How to Write a Statement of Claim for a WA Minor Case

The statement of claim is the backbone of your Form 4 minor case claim. It tells the Magistrate what happened, who owes what, and why. The WA eCourts Portal gives you a text box to enter your "Particulars of Claim" — and what you write there determines whether your case starts on solid ground or stumbles before it begins.

What the Statement Must Cover

Your statement of claim is not a letter, a rant, or a legal essay. It is a concise factual narrative that establishes four things:

1. Who the parties are. Your full legal name and the defendant's exact legal name — individual, partnership, or company (with ACN/ABN). Naming the wrong party can cause service problems, delay, or dismissal of the claim.

2. What happened. The material facts, in chronological order. When was the contract made? What was agreed? When was the work done or the goods delivered? When did the breach occur?

3. How much is owed and how it is calculated. If the claim is for a specific debt (a single unpaid invoice), state the invoice number, date, and amount. If it's for multiple invoices, itemise each one. For unliquidated damages (repair costs, property damage), reference your supporting quotes and state the total.

4. What you are asking the court to order. Usually: payment of the principal sum, plus pre-judgment interest under section 15 of the Magistrates Court (Civil Proceedings) Act 2004, plus allowable costs (filing fee, service fee).

A Practical Example

Suppose you are a freelance web designer owed $7,200 for a completed project. Here is what a clear statement of claim looks like:

On 3 February 2026, the claimant and the defendant entered into a written agreement for the claimant to design and build a website for the defendant's business. The agreed fee was $7,200.

The claimant completed all work by 28 March 2026 and delivered the final files to the defendant by email on that date. The claimant issued Tax Invoice #1042 on 28 March 2026 for $7,200, payable within 14 days.

The defendant has not paid any portion of the invoice despite the claimant issuing a formal letter of demand dated 20 April 2026 (sent by registered post, Australia Post tracking reference XY123456789AU) requiring payment within 14 days.

The claimant claims $7,200 (being the unpaid invoice), plus pre-judgment interest under section 15 of the Magistrates Court (Civil Proceedings) Act 2004 from 12 April 2026 (the date payment fell due) to the date of judgment, plus allowable disbursements including the court filing fee.

That is everything the Magistrate needs. Dates, amounts, the basis of the obligation, and the demand. No emotion, no legal jargon, no irrelevant background.

Common Mistakes That Weaken Your Claim

Too vague. "The defendant owes me money for work I did" tells the court nothing. Which work? When? How much? Specificity is what separates a claim that moves forward from one that draws a Registrar's questions before it even reaches the other side.

Too emotional. "The defendant is a dishonest person who lies constantly" is an argument, not a fact. The Magistrate evaluates evidence, not character assessments. Keep your personal feelings out of the statement.

Wrong defendant name. If the person you're suing operates as "Mike's Plumbing" but their legal name is Michael Robert Smith trading as MRS Plumbing Services, you need the correct legal name. An ASIC search or ABN lookup helps identify the registered entity before you file.

Claiming the wrong amount. If your total loss exceeds $10,000 but you want to use the minor case procedure, you must explicitly abandon the excess amount over $10,000 in your statement. You cannot split a single cause of action into multiple claims to stay under the threshold.

Forgetting pre-judgment interest. If you are owed a contractual debt, you can request pre-judgment interest under section 15 from when your cause of action arose. The Magistrate sets the rate; the statutory rate in the Civil Judgments Enforcement Regulations 2005 applies to post-judgment interest. If you want interest considered, include your request in the claim.

Amending Your Statement After Filing

If you realise there is an error in your statement of claim after lodging — a wrong date, a miscalculated total, or a correction to the defendant's name — you can amend the claim before service without leave. After service, you need the court's permission via a Form 23 application. Fix errors early; amending after a status conference is harder and can delay the hearing.

What Happens Next

Once you lodge your claim through the eCourts Portal and pay the filing fee, the registry generates a sealed copy bearing the court seal, action number, and filing date. That sealed copy is what you serve on the defendant. The defendant then has 14 days (21 days if served interstate) to file a response.

For the complete filing process — from writing your demand letter to preparing your evidence bundle and attending the hearing — the WA Minor Case Claim Guide walks through each step with templates and checklists.

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