Notice of Intention to Defend WA — What Happens When They Fight Your Claim

You served your minor case claim and the defendant actually responded — filing a Form 15A Response to Minor Case Claim within the 14-day window (21 days if they're interstate). It's not the outcome most claimants hope for, but it's far from the end.

What the Response Means

A defendant's response can take several forms, and each one changes what happens next:

Full admission. The defendant admits they owe the full amount. The registrar can enter judgment immediately without a hearing. If they also propose a payment plan, you can accept or reject it.

Part admission. They admit part of the debt but dispute the rest. You have 14 days to accept the admitted amount in full satisfaction — or reject it and proceed to litigate the balance.

Full defence. They deny owing you anything. They'll set out their grounds — the work was done, the goods were as described, you breached the contract first. The court lists the matter for a status conference.

Counterclaim. The defendant not only defends your claim but fires one back. They say you owe them money. If the counterclaim is under $10,000, it stays in the minor case stream. If it exceeds $10,000, the court may transfer everything to the general procedure track at the status conference.

The Status Conference

Once a full defence or disputed response is filed, the registrar lists a status conference before a Magistrate within 14 days. Both parties must attend in person. The conference is private unless the Court orders otherwise and is without prejudice; the Magistrate helps the parties explore settlement and manages the case.

If settlement doesn't happen, the Magistrate may issue case management directions — typically an order to exchange lists of documents and a trial date.

Should You Worry About a Counterclaim?

A counterclaim doesn't mean you've done something wrong — it means the defendant thinks you owe them money too. Contractors who abandoned a job might claim the homeowner owes for work partially completed. A tenant might counterclaim for repairs the landlord never made.

The court deals with both claims at the same hearing. If the defendant's counterclaim is baseless, the magistrate dismisses it. If there's merit to both claims, the magistrate can offset one against the other.

The key: don't let a counterclaim scare you into withdrawing. If your original claim is solid, a weak counterclaim won't sink it.

What to Do Now

Read the defendant's response carefully. Identify exactly what they admit and what they deny. Gather evidence that addresses each disputed point — if they say they finished the work, find photos proving they didn't. If they say you agreed to a lower price, find the written quote or text message confirming the original amount.

The WA Minor Case Claim Guide includes a response-analysis checklist to help you pull apart the defendant's arguments and prepare for the status conference or hearing.

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