Magistrates Court of Western Australia

What the Magistrates Court of Western Australia does

Established under the Magistrates Court Act 2004 (WA), the Magistrates Court is the first tier of the WA court system and exercises both criminal and civil jurisdiction, along with a range of administrative matters. In criminal cases it handles the bulk of charges in the State: it finalises most simple (less serious) offences itself and conducts committal proceedings for serious indictable offences, which are then sent up to the District Court or Supreme Court for trial or sentence. In civil cases it decides claims for debt or damages up to $75,000, with a simplified, lower-cost minor-case procedure for claims up to $10,000. Cases are heard by a magistrate, not a judge and jury. Appeals from the Magistrates Court generally go to the Supreme Court, or in some matters to the District Court.

What it hears

Simple (summary) criminal offences such as disorderly conduct, common assault and stealing, prosecuted and finalised in the Magistrates Court
Committal (preliminary) hearings for serious indictable offences before they proceed to the District or Supreme Court
Bail applications and sentencing for matters dealt with in the Magistrates Court
Traffic and driving offences, including extraordinary licence applications and licence disqualification matters
Civil claims for debt or damages up to $75,000, including a simplified minor-case process for claims up to $10,000
Restraining orders under the Restraining Orders Act 1997 (WA) - Family Violence Restraining Orders (FVRO), Violence Restraining Orders (VRO) and Misconduct Restraining Orders (MRO), including police-initiated applications
Other non-offence civil matters such as dividing-fences disputes and the disposal of uncollected goods

Before your first court date

Criminal matters usually begin when police (or another prosecuting agency) charge a person and give them a court hearing notice or summons, or release them on bail (or hold them on remand) for a first appearance. Civil matters begin when one party files a claim, which is served on the other side, who can then file a response. Before a first criminal appearance, the prosecution prepares its disclosure (the evidence against you), and anyone who intends to plead not guilty is strongly encouraged to get legal advice in advance - for example from Legal Aid WA or the court's duty lawyer service. It is worth confirming your court date, time and location early, arranging an interpreter through the court if you need one, and gathering any documents relevant to your matter.

What happens at your first appearance

A first criminal appearance is often a "mention". The charge is read out, you are asked to indicate whether you plead guilty or not guilty, and the court deals with practical matters such as bail, whether you need an interpreter, and whether you have or want legal representation. The magistrate may adjourn the matter to give you time to get legal advice, to allow disclosure, or to set a trial or sentencing date. If you plead not guilty, the court will set a trial date. If you plead guilty, the magistrate may sentence you on the day or adjourn for reports. Serious indictable charges do not finish here - they move through committal and are transferred to a higher court. For restraining orders, the first listing is where the respondent can consent or object, and a final hearing is set if the matter is contested.

What to prepare

Your court documents - the charge notice, summons, claim or application, and any letters from the court showing your date, time and location
Identification and any bail papers or conditions you have been given
Copies of any evidence or documents that support your side, such as receipts, contracts, photos, messages or records
A written list of dates and what happened, in order, so you can explain events clearly
Details of any lawyer, duty lawyer or Legal Aid WA contact you have arranged, and a request for an interpreter if you need one
Allow extra time to find the courtroom, pass through security and check the daily list on arrival

When to get legal advice

This page is general legal information, not legal advice. You should speak to a lawyer if you are facing a criminal charge (especially one that could lead to a conviction, loss of licence or imprisonment), if you intend to plead not guilty, if a serious indictable charge is heading to a higher court, if a restraining order could affect your living arrangements or contact with family, or if a civil claim involves a significant amount of money or complex facts. A lawyer can explain how the law applies to your specific circumstances, what your options are, and what is likely to happen at each stage. If you would like to speak with an admitted Australian lawyer, Legal Hotline can book you a fixed-fee consultation, and free duty lawyer and Legal Aid WA services may also be available.

Where it is

Perth Magistrates Court (principal registry): Central Law Courts, 501 Hay Street, Perth WA 6000 (postal: GPO Box C127, Perth WA 6839). The court is in the Perth CBD and is reachable by Transperth train and bus services, with paid parking nearby; allow time to clear security screening on entry. The Magistrates Court also sits at more than 25 other locations across WA, so always check your notice for the correct registry, as it may not be Perth.

Official sources

Magistrates Court of Western Australia - official website ↗Court Locations and Contacts ↗Restraining Orders information ↗About the Court (jurisdiction and claim limits) ↗

Frequently asked questions

What is the difference between the Magistrates Court and the District or Supreme Court in WA?

The Magistrates Court is the lowest-level court and handles the highest volume of cases. It finalises most simple (less serious) criminal matters and civil claims up to $75,000, with cases decided by a magistrate alone. More serious indictable offences and larger or more complex matters are dealt with by the District Court or Supreme Court, often with a judge and jury. Serious charges usually start in the Magistrates Court for a committal hearing before being sent up.

How much can I claim in a civil case in the Magistrates Court?

The general civil jurisdiction of the Magistrates Court covers claims for debt or damages up to $75,000. Smaller disputes up to $10,000 are dealt with under a simplified, lower-cost minor-case procedure designed to be easier to navigate without a lawyer. For amounts above $75,000 you would generally need to go to the District Court or Supreme Court.

Do I have to go to the Perth court, or are there other locations?

The Magistrates Court sits at more than 25 locations across Western Australia, with Perth as the principal registry at the Central Law Courts on Hay Street. Your matter will usually be listed at the court closest to where the offence is alleged to have occurred or where the dispute arose. Always check your court notice or summons for the exact location, date and time, because it may not be Perth.

What happens at my first appearance for a criminal charge?

The first appearance is often a mention, where the charge is read out and you indicate whether you plead guilty or not guilty. The court also deals with bail, interpreters and whether you have legal representation. The magistrate may adjourn the matter to let you get legal advice or to set a trial or sentencing date. If you plead guilty to a simple offence, you may be sentenced on the day or after reports are prepared.

Can I get a restraining order at the Magistrates Court, and is there a fee?

Yes. The Magistrates Court deals with Family Violence Restraining Orders (FVRO), Violence Restraining Orders (VRO) and Misconduct Restraining Orders (MRO) under the Restraining Orders Act 1997 (WA). You can lodge an application at a Magistrates Court, and there is generally no filing fee for an FVRO or VRO. A magistrate may make an interim order, and the matter is then listed for a hearing where the respondent can consent or object, with a final hearing set if it is contested. Police can also apply on a person's behalf. Check the current fees and forms on the court's website, as charges and procedures can change.

Do I need a lawyer to appear in the Magistrates Court?

You are not required to have a lawyer, and many people, especially in minor civil and traffic matters, represent themselves. However, for criminal charges, matters where you intend to plead not guilty, or anything that could affect your licence, liberty or family, legal advice is strongly recommended. Free help may be available through the court's duty lawyer service or Legal Aid WA, and you can also arrange your own lawyer in advance.

What should I do if I cannot attend my court date?

Failing to appear when required can have serious consequences, including a warrant for your arrest in criminal matters or a decision being made against you in civil matters. If you genuinely cannot attend, contact the relevant court registry as early as possible to ask about your options, which may include seeking an adjournment. This page is general information only - if you are at risk of missing a date, get legal advice quickly.

Where can I get free legal information or speak to a lawyer about my WA matter?

You can find official information on the Magistrates Court of Western Australia website, and free assistance may be available through Legal Aid WA and the court's duty lawyer service. Legal Hotline provides free general legal information 24/7 and can book you a fixed-fee consultation with an admitted Australian lawyer if you want advice tailored to your situation. Remember that general information is not the same as legal advice about your specific circumstances.