Letter of Demand Western Australia — How to Write One Before Court

You've been chasing payment for weeks and getting nowhere. Before you file a minor case claim in the WA Magistrates Court, send a formal letter of demand. Skipping this step won't prevent you from filing, but it may prejudice your ability to recover allowable disbursements or pre-judgment interest.

Why the Letter Matters

A magistrate expects to see evidence that you gave the other side a reasonable chance to pay before dragging them into court. Your letter of demand becomes Exhibit A — proof you tried to resolve things first.

It also gives the other side a clear chance to pay. When deciding whether to award allowable costs, the court may consider whether you made a clear written demand before filing; no demand does not automatically prevent cost recovery.

What to Include

Keep it factual and professional. The letter should cover:

1. Both parties' full legal names. Not trading names alone — the person or company's actual legal name. If you're dealing with a business, search the ABN Lookup or ASIC register to confirm their registered name.
2. What happened. A short summary of the agreement or incident — dates, what was promised, what went wrong.
3. How much they owe. The exact dollar amount with a breakdown: original invoice or deposit, minus anything already paid, plus any contractual interest if your agreement allows it.
4. A deadline to pay. Give 7 to 14 calendar days. Less than 7 looks unreasonable; more than 14 delays your filing unnecessarily.
5. What happens next. State plainly that you will file a minor case claim in the Magistrates Court of Western Australia if payment isn't received by the deadline.

Attach copies of supporting documents — the invoice, contract, quote, or receipt — but keep the originals for court.

How to Send It

Send the letter by registered post through Australia Post. Registered post gives you a tracking number and delivery confirmation, which you can produce as evidence of delivery.

Keep your own copy of the letter, the Australia Post receipt, and any online tracking screenshots showing delivery. These go into your court bundle if you end up filing.

Email can work as an additional copy. Registered post gives you a tracking number and delivery confirmation to keep as evidence of delivery.

What If They Respond

If they offer to pay part of the amount, you can negotiate — but get any agreement in writing. If they dispute the debt entirely, you've still done your part. Note their response (or silence) and move on to filing.

The WA Minor Case Claim Guide includes a demand letter framework with the exact structure and follow-up steps so nothing gets missed before you file.

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