WA Magistrates Court Hearing Date and Adjournment — What Respondents Need to Know

How Your Hearing Date Is Set

After you lodge Form 15A and attend the status conference, the matter moves to a hearing only if settlement was not reached. The magistrate at the status conference sets the hearing date, and the court notifies both parties of the date, time, and registry location.

Hearing dates in the Magistrates Court of Western Australia are typically scheduled weeks or months after the status conference, depending on the court's list. You will receive notice through the eCourts Portal and potentially by post. Check your eCourts account regularly — notifications can arrive there before physical mail does.

The hearing is where the magistrate hears both sides, reviews evidence, and makes a binding decision. Minor case hearings are private (not open to the public) and conducted informally compared to general procedure trials.

Can You Request an Adjournment?

An adjournment postpones the hearing to a later date. You can request one, but the court is not obliged to grant it. Magistrates weigh whether the adjournment is genuinely necessary and whether it would be unfair to the other party.

Grounds that courts typically accept:

• Medical emergency. You or a critical witness is hospitalised or has a serious illness that prevents attendance. Include a medical certificate or other supporting evidence if available.
• Key evidence is unavailable. A document or witness you need has not arrived despite reasonable efforts to obtain it. You must show what steps you have taken and when you expect the evidence to be available.
• You were not given enough notice. If the hearing date was set without adequate notice, you can argue you have not had a reasonable opportunity to prepare.

Grounds that courts usually reject:

• Work schedule conflicts (you can usually request time off for a court date)
• Holiday plans booked after the hearing date was set
• "I need more time" without a specific reason tied to evidence or preparation
• Wanting to find a lawyer (the minor case track is designed for self-representation, and seeking legal advice is not a guaranteed adjournment ground)

How to Apply for an Adjournment

File an interlocutory application (Form 23) through the eCourts Portal, supported by an affidavit (Form 2) setting out your reasons. Do this as early as possible — the court is far more receptive to adjournment requests made well before the hearing date than to applications lodged the day before.

If the other party consents to the adjournment, state that in your application. Consent does not guarantee the court will agree, but it removes one objection.

If your application is refused and you fail to attend the hearing, the magistrate may proceed in your absence and make a decision based solely on the claimant's evidence.

Preparing for the Hearing

Whether or not you seek an adjournment, preparation is the same:

Evidence bundle. Prepare a numbered, logically named PDF bundle of every document you plan to rely on — contracts, photographs, receipts, correspondence, quotes. Upload it through the eCourts Portal and bring printed copies to court. Magistrates expect hard copies on the day.

Written summary. Prepare a brief written summary of your position — what the claim is about, what you dispute, and what evidence supports your defence. Keep it factual and structured. The magistrate will read your Form 15A defence, but a clear summary helps during the hearing.

Know your numbers. If the dispute is about an amount — repair costs, unpaid invoices, damage estimates — be ready to explain every figure and point to the supporting document.

Arrive early. Show up at least 30 minutes before your listed time. Check in with the court registry or the clerk at the courtroom door. Magistrates Court hearings can run ahead of schedule if earlier matters settle.

The WA Minor Case Response Guide includes a hearing preparation checklist and evidence indexing sheet to help you organise everything before the date.

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