reach an agreement, the court will either list another status or pre-trial conference to see if an agreement can be reached at a later date, or the case will proceed to a trial.
Trials can be lengthy and the decision that a magistrate makes at the end of a trial may not be a decision that either party likes, so it’s often better to come to an agreement to resolve the claim at a status or pre-trial conference. This might mean settling for an outcome that is less than perfect, but still reasonable.
At the start of your case, think about how much time and energy you want to spend in court. The sooner you’re able to agree on a reasonable outcome, the sooner you can wrap up your case and move on.
Conclusion
Up next we look at accepting a reasonable outcome 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.