WA Minor Case Response Deadline — 14 Days in WA, 21 Interstate

If served within Western Australia, the deadline to respond to a Minor Case Claim is 14 calendar days from service; if served elsewhere in Australia, it is 21 calendar days. The count starts the day after the claim was physically delivered or deemed received, not the day it was filed at court. Getting this calculation wrong by even one day can result in a default judgment for the full claimed amount.

How the Clock Works

Under the Magistrates Court (Minor Cases Procedure) Rules 2005, day one of the countdown is the day after service. All calendar days count — weekends, public holidays, everything.

Two scenarios:

• Served within WA: 14 calendar days from the day after service.
• Served interstate (e.g., you live in Melbourne but the claim was filed in Perth): 21 calendar days, under Section 16 of the Service and Execution of Process Act 1992 (Cth).

If the final day falls on a Saturday, Sunday, or WA public holiday, the deadline extends to 5:00 PM WST on the next business day.

Worked Example

You are served at your door in Perth on Wednesday, 6 May 2026.

• Day 1: Thursday, 7 May
• Day 14: Wednesday, 20 May

Your Form 15A response must be lodged on the eCourts Portal by 5:00 PM WST on Wednesday, 20 May.

If instead you were served on a Friday and day 14 lands on a Saturday, your actual deadline becomes the following Monday at 5:00 PM.

What "Served" Means

The deadline is tied to the date of effective service, which depends on the method used:

• Personal service — the date someone handed you the documents.
• Bailiff service — the date recorded on the Form 10 Certificate of Proof of Service.
• Postal service — the date the documents would ordinarily have been delivered in the course of post, not the date they were posted.

Keep the postmarked envelope or delivery confirmation. If there is a dispute about when service occurred, that evidence determines your deadline.

What Happens If You Miss It

Missing the deadline does not trigger an automatic default judgment. The claimant must apply to the court separately for default judgment to be entered. That creates a narrow window: if you file Form 15A after your response period expires but before the claimant's default application is processed and granted, your late response is accepted.

Do not rely on this gap. Some claimants apply the moment the deadline expires.

Once default judgment is entered, the claimant can begin enforcement — property seizure orders, means inquiries, and garnishee orders under the Civil Judgments Enforcement Act 2004. Setting aside a default judgment requires a formal application, supporting affidavit, and a hearing, which is harder and slower than filing on time.

Protect Your Deadline

Phone calls, emails, and informal negotiations with the claimant do not pause the clock. The parties may agree in writing to extend the deadline, but court approval or registry formalisation through the eCourts Portal is recommended to prevent default processing. If no extension is agreed, apply to the court for an extension before the deadline expires.

The WA Minor Case Response Guide includes a deadline calculation worksheet that walks through the service-date rules and weekend roll-over logic so you can pin your exact filing date with confidence.

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