Industrial Magistrates Court of Western Australia

 FAQ

Industrial Magistrates Court


 

1. If I want to know more about claims in the general jurisdiction of the Industrial Magistrates Court and the formal procedure to follow, where can I find out?

 

This information is found in the regulations under which the Court operates, being the Industrial Magistrates Courts (General Jurisdiction) Regulations 2005.

 

2. How is a claim in the Industrial Magistrates Court lodged? What is the process?

The lodging of a claim is not a complicated process but it can be taxing for a person who has not had previous experience with the required forms. Some assistance can be obtained from the “Information” section of this web page. It is suggested that contact be made with an officer of the Court on 9420 4467 for some initial assistance and to arrange for forms to be forwarded if attendance at the counter is not possible. Should attendance at the Court’s registry be possible then the staff will be able to provide guidance to enable a claim to be more effectively completed and lodged. 

3. Must the respondent to a claim be named correctly

It is most important that the respondent be correctly named. For example, by using a Director’s name instead of the company name when the respondent is in fact a company, the whole action may be rendered worthless. It is imperative that the respondent is correctly named. To be certain a search at the Australian Securities & Investment Commission (ASIC), Level 3, 66 St Georges Terrace Perth may be conducted. The result of this search will be provided in a document which can be produced to the Court if needed. There is a fee associated with a search which is published on the ASIC website. In certain circumstances a business name search is advisable. Business names may be searched at the Business Names Section of the Department of Commerce at 219 St Georges Terrace, Perth 6000.

4. Must particulars of a claim and the response thereto be provided in any detail?

Some attention to the detail of the claim and the response thereto is required. Not only must the Court be informed of what is being claimed, but it is also important for the respondent to be informed of the claim it has to respond to. It is important for the claimant to know the basis of any denial of the claim. Delays in the processing of claims can occur if the claim or the response is not sufficiently particularized.

5. Can a claim be served on the respondent by mail?

Yes, in some circumstances. If the respondent is a company service can be effected by way of ordinary mail to the registered office of the respondent. It is most important that the correct address is used. To be certain a search at the Australian Securities & Investment Commission (ASIC), Level 3, 66 St Georges Terrace Perth or Business Names Section at the Department of Commerce at 219 St Georges Terrace, Perth 6000 may be conducted.

6. How do I effect service on a Corporation?

Service may be effected on a Corporation in a number of ways. Information may be found here.

7. Must the respondent respond to a claim?

Yes, otherwise the claimant will be entitled to seek judgment by default. The respondent must respond to a claim within 21 days of being served with the claim. The respondent, in the response, can wholly deny the claim, admit part of the claim or wholly admit the claim.

8. What is a pre-trial conference?

A pre-trial conference is a proceeding which is convened by the Clerk of the Court following the lodgement of a response which does not wholly admit your claim. The purpose of the proceeding is to bring the parties together to discuss the claim on a “without prejudice” basis to see if the claim can be settled by the parties exchanging their respective points of view and trying to reach a compromise. It also enables the Clerk to programme the claim for trial in the event that a settlement is not reached.

9. Must I attend a pre-trial conference?

Yes. It is compulsory for both parties to attend the pre-trial conference even though they might be represented by a lawyer or an industrial agent.

10. Do I have to attend the hearing of a claim before the Industrial Magistrate?

It is almost always the case that both the claimant and someone on behalf of the respondent will be required to give evidence in relation to a claim. Both the claimant and a representative of the respondent will almost always be required to attend the hearing even though they might be represented by a lawyer or an industrial agent.

11. If a claim is successful and an order issues in favour of the claimant, can action be taken against the respondent to obtain payment of monies awarded?

Pursuant to sections 81CA(4) and 88 of the Industrial Relations Act 1979, a judgment of the Court may be enforced by lodging a certified copy of the order, direction or decision, together with an affidavit stating to what extent it has not been complied with, with your local court.

Contact us

Industrial Magistrates Court of Western Australia
17th Floor
111 St Georges Terrace
PERTH WA 6000

Phone : 9420 4467
Facsimile : (08) 9420 4500
Free Fax 1800 804 987
Email Registry reg email

 

You are here: Home > FAQ