How to Serve a Minor Case Claim in Western Australia

Filing your minor case claim on the eCourts Portal is only half the job. The court doesn't notify the defendant — you do. And if service isn't done properly, you can't apply for default judgment, and your claim stalls.

What "Service" Means

Service means physically delivering the sealed, stamped copy of your Form 4 claim to the defendant so they know they've been taken to court. The rules are strict about how this happens.

Personal Service on Individuals

For claims against a person, you (or someone you appoint) hand the sealed Form 4 directly to the defendant. The server identifies the person and gives them the document. If the defendant refuses to take it, the server places it down in their presence and tells them what it is. That counts as served.

You don't have to serve it yourself. A friend, relative, or anyone over 18 can do it — just not someone who's a party to the claim. Private process servers charge roughly $80 to $150 per serve in the Perth metro area.

Serving a Company

To serve a proprietary limited or public company, post the sealed Form 4 by prepaid ordinary post to the company's registered office address. You find this address through an ASIC company extract search. Alternatively, hand it directly to a director of the company.

Don't serve it at a retail shop or branch — it needs to reach the registered office or a named director to be valid under section 109X of the Corporations Act 2001.

Using a Court Bailiff

The Magistrates Court can arrange bailiff service for you. Contact the court registry where you filed and request bailiff service. A prescribed fee applies, which you can later claim back as an allowable cost if you win.

Bailiff service is useful when you don't know anyone who can serve the document or the defendant is difficult to locate in person.

Minor Consumer/Trader Claims — Claimant Arranges Service

A consumer/trader claim of $10,000 or less can be started as a Form 4 minor case claim. The claimant must arrange service of the sealed claim under the minor case rules; the registry does not post the Form 4 claim for you.

The One-Year Deadline

You must serve the claim within one year of filing. If a year passes without valid service, the claim becomes inactive and you'll need a court order to extend the service period. Don't sit on it.

Proving You Served It

Before you can apply for default judgment or proceed to a hearing, you need to file proof that the defendant was served. This means swearing an Affidavit of Service.

The person who performed service (not you, if someone else did it) swears the affidavit. It must state:

• Their name and how they identified the defendant
• The exact date, time, and address of service
• The method used (hand delivery, post to registered office)
• What documents were served

The affidavit is filed at the court registry or through the eCourts Portal.

Interstate Service

If the defendant lives in another Australian state, the Service and Execution of Process Act 1992 (SEPA) applies. You must attach a SEPA Form 1 Notice to the claim documents, and the defendant gets 21 days to respond instead of the usual 14.

The WA Minor Case Claim Guide covers every service method with a tracking log to record who served what, when, and where — so your proof of service is ready when you need it.

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