Consumer Trader Claim WA — Responding to a Form 6 Minor Case

What Is a Form 6 Consumer/Trader Claim?

Form 6 is the version of the minor case claim used for disputes between a consumer and a trader in Western Australia. It covers disagreements over the sale, supply, or hire of goods or services where the amount claimed is $10,000 or less. If you run a business and a customer is suing you — or you bought something from a business and they are pursuing you — the claim likely arrives as a Form 6 rather than the standard Form 4.

The consumer/trader track is governed by Part 3 of the Magistrates Court (Minor Cases Procedure) Rules 2005. The response deadline, the Form 15A you need to file, and the eCourts Portal process are identical to a standard minor case. The difference is in what the claimant needs to prove and the remedies the court can order.

How Consumer/Trader Claims Differ

Under the Australian Consumer Law (ACL), which operates as Schedule 2 of the Competition and Consumer Act 2010 (Cth), consumers who buy goods or services from a trader have statutory guarantees — that the goods are of acceptable quality, fit for purpose, and match their description. When a consumer brings a Form 6 claim, they are typically arguing one of these guarantees was breached.

For traders responding to a consumer claim, the key question is whether the guarantee applies and whether the failure was "major" or "minor." A major failure entitles the consumer to a refund or replacement. A minor failure gives the trader the right to offer a repair first. The court applies the ACL framework regardless of what any contract or warranty document says — consumer guarantees cannot be excluded by contract.

If the claim is between two private individuals (not a business), it should have been filed as a Form 4, not a Form 6. If someone filed the wrong form against you, raise it at the status conference — the court may reclassify the matter.

Responding on Form 15A

Your response process is the same: lodge Form 15A through the eCourts Portal within 14 calendar days of service (21 days if served interstate). The form's sections — admit, defend, partial admission, counterclaim — work identically for consumer/trader claims.

In Part H, your defence should address the specific consumer guarantee allegedly breached. Common defences include:

• The goods matched their description and were fit for purpose. You delivered what was promised, and the consumer's expectations exceeded what was reasonable.
• The consumer caused the problem. Misuse, abnormal use, or failure to follow instructions can defeat a guarantee claim.
• You offered a repair and the consumer refused. For minor failures, the ACL gives the trader the right to remedy the issue. If you offered a reasonable repair and the consumer declined, that strengthens your position.
• The claim amount is inflated. Even if a guarantee was breached, the damages must be proportionate. A consumer cannot claim the full purchase price for a minor defect that could be fixed for a fraction of the cost.

Consumer Protection WA and Conciliation

Before the claim reached court, the consumer may have gone through conciliation with Consumer Protection WA (part of the Department of Local Government, Industry Regulation and Safety). Conciliation is voluntary, and if it failed, the consumer's next step is the Magistrates Court.

If no conciliation was attempted, you can suggest it at the status conference. Magistrates often encourage parties to explore settlement options, and a conciliated outcome avoids the time and uncertainty of a hearing.

What Happens Next

After you lodge your Form 15A, the court lists a status conference. Consumer/trader conferences focus heavily on the practical remedy — does the consumer want a refund, repair, or replacement, and is the trader willing to offer one? Many of these cases settle at the conference stage.

If the matter proceeds to a hearing, bring your evidence: the product description or service agreement, correspondence with the customer, proof of any repair offers, warranty documents, and photographs of the goods or completed work.

For a structured guide to the full response process — including Form 15A instructions and evidence preparation — see the WA Minor Case Response Guide.

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