WA Magistrates Court Costs in a Minor Case — What You Can and Can't Recover

One of the biggest advantages of the minor case stream is also its biggest limitation: costs are capped. Under section 31 of the Magistrates Court (Civil Proceedings) Act 2004, a winning party in a minor case cannot recover legal fees. But that doesn't mean you walk away with nothing beyond your original claim.

What You Can Recover ("Allowable Costs")

The court can award these costs to the winning party:

• Court filing fees — $199.50 for an individual, $196.50 for an eligible entity, $384.00 for a non-eligible entity, or $59.00 for an eligible individual
• Bailiff or process server fees — what you paid to have the claim served on the defendant
• Witness conduct money — the statutory sum you paid to cover a witness's travel to court

These are "allowable costs" under the minor case rules. Keep receipts for the amounts you paid and ask the Court to award any allowable costs.

What You Can't Recover

• Solicitor fees. Even if you hired a lawyer for advice before filing, their bill stays with you. This is the trade-off for the minor case rule that restricts legal representation — neither side pays the other's lawyer.
• Your time. Lost wages for attending court, time spent preparing documents, fuel costs — none of these are recoverable as costs.
• Expert report fees. If you paid for a professional valuation or expert opinion, the court won't add that to the judgment unless the magistrate specifically ordered the report.

Pre-Judgment Interest

If your claim is for a specific debt (an unpaid invoice, an unreturned deposit), you can ask the magistrate to add pre-judgment interest under section 15 of the Act. This compensates you for the time the debtor had your money.

The rate is at the magistrate's discretion, running from the date the money was first owed until the date judgment is entered. You need to request it in your statement of claim — the court doesn't add it automatically.

If your contract specifies an interest rate for late payment, cite that; the Magistrate decides the rate to apply under section 15.

Post-Judgment Interest

Once judgment is entered, statutory post-judgment interest accrues automatically on the unpaid amount under the Civil Judgments Enforcement Act 2004 and regulation 4 of the Civil Judgments Enforcement Regulations 2005. You don't need a separate application — it's a right attached to every money judgment.

The Real Savings

The minor case cost rule means the financial risk of losing is small. If you lose, the most you'll pay is the other side's allowable costs — their filing fee and service fees. You won't face a solicitor's bill for thousands of dollars, which is exactly what happens in the general procedure track for claims over $10,000.

This makes minor case claims the lowest-risk way to recover debts under $10,000. The filing fee is modest, the exposure if you lose is limited, and pre-judgment interest can make up some of the delay.

The WA Minor Case Claim Guide includes a cost calculation worksheet to help you build your total claim — the debt itself, plus filing fees, plus any pre-judgment interest — so nothing is left off the table.

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