In Western Australia most unpaid invoices are claimed in the Magistrates Court. A minor case claim covers debts up to $10,000 and a general procedure claim covers debts up to $75,000. Under the court's fee schedule effective from September 2026, the filing fee for a claim up to $10,000 is $199.50 for an individual, $196.50 for a small business or non-profit that signs the declaration, and $384 for other companies, plus $117.50 if the bailiff serves it. The debtor then has 14 days to respond (21 days if served interstate), or you can apply for default judgment. Before you file, send a letter of demand and consider the Small Business Development Corporation (SBDC), whose dispute help is free and whose mediation costs $125 per party.
General information only, not legal or financial advice. Every business and every debt is different. For advice on your situation, talk to a lawyer, your accountant or your state small business commissioner.
Step by step
- 1
Send a letter of demand
The SBDC suggests giving the debtor at least 14 days to pay, stating your preferred payment method, attaching the invoices and earlier reminders, and sending it by registered post or courier so you have proof of delivery. It should not look like a legal document or suggest you have already started proceedings.
- 2
Ask the SBDC for help
If your customer is another business or a government agency, the SBDC's dispute resolution team can help with unpaid invoices. Guidance, early intervention and case management are free, and mediation, where suitable, costs $125 per party per session. The SBDC does not collect debts.
- 3
Get the debtor's exact legal details
Use ABN Lookup and the ASIC register to find the correct legal name. The court says a claim against a company must use its registered office address for service, and every document needs a residential or registered office address.
- 4
Pick the right claim type
Up to $10,000, a minor case claim (Form 4) is less formal, held in private, and lawyers cannot act unless all parties agree or the court allows it. Up to $75,000, a general procedure claim (Form 3) is more formal and lawyers can act. Above that, the SBDC says the District Court handles debts up to $750,000.
- 5
Lodge online and pay the fee
Minor case claims must be lodged electronically through the courts' eCourts Portal. Pay the filing fee by card or direct debit. If you are a small business with fewer than 20 full time equivalent staff, or a non-profit, complete the declaration to get the lower fee.
- 6
Serve the claim
In most cases a claim must be served personally. You can pay the court's bailiff to do it ($117.50 plus travel) or arrange service yourself. Keep the bailiff's certificate (Form 10) or your affidavit of service (Form 11).
- 7
Wait for the response time, then act
The debtor has 14 days from service in WA, or 21 days if served in another state or territory. If they do not respond, lodge an application for default judgment (Form 13) with your proof of service. If they defend a minor case claim, the court lists a status conference before a magistrate to try to settle it.
- 8
Enforce the judgment if they still do not pay
Lodge Form 6 to ask for an enforcement order. Options include a means inquiry, a time for payment or instalment order, an earnings or debt appropriation order and a property (seizure and sale) order. Enforcement applications must be made within 12 years of judgment.
What else to know
At a glance: Western Australia
These are the key figures from the Magistrates Court of Western Australia and the SBDC, checked 30 October 2026. The court's current fee schedule is marked effective from September 2026, so check it again before you file.
Minor case or general procedure?
The court sets the line at $10,000. A minor case claim is built for people running their own case: proceedings are less formal and held in private, lawyers cannot represent either party unless everyone agrees or the court is satisfied no one is unfairly disadvantaged, and the court's stated aim is to bring the parties to a settlement. A general procedure claim handles debts up to $75,000. It is formal, lawyers can act, and if it is defended you may need to attend a pre-trial conference, a status conference or a mediation conference before any trial. If your debt is just over $10,000, weigh whether trimming it to fit the minor case procedure is worth the money you would give up, and get advice if you are unsure.
What it costs to file (fee schedule effective from September 2026)
The filing fee depends on the size of the claim and who you are. Fact Sheet 3 explains that a small business (an owner operated business or company with fewer than 20 full time equivalent employees, and not part of a larger group) or a non-profit association can complete a declaration to have the fee reduced. Each filing fee includes a $3 Suitors' Fund fee. If you are in financial hardship you can apply for a fee reduction using Form 1B.
Other costs to know about
In a general procedure claim, an application for a hearing (which covers the pre-trial conference, mediation conference and directions hearings) costs $309 for a claim up to $10,000, $565 for over $10,000 to $50,000 and $627 above $50,000 for an individual or small business, with higher fees for other entities. There is no hearing application fee in the minor case procedure. The court's fixed lawyer's costs for a claim of $10,000 or less are nil, so do not expect to recover legal fees on a small debt. Above $10,000 the fee schedule sets fixed lawyer's costs, for example $88 for a letter of demand and $561 for the claim.
Talk to the SBDC first
The Small Business Development Corporation is the WA Government agency for small business. Its dispute resolution team lists unpaid invoices and payment disagreements among the disputes it helps with, including disputes with other businesses and the commercial activities of government agencies. It can give guidance, send information to both parties to encourage them to talk (early intervention), assign an impartial dispute case manager, or arrange mediation with an independent mediator. Mediation is voluntary and costs $125 per party per session. You start with the online dispute resolution request form, or call 133 140. Have your contract, invoices and emails ready.
If your customer is a consumer
The Magistrates Court also hears consumer/trader claims about the sale, supply or hire of goods or services up to $75,000, and the court says either the consumer or the trader can start one. If you sell to households rather than businesses, read the court's Fact Sheet 4 before choosing the claim type.
Before you file: build a tidy evidence file
Gather the quote or contract and proof the customer accepted it, the invoices, delivery or completion records, every reminder and your letter of demand, and notes of calls and promises to pay. Put them in date order. Your description of claim needs to state the amount you are claiming, and you can include a claim for interest in it.
Interest on the debt
If your terms of trade set an interest rate on overdue invoices, claim that in your description of claim. Otherwise the court can award pre-judgment interest at a rate it decides, from when the debt arose to judgment, or a lump sum instead. After judgment, interest runs on the unpaid amount at the prescribed rate of 6% a year unless the court sets a different rate, and it is up to you to keep an accurate record of it. Read our guide on charging interest for the difference between an agreed contract rate and a court rate, and use the late payment interest calculator to estimate it.
Getting paid after judgment
A judgment does not put money in your account. Fact Sheet 23 lists the orders you can ask for: a time for payment order, an instalment order, a debt appropriation order (money owed to the debtor is paid to you), an earnings appropriation order, a property (seizure and sale) order and the appointment of a receiver. A means inquiry examines whether the debtor can pay. The application for enforcing a judgment of up to $10,000 costs $164.50 for an individual or small business ($247 for other entities), paid once, plus bailiff fees, for example $117.50 for a means inquiry and $269 for a property (seizure and sale) order.
Time limits
A claim on a contract debt is generally subject to a six year limitation period under the Limitation Act 2005 (WA), counted from when the debt became due. Do not wait anywhere near that long. Evidence fades and debtors move or close.
Is it worth it, and what else can you do?
The SBDC suggests weighing the likelihood of recovering the debt, the time away from your business and the legal and court costs. A judgment against a business with no money or assets can be hard to enforce. If you hand the debt to a collector, the SBDC notes that debt collectors in Western Australia must be licensed. If the debtor is a company and the debt is over $4,000 and genuinely undisputed, a statutory demand is another option (read our statutory demand guide first). If recovery looks unlikely, talk to your accountant about writing off the debt. Working across states? Compare our Victoria guide, NSW small claims guide and Queensland QCAT guide.
Final notice template (send this before you file)
Common questions
What is the small claims limit in WA?
The Magistrates Court of Western Australia's minor case procedure covers claims up to $10,000. Debts up to $75,000 can be claimed as a general procedure claim, and the District Court hears debts up to $750,000.
How much does it cost to file a minor case claim in WA?
Under the fee schedule effective from September 2026, the filing fee for a claim up to $10,000 is $199.50 for an individual, $196.50 for a small business or non-profit that completes the declaration, and $384 for other entities. Bailiff service costs $117.50 plus travel.
Can I use a lawyer for a minor case claim in WA?
Only if all parties agree or the court is satisfied that no party will be unfairly disadvantaged. The fixed lawyer's costs for claims of $10,000 or less are nil, so most small businesses run these claims themselves.
How long does the debtor have to respond in WA?
14 days from being served if served in Western Australia, or 21 days if served in another state or territory. If they do not respond, you can apply for default judgment using Form 13.
Does the SBDC help with unpaid invoices?
Yes. The SBDC's dispute resolution service lists unpaid invoices and payment disagreements among the disputes it helps with. Guidance, early intervention and case management are free, and mediation costs $125 per party per session. It does not provide debt collection.
What interest can I claim on a judgment in WA?
After judgment, interest runs at the prescribed rate of 6% a year unless the court sets another rate. Before judgment, you can claim the rate in your terms, or the court can award interest at a rate it decides.
Official sources
- Magistrates Court of WA: monetary claim for debt or damages
- Magistrates Court of WA: court fees schedule (effective from September 2026, PDF)
- Magistrates Court of WA: Fact Sheet 3, how to commence a minor case claim (PDF)
- Magistrates Court of WA: Fact Sheet 7, claiming interest (PDF)
- Magistrates Court of WA: Fact Sheet 9, when a claim has been served (PDF)
- Magistrates Court of WA: Fact Sheet 23, enforcing a judgment (PDF)
- Magistrates Court of WA: consumer/trader claims
- Magistrates Court of WA: eLodgment court fees and fee reductions
- Small Business Development Corporation (WA): dispute resolution service
- Small Business Development Corporation (WA): debt recovery
- Small Business Development Corporation (WA): writing a letter of demand
- Limitation Act 2005 (WA)
- ABN Lookup
- Search ASIC registers
Sources checked 30 October 2026. Rules and limits change, so check the official site before acting.