What the District Court of Western Australia does
The District Court is a busy trial court in Western Australia, handling both criminal and civil work. On the criminal side, it tries serious indictable offences (committed up from the Magistrates Court) before a judge and jury, or a judge alone, and sentences people who plead guilty or are found guilty. On the civil side, it decides claims for debt and damages up to $750,000, and personal injury damages claims with no monetary limit. It also deals with certain appeals from the Magistrates Court. The court runs trials, sentences offenders, and resolves civil disputes that are too large or serious for the Magistrates Court but do not need the Supreme Court.
What it hears
- Serious criminal offences tried on indictment before a judge and jury, or a judge alone, after being committed up from the Magistrates Court
- Serious assaults and sexual offences
- Serious fraud, dishonesty and commercial theft offences
- Burglary, robbery and stealing offences
- Drug offences such as possession with intent, supply and trafficking
- Civil claims for debt or damages up to $750,000
- Personal injury damages claims, which have no monetary limit
- Certain appeals from the Magistrates Court
Before your first court date
Criminal matters reach the District Court by being committed up from the Magistrates Court. Before your first District Court appearance, an indictment (the formal document setting out the charges) is prepared and the matter is listed for your first appearance. Read any paperwork you receive carefully, note the date, time and courtroom, and check the daily court lists published online so you know where to go. If you are facing serious charges, getting legal help before this date is important, because decisions made early, including how you intend to plead, can affect the whole case. For civil matters, a claim is usually commenced by an originating process such as a writ, and the case then moves through pleadings, case management directions and often mediation before any trial date is set.
What happens at your first appearance
At a criminal first appearance you are arraigned: the judge's associate reads the indictment and you are asked to plead guilty or not guilty to each charge. If you plead guilty, the matter is usually listed for sentencing before a judge. If you plead not guilty, the case proceeds toward trial, and the court works to set trial dates at the first appearance or as soon as practicable afterwards. Trials are heard by a judge and jury, or by a judge alone in some cases. Arrive early, dress neatly, turn your phone off, and address the judge as "Your Honour". If you do not understand what is happening or what you are being asked, you can ask for time, and the court can arrange an interpreter if you need one.
What to prepare
- Photo identification and any court documents you have received, such as the indictment, charge sheet or claim
- Your matter or case number, so registry staff and the court can quickly find your file
- The day's court list (check it online or on the screens at court) to confirm your courtroom and listing time
- Contact details for your lawyer if you have one, and any correspondence about your case
- For civil matters, copies of relevant documents, pleadings and any evidence you intend to rely on
- Extra time to clear security and to find parking or use public transport
When to get legal advice
The general information on this page can help you understand how the District Court works, but it cannot tell you what to do in your own case. Because this court deals with serious criminal charges and substantial civil claims, the stakes are high: an outcome can mean a criminal record, imprisonment, or a large money judgment. You should speak with a lawyer if you are charged with an indictable offence, if you are unsure how to plead, if you are being sued or want to sue for a significant amount, or if you need to file or respond to documents by a deadline. A lawyer can explain your options, the likely consequences, and the steps that apply to your specific situation. If you would like, this service can connect you with a lawyer for a fixed-fee consultation.
Where it is
500 Hay Street, Perth WA 6000 (principal registry). Postal address: GPO Box 962, Perth WA 6843. Phone: (08) 9425 2128. The registry building in central Perth is open 8:30am to 5pm, with the registry counter open 9am to 4pm, Monday to Friday. It is in the city centre and is easiest to reach by public transport; if you drive, allow extra time to find parking and to clear security on arrival.
Frequently asked questions
What is the difference between the District Court and the Magistrates Court in WA?
The Magistrates Court deals with less serious (summary) criminal matters and smaller civil claims, while the District Court is the intermediate court for serious indictable crimes and larger civil disputes. Many criminal cases start in the Magistrates Court and are committed up to the District Court for trial or sentencing.
What is the maximum amount I can claim in a civil case in the District Court?
The District Court hears civil claims for debt or damages up to $750,000. Personal injury damages claims are an exception and have no monetary limit, so they can be heard regardless of the amount claimed.
Will my criminal case be heard by a jury?
Serious criminal trials in the District Court are usually heard by a judge and jury. In some cases a trial may proceed before a judge alone. If you plead guilty, there is no trial and the matter goes to a judge for sentencing instead.
What happens at my first appearance in the District Court?
For a criminal matter you are arraigned, which means the charges in the indictment are read and you are asked to plead guilty or not guilty. A guilty plea is listed for sentencing; a not guilty plea moves toward trial, with the court working to set trial dates at or soon after the first appearance.
How do I find out which courtroom my matter is in?
The District Court publishes daily court lists online showing the matters before the court, the presiding judge and the courtroom. Check the Court Listings page before you attend, and look at the screens inside the court building on the day to confirm.
Where is the District Court located and when is the registry open?
The principal registry is at 500 Hay Street, Perth WA 6000. The building is open 8:30am to 5pm and the registry counter is open 9am to 4pm, Monday to Friday. You can phone the registry on (08) 9425 2128.
Do I need a lawyer for the District Court?
You are not required to have a lawyer, but District Court matters are serious and the procedures are complex. Because the consequences can include a criminal record, imprisonment or a large money judgment, getting legal advice is strongly recommended. This service can connect you with a lawyer for a fixed-fee consultation.
Can the District Court hear appeals?
Yes. As well as running trials and sentencing offenders, the District Court deals with certain appeals from the Magistrates Court. The procedure for an appeal differs from a trial, so it is wise to get advice about deadlines and the steps that apply to your specific matter.