Magistrates Court WA Filing Fee — How Much It Costs to File a Minor Case Claim
Court fees are the first out-of-pocket cost when filing a minor case claim in Western Australia. A request to refund or transfer a fee must be approved by the Registrar. Knowing exactly what you'll pay — and whether you qualify for a concession — matters before you hit "submit" on the eCourts Portal.
Filing Fees for Claims Up to $10,000
The Magistrates Court (Fees) Regulations 2005 set the following claim lodgement fees:
| Filer category | Claim lodgement fee |
|---|---|
| Individual | $199.50 (includes $3 Suitor's Fund fee) |
| Eligible small business or other eligible entity | $196.50 |
| Non-eligible entity (including a corporation) | $384.00 (includes $3 Suitor's Fund fee) |
| Eligible individual | $59.00 |
These fees are GST-exempt. You pay through the eCourts Portal by credit or debit card when you file.
Who Qualifies for the Concession Rate
An eligible individual pays $59.00. Regulation 8 includes holders of a Health Care Card, Health Benefit Card, Pensioner Concession Card, Commonwealth Seniors Health Card, or another Centrelink or Department of Veterans' Affairs card that certifies entitlement to Commonwealth health concessions. It also includes recipients of a youth training allowance, AUSTUDY or ABSTUDY, and individuals with legal aid for the proceedings. Use Form 1A to apply as a concession-card holder. The Court or a registrar may also grant an eligible-individual fee on financial-hardship or interests-of-justice grounds under regulation 9B, using Form 1B or Form 1C.
The Small Business Discount
This is the one most sole traders miss. A non-eligible entity pays $384.00. A small business or non-profit association that lodges the declaration (Form 1) is charged the $196.50 eligible-entity fee under regulation 5A. Regulation 3's small-business definition includes an individual or partnership that wholly owns and operates a business with fewer than 20 full-time-equivalent employees and partners.
Sole traders and partnerships are not excluded from the small-business rate; the declaration can apply when the claimant meets the definition.
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Other Fees You Might Hit
The claim lodgement fee isn't the only cost. Depending on how your case plays out:
| Application | Minor case fee |
|---|---|
| Default judgment (Form 13) | No fee |
| Interlocutory application (Form 23) | No fee |
| Hearing/allocation fee | No fee |
No hearing fee is charged for minor cases — the hearing itself is free once you've paid to file.
Can You Get the Fee Back?
If you win, the magistrate can award "allowable costs," which include the filing fee, bailiff service charges, and witness conduct money. But under the minor case rules, legal fees (what you'd pay a solicitor) are specifically excluded — even if you win.
The filing fee is one of the allowable costs the court may award. Keep your receipt and ask the court to award it as a cost; it is separate from the underlying amount claimed on Form 4.
The WA Minor Case Claim Guide includes a full fee worksheet so you can calculate your total claim amount — including the filing fee and any statutory interest — before you file.
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