Western Australian Industrial Relations Commission - Industrial Magistrate Court Claim Information

Guides:

Unfair Dismissals

Contractual Entitlements

Fees & Charges

Prescribed Amount

Representation

Representing Yourself

Some Legal Terms

Industrial Magistrate Claims

Frequently Asked Questions

Industrial Magistrates Court Claim Information

Upon completion of your claim you should consider the amount of time you need to serve the claim. The claim must usually be served within 30 days, however, the Clerk of the Court may, in certain circumstances, approve service within 60 days. That approval must be obtained at the time of filing the claim. If you believe you will need more than 30 days in which to serve the claim you should let the Clerk know at the time of filing your claim.
Once the claim is filed you must serve the claim on every person/firm/body corporate/employing authority or other entity named as a respondent. If there is more than one person who operates a business as a partner each partner nominated as a respondent should be served.
Service is to be effected in the manner prescribed in the regulations - see regulations 13 to 16 inclusive.
Once service has been effected you must file an affidavit of service in a prescribed form to prove that the respondent has been served with the claim.
If the respondent's address for service is less than 1000 km from Perth the respondent has 21 days in which to file a response. If the address for service of the respondent is more than 1000 km from Perth then the respondent has 28 days within which to file a response.
Upon having filed a response the respondent must serve upon you a stamped copy of the response within 14 days of the filing of the response.
If the respondent does not do those things, that is, file and serve a response upon you within the prescribed time, you may make application in the prescribed form for judgment by default. Judgment will not be entered until such time as you make an Interlocutory Application for judgment.
Upon considering your Interlocutory Application for judgment, the Court may enter judgment in your favour in the amount claimed or, alternatively, to be assessed. If your claim is to be assessed you must make application to list the matter for assessment of damages.
The assessment of damages procedure is one in which evidence will need to be called by you to prove your loss or damages. If you are unsure as to how to do that you should obtain advice from a solicitor or agent. At an assessment of damages hearing the respondent may contest the issue of quantum of damages or compensation to be awarded.
Following the lapse of 21 days after judgment has been entered in a specified amount by default, or alternatively, 21 days after your damages have been assessed, you may seek from the Clerk the issue of a certified copy of the judgment for enforcement in the Local Courts.
If the respondent files and serves a response within the prescribed time, the Clerk will list the matter for pre-trial conference and you will be advised of the time and date of the pre-trial conference by post to the address for service that you have nominated.
If the matter is not settled at the pre-trial conference the Clerk may give directions to ensure that the matter is ready for hearing and thereafter list the matter for hearing.