WA Magistrates Court: fees, deadlines and what to take

Which WA court document do you have?

The Magistrates Court ordinarily sits without a jury, usually with one magistrate. It deals with summary criminal and traffic matters, some indictable offences that can be dealt with summarily, committals to higher courts and specified civil matters. The applicable court legislation and the document itself determine the process; the same building does not mean the same rules.

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Contacting the registry, a lawyer or Legal Hotline does not itself lodge a response, adjourn a hearing, change bail or stop a deadline.

What happens at a first criminal appearance?

A first appearance often deals with the charge, representation, bail and what happens next. Under the Criminal Procedure Act, the court must address whether you have the prosecution notice, time to consider it and seek advice, and understand the charge and proceedings before requiring a plea in the relevant process. Initial disclosure obligations also matter; a complete trial brief is not necessarily ready at the first date.

If you need advice, missing material or an interpreter, explain this to the court. Ask for the necessary time; the court decides whether to adjourn. A guilty plea may lead to sentence that day or a later sentencing date. A not-guilty plea can lead to a trial date or another procedural date before trial.

An indictable charge does not always leave the Magistrates Court: some are dealt with summarily. Charges proceeding on indictment follow the committal process to a higher court. Get advice about the particular charge and possible consequences before choosing a plea.

The current Advice Before Court service provides telephone information from a paralegal for specified court locations. It may help obtain records or arrange duty-lawyer assistance. It does not guarantee a lawyer appointment before your date; regional clients can contact their local Legal Aid WA office.

1. Check the exact court, time and attendance requirement; keep every bail condition with your papers.
2. Bring the charge/prosecution notice, statement of material facts, disclosure received and a list of anything missing.
3. Arrange advice and ask the court early about interpreter, accessibility or safety needs.
4. Arrive early enough for security and tell court staff you are present. Confirm the next date and any orders before leaving.

Civil claims: limits, response and lawyer attendance

The Civil Proceedings Act gives the court general jurisdiction over qualifying monetary claims up to $75,000. Some subjects are excluded, other statutes confer jurisdiction, and written consent can permit certain claims above the general limit. Do not decide the forum from the dollar amount alone.

For an eligible claim of $10,000 or less, the claimant can elect the minor-case procedure. It is not automatic merely because the amount is small. The court aims to resolve minor cases informally, and lawyer representation requires leave under statutory tests. Advice outside court does not itself give a lawyer permission to appear.

Minor-case recoverable costs are generally limited to allowable court, service and enforcement expenses, with exceptions. Recovering legal costs in general procedure for a claim of $10,000 or less is also restricted. Winning does not necessarily reimburse your lawyer’s bill.

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Use the court’s monetary-claim guide and the applicable general rules or minor-case rules. Keep proof that electronic documents were actually lodged; an unsent draft or rejected submission is not confirmation.

Restraining orders: the first hearing may be without the respondent

An initial FVRO or VRO application can be considered without the respondent present. Do not assume the first listing is a hearing where both parties attend and choose consent or objection. The Restraining Orders Act provides different stages and safeguards. An application against a child is generally dealt with in the Children’s Court.

For an interim FVRO or VRO lasting more than 72 hours, the respondent ordinarily has 21 days after service to return the prescribed endorsement consenting or objecting. If no endorsement is returned in time, the interim order can become final. An objection does not suspend the conditions. A contested matter may involve conferencing or a hearing, depending on the process.

A limited late-objection route exists after an order becomes final through non-response: section 32(5) ordinarily requires an application within 21 days after notification of finality, or a further period allowed, and statutory grounds must be met. This is not an automatic second chance. Seek advice promptly rather than waiting for that route.

FVRO and VRO applications are exempt from the relevant court application fee. A misconduct restraining order has a different fee and process. Follow the court’s official application instructions; a provider-assisted online FVRO pathway is different from ordinary in-person lodgment. Ask about safety arrangements and avoid contact that would breach an existing order.

WA Magistrates Court filing fees: use the payable total

These are the individual civil filing totals in the court’s September 2026 fee schedule, checked against the Fees Regulations and Suitors’ Fund rules. The ordinary-individual figures below include the $3 levy. Eligible-individual fees do not attract that levy.

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Entity and eligible-entity rates differ: use the linked full schedule. Reduced fees depend on the prescribed eligibility or an approved direction, including available hardship/interests-of-justice grounds; unemployment alone is not a universal exemption. Service, travel, hearings, enforcement and lawyer costs may be additional. Fee exemption does not promise free representation or immunity from other costs.

Missed a date or want to challenge a decision?

Act promptly and obtain the actual order and reasons. Missing a required criminal appearance can lead to an arrest warrant; a hearing notice can allow a charge to be decided in your absence. The route back may be a rehearing application rather than an appeal. Civil default judgments and restraining orders have different procedures.

Record when the decision was made, when sentence was imposed if relevant, when papers were served and when you learned of the outcome. Provide the reason for missing court and supporting documents. Ask separately whether a stay or other protective order is needed: lodging a challenge does not automatically suspend every order or obligation.

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The controlling provisions include Criminal Appeals Act sections 7–12, Civil Proceedings Act sections 32 and 40, Magistrates Court Act section 29 and Restraining Orders Act section 64. Get advice about grounds and time calculation for your order.

Documents to prepare before seeking court help

1. Every matter: all court papers, the case number, next date and venue, service dates, existing orders and contact details for any lawyer. Keep a dated chronology and identify what you want help deciding.
2. Criminal or traffic: charge notice, bail undertaking and conditions, statement of material facts, supplied criminal/traffic history, disclosure received and outstanding requests. Preserve relevant evidence.
3. Civil claim: claim and response papers, statement of claim, correct party names, amount calculations, contracts, invoices, receipts, communications, settlement history and proof of service. Keep lodgment confirmation.
4. Restraining order: every page of the application/order, conditions, endorsement form, service date, prior and family orders, relevant messages/photos and safe contact details.
5. Missed date or challenge: order and reasons, decision/notification dates, absence explanation and evidence, enforcement notices, and any earlier advice or applications.
6. Fee reduction or assistance: concession/eligibility documents and financial evidence requested by the court or legal service. Confirm what the consultation or court service covers.

Keep original documents and organised copies. Giving papers to a lawyer or registry counter does not by itself file the required application or evidence.

Perth registry and finding the correct venue

The Perth Magistrates Court is at Central Law Courts, 501 Hay Street, Perth WA 6000. Phone (08) 9425 2222; email PerthMagistratesCourt@justice.wa.gov.au. Postal address: GPO Box C127, Perth WA 6839.

The current directory lists building hours as Monday–Friday, 8:30 am–4:30 pm. Registry hours are 9 am–4 pm, with a 1 pm–2 pm closure. Building access hours are not a promise that registry services are open.

Use the venue on your actual summons, notice or order and the official court directory. Metropolitan, regional and special sittings can have different locations and arrangements. Ask the registry early about interpreter, accessibility and safety requirements; staff can explain administration and forms, but do not give personal legal advice.

Official help and free legal information

Court administration, legal information and lawyer representation are different services. Confirm eligibility, scope, availability and any charge before relying on assistance.

Common questions about the WA Magistrates Court

Related legal information