Industrial Magistrates Court of Western Australia

Information

Information for party making a claim

  1. 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 lodging the claim.

     

  2. Once the claim is lodged you must serve the claim on every person/firm/body corporate/public 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.

     

  3. Service is to be effected in the manner prescribed in Part 9 of the Industrial Magistrates Courts (General Jurisdiction) Regulations 2005.

     

  4. 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.

     

  5. 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.

     

  6. Upon having filed a response the respondent must serve upon you a sealed copy of the response within 14 days of the lodging of the response.

     

  7. If the respondent does not do those things, that is, lodge 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 Application for default judgment supported by affidavit (Forms 6 and 7) which must be served on the respondent.

     

  8. Upon considering your application for default judgment, the Court may enter judgment in your favour in the amount claimed. If default judgment is not ordered the Court may make any other orders as it thinks fit for the further progress and determination of the matter.

     

  9. Following the lapse of 21 days after default judgment has been entered you may seek from the Clerk the issue of a certified copy of the Final Order to enable enforcement in another Court, being your Local Court.

     

  10. If the respondent lodges 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, email or fax at the address for service that you have nominated.

     

  11. If the matter is not settled at the pre-trial conference the Clerk may make orders to ensure that the matter is ready for hearing and thereafter list the matter for hearing.

     

  12. Following the hearing, if you are successful you can enforce the judgment in the same manner as described in paragraph 9 above.

The Making of Affidavits for use in the Industrial Magistrates Court of Western Australia

  1. All affidavits lodged must be in accordance with the Approved Forms of the Industrial Magistrates Court of Western Australia (IMC). Approved Forms are available on the IMC´s website at www.imc.wa.gov.au

     

  2. Affidavits must be made, and sworn or affirmed by an "authorised witness" in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

     

  3. Section 9(6) of the Oaths, Affidavits and Statutory Declarations Act 2005 prescribes those persons who are deemed to be an authorised witness, where an affidavit is made at a place within Western Australia :
    (6) An authorised witness for an affidavit that is made at a place within Western Australia is -
    (a) Justice of the Peace;
    (b) an experienced legal practitioner, unless excluded by subsection (7);
    (c) a public notary within the meaning of the Public Notaries Act 1979; or
    (d) any person referred to in section 6(2).

     

  4. The persons referred to in section 6(2) of the Oaths, Affidavits and Statutory Declarations Act 2005 are :
    (2) Any registrar or clerk of a court, and any mining registrar appointed under the Mining Act 1978, may administer an oath to or take the affirmation of any person for any purpose.

     

  5. It is to be noted however, that an experienced legal practitioner who has participated in any way in preparing an affidavit, or in the proceedings in which an affidavit is intended to be used, cannot also be the authorised witness on that same affidavit (see section 9(7) of the Oaths, Affidavits and Statutory Declarations Act 2005).

     

  6. Section 9(8) of the Oaths, Affidavits and Statutory Declarations Act 2005 prescribes those persons who are deemed to be an authorised witness, where an affidavit is made at a place outside of Western Australia:
    (8) An authorised witness for an affidavit that is made at a place outside Western Australia is -
    (a) a judge of a court of that place, or a magistrate or justice of the peace of or for that place;
    (b) a notary public;
    (c) a prescribed consular official who is performing official functions at that place; or
    (d) a person who has authority under the law of that place to administer an oath to another person.

     

This information is provided as a guide only, for your assistance. Should you require any further clarification of the information provided, it is suggested that independent legal advice be obtained.

 Forms and Directions

 Contact registry@wairc.wa.gov.au

 

 

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

 

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