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Western Australia small claims guide

How to sue someone in WA

Western Australia handles small money claims in the Magistrates Court. Claims of $10,000 or less can use the minor cases procedure — informal, private, and designed to get you to a settlement.

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Quick answer

In Western Australia, most small money claims go to the Magistrates Court of Western Australia — Minor Case (up to $10,000). You generally have 6 years to sue on a debt or contract. Send a letter of demand first.

Magistrates Court of Western Australia — Minor Case

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Monetary limit
Minor case: up to $10,000 (general procedure up to $75,000).
Filing fee
From Sept 2026: $199.50 individual (incl. $3 Suitors' Fund), $384 entity, $59 eligible individual. Bailiff service $117.50 + travel.
Form
Form 4 — Minor Case Claim (Form 7 for consumer/trader claims)
Where to lodge
eCourts Portal ↗
Lawyers
Not entitled to representation unless all parties agree or the court allows it.
Service
Usually personal service — the court bailiff can serve ($117.50 + travel) or you can arrange it. Defendant has 14 days (21 interstate) to respond.

Fee bands (individual / business)

  • ≤ $10,000: $199.50 / $384

Source: magistratescourt.wa.gov.au Magistrates_Court_Fees.pdf + Civil Fact Sheet 3 (30 Oct 2026). Checked 2026-10-30. Official info ↗

Step by step in WA

  1. Send a letter of demand. Give a clear deadline (we use 21 days). No mandatory notice for minor cases, but a letter of demand is expected.
  2. Check the forum and the limit. WA's minor case limit is the lowest in the country at $10,000 — over that and you're in the general procedure (up to $75,000).
  3. Prepare your claim. Form 4 — Minor Case Claim (Form 7 for consumer/trader claims). Have your evidence numbered and ready.
  4. Lodge and pay the fee via eCourts Portal.
  5. Serve the other party. Usually personal service — the court bailiff can serve ($117.50 + travel) or you can arrange it. Defendant has 14 days (21 interstate) to respond.
  6. Turn up prepared. Most hearings start with conciliation — be ready to settle on sensible terms.
  7. Enforce if you have to. If you win and aren't paid, the Magistrates Court can issue enforcement orders, such as a time-for-payment order, a property (seizure and sale) order or an earnings appropriation order.

Time limits

Most contract and debt claims: 6 years (Limitation Act 2005 (WA) s 13).

Special cases

  • Bonds & tenancy: Bond and tenancy disputes go to the Magistrates Court (Residential Tenancies).
  • Unpaid wages: Fair Work small claims can be run in the WA Magistrates Court (Industrial).

Local tips

  • Lodge a Form 4 (Minor Case Claim) on the eCourts Portal; consumer/trader claims use Form 7.
  • Usually you must serve personally — the court bailiff can do it for $117.50 plus travel.
  • The defendant has 14 days to respond (21 if served interstate).

WA FAQs

What's the minor case limit in WA?

$10,000 or less. Claims over $10,000 and up to $75,000 use the general procedure.

How much does it cost to file a minor case in WA?

From September 2026: $199.50 for an individual (including the $3 Suitors' Fund levy), $384 for an entity, or $59 for an eligible individual.

Can I have a lawyer in a WA minor case?

Only if all parties agree or the court is satisfied no one will be unfairly disadvantaged.

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