With the Magistrates Court’s in WA being one of the most used courts, we figured many of you would find a brief guide focusing on the Magistrates Court quite useful.
You’ll find information below relating to the Magistrates court:
- What kind of cases it handles
- Procedures and rules
- Forms and fees
- Where you can find case decisions and listings
- List of all the Magistrates courts in Perth with locations and contact information
Cases the Magistrates Court handles
The Magistrates Courts jurisdiction in WA handle two types of cases:
Criminal
- Only adults, aged 18 years of over, can be charged in this court.
- Most of the time only simple offences are heard by the Magistrates Court.
- Offences which are of a more serious nature (indictable offences) begin in the Magistrates court and may, in fact, be dealt with completely by the Magistrates Court. However, the most serious types of criminal offences must be forwarded on to the District Courts and Supreme Courts of WA.
- There are specific divisions within the Magistrates Court which specialise in various areas of criminal offences. These divisions have the flexibility to introduce their own innovative procedures and sentencing.
- You are allowed to represent yourself in your own case. Legal Aid WA has provided a self-help guide describing the procedures and forms to use. Register here and follow the prompts.
In more serious cases where your freedom could be in jeopardy, we recommend hiring a criminal lawyer. See here for a guide on how to find the best criminal lawyers in Perth, and here for a list of all the criminal lawyers in Perth.
Civil
There are specific requirements of your case for it to be heard by the Magistrates Court:
- General procedure claims for damages/debt must be under $75,000
- Minor claims for damages/debt can be up to $10,000
- Residential tenancy matters which involve amounts up to $10,000
- Claims for the recovery of real property up to a gross rental value of $75,000, and
- Cases involving consumer/trader claims over the sale, supply, or hire of goods or services
For all other cases, please refer to our guide on Perth District Courts and Perth Supreme Courts.
Magistrates Court WA Procedures and Rules
The Magistrates Court of WA has kindly provided the public with a general guide as to the procedure of a claim and the process in the form of the flowchart below.
*Please note this is to be used as a guide only and may be subject to change without notice.
Here are a list of the fact sheets, what they describe, and a link to read them:
- Fact Sheet 2 – How to comment a general procedure claim in the courts
- Fact Sheet 5 – Statement of claim procedure
- Fact Sheet 6 – Statement of defence procedure
- Fact Sheet 8 – How to serve an official court document
- Fact Sheet 9 – What happens following the service of a claim
- Fact Sheet 10 – What to do if you’ve been served with a claim
- Fact Sheet 12 – Procedures regarding the pre-trial conferences of minor claims
- Fact Sheet 13 – Procedures regarding the pre-trial conferences of general claims
- Fact Sheet 14 – What are conference listing and how to prepare for them
- Fact Sheet 16 – The rules and procedures of the trial itself
- Fact Sheet 18 – Information relating to damages under $10,000
- Fact Sheet 19 – Information relating to damages over $10,000
- Fact Sheet 20 – What is a summary judgment and how to apply for one
Fact sheets relating to preparing yourself for a court appearance, what happens if there’s a change of venue, and more can be found here.
Magistrates Court Rules
You’ve seen the videos or heard the stories – A judge slamming down his Gavel (big wooden hammer) finding someone in contempt of court – but what were they actually doing?
The judge may find you in contempt of court if you:
- Interrupt the proceedings
- Misbehave before the court
- Insult a person constituting the court
- If you don’t take an oath or affirmation as requested by the court
- Refuse to give evidence when you are competent and compellable to do so
- Do not attend the court as a witness without a reasonable excuse
- Do no comply with a lawful order of the court (other than to pay money)
So, what happens if you break some of those rules? You may be fined up to $12,000 or imprisoned for 12 months, or both. See here for more information.
Magistrates Court Fees and Forms
Forms
There are six (6) most commonly used forms used to lodge a claim in the Magistrates Court:
- Civil Proceedings – Form 3 – General Procedure Claims – PDF
- Civil Proceedings – Form 4 – Minor Case Claims – PDF
- Civil Proceedings – Form 6 – Consumer/Trader Minor Case Claims – PDF
- Civil Proceedings – Form 7 – Consumer/Trader General Procedure Claims – PDF
- Residential Tenancy Form 12 – Application for court order – PDF
- Residential Tenancy Form 6 – Application for disposal of bond money – PDF
All of these forms can be lodged electronically as well. Click here to get started. *Note payment must be made with a VISA or Mastercard to lodge electronically.
If a form you’re looking for isn’t listed above, click here for civil matters then choose and option on the left sidebar, and here for criminal matters.
Filing Fees
As of January 16, 2017 – Forms 3, 4, 5, and 6 all have the same fees:
- Minor Claim not exceeding $10,000
- Individual or eligible entity
- Filing fee – $118.00
- Suiter’s fund fee – $0.20
- Bailiff/Claimant Service fee – $70.50
- Fee for entity
- Filing fee – $229.00
- Suiter’s fund fee – $0.20
- Bailiff/Claimant Service fee – $70.50
- Fee for eligible individual
- Filing fee – $35.30
- Suiter’s fund fee – $0.20
- Bailiff/Claimant Service fee – $70.50
- Individual or eligible entity
- General Procedure Claim Over $10,000 and not exceeding $50,000
- Individual or eligible entity
- Filing fee – $299.00
- Suiter’s fund fee – $0.20
- Bailiff/Claimant Service fee – $70.50
- Fee for entity
- Filing fee – $584.00
- Suiter’s fund fee – $0.20
- Bailiff/Claimant Service fee – $70.50
- Fee for eligible individual
- Filing fee – $90.00
- Suiter’s fund fee – $0.20
- Bailiff/Claimant Service fee – $70.50
- Individual or eligible entity
- Claim exceeding $50,000
- Individual or eligible entity
- Filing fee – $477.00
- Suiter’s fund fee – $0.20
- Bailiff/Claimant Service fee – $70.50
- Fee for entity
- Filing fee – $927.00
- Suiter’s fund fee – $0.20
- Bailiff/Claimant Service fee – $70.50
- Fee for eligible individual
- Filing fee – $100.00
- Suiter’s fund fee – $0.20
- Bailiff/Claimant Service fee – $70.50
- Individual or eligible entity
- Letter of Demand
- Claim not exceeding $10,000 – Nil
- Claim over $10,000 to $75,000 – $77.00
- Lawyer’s costs
- Claim not exceeding $10,000 – Nil
- Claim over $10,000 to $75,000 – $407.00 fixed amount + $55.00 for each additional defendant
Form 6 and 12 relating to Residential Tenancies are as follows:
- Claim not exceeding $10,000
- Filing fee – $53.55
- Filing fee (financially disadvantaged person) – $19.70
- Suiter’s Fund fee – $0.20
Wondering what an eligible entity or individual is? See Reg 8 of the MAGISTRATES COURT (FEES) REGULATIONS 2005.
For a full list of all other fees, see this PDF file.
Where can you find Magistrates Court’s listings and decisions
Case Listings
If you believe you’re scheduled to appear before the Magistrates Court today, you can check the listings here. New listings are posted daily.
Can’t find your listing on the list? Contact the relevant court – you can find their details below.
Decisions
Unfortunately, Magistrates Court’s decisions aren’t listed publicly. The only way you’re able to obtain a copy of what happened in court is by requesting a transcript or a copy of the court document. Find the PDF file here.
You will need to know the specific case details and there are more fees:
- Individual or Eligible Entity – $18.75 plus $6.45 per page
- Entity – $18.75 plus $12.85 per page
- Eligible Individual – $5.60 plus $1.95 per page
Yes, it can get quite expensive, even if you ask for a digital copy.
Perth Magistrates Court List
There is one (1) central Magistrates Court in the city, another six (6) spread out across the metropolitan area and a further twenty (20) across the rest of WA.
Below you’ll find a list of all the Magistrates courts in WA, along with their contact information such as phone, fax and email, as well as their address and opening hours.
Magistrates Court of WAAddress: 501 Hay Street, Perth 6000 |
Armadale Magistrates CourtAddress: 109 Jull Street, Armadale 6112 |
Fremantle Magistrates CourtAddress: 8 Holdsworth Street, Fremantle 6160 |
Joondalup Magistrates CourtAddress: 21 Reid Promenade, Joondalup 6027 |
Midland Magistrates CourtAddress: 24 Spring Park Road, Midland 6056 |
Rockingham Magistrates CourtAddress: Whitfield Street, Rockingham 6168 |
Mandurah Magistrates CourtAddress: 333 Pinjarra Road, Mandurah 6210 |
Albany Magistrates CourtAddress: 184 Stirling Terrace, Albany 6330 |
Broome Magistrates CourtAddress: Hamersley Street, Broome 6725 |
Bunbury Magistrates CourtAddress: 3 Stephen Street, Bunbury 6230 |
Busselton Magistrates CourtAddress: 12 Stanley Street, Busselton 6280 |
Carnarvan Magistrates CourtAddress: Corner Babbage Island Road and Robinson Street, Carnarvan 6701 |
Christ Island Magistrates CourtAddress: Christmas Island 6798 |
Cocos Islands Magistrates CourtAddress: Police Station, Cocos Islands 6799 |
Collie Magistrates CourtAddress: Wittenoom Street, Collie 6225 |
Derby Magistrates CourtAddress: Loch Street, Derby 6728 |
Esperance Magistrates CourtAddress: Dempster Street, Esperance 6450 |
Geraldton Magistrates CourtAddress: 15 Marine Terrace, Geraldton 6530 |
Kalgoorlie Magistrates CourtAddress: 309 Hannan Street, Kalgoorlie 6430 |
Karratha Magistrates CourtAddress: Balmoral Road, Karratha 6714 |
Katanning Magistrates CourtAddress: Clive Street, Katanning 6317 |
Kununurra Magistrates CourtAddress: 94 Coolabah Drive, Kununurra 6743 |
Manjimup Magistrates CourtAddress: Mount Street, Manjimup 6258 |
Merredin Magistrates CourtAddress: Mitchel Street, Merredin 6415 |
Moora Magistrates CourtAddress: Dandaragan Street. Moora 6510 |
Narrogin Magistrates CourtAddress: Fortune Street, Narrogin 6312 |
Northam Magistrates CourtAddress: Wellington Street, Northam 6401 |
South Hedland Magistrates CourtAddress: Hawke Place, South Headland 6722 |