How to File a Counterclaim in a WA Minor Case

Someone has filed a Minor Case Claim against you in the WA Magistrates Court, and you believe they actually owe you money. A counterclaim lets you bring your own claim against the claimant within the same proceeding — no separate case filing needed. But there are rules about when you can counterclaim, what it costs, and what happens if your counterclaim exceeds $10,000.

How to Request a Counterclaim

Counterclaims are initiated through Part I of Form 15A (Response to Minor Case Claim). When completing your response, tick the box indicating you wish to make a counterclaim and briefly describe the nature and amount of your cross-claim.

Part I is a request — the magistrate assesses it at the status conference. If permitted, the court directs you to file a Form 20A (Statement of Minor Case Counterclaim) setting out the full particulars of your claim: what the claimant did or failed to do, the monetary amount you seek, and the factual basis for each item.

The $10,000 Threshold

The Minor Case track has a $10,000 ceiling. If your counterclaim exceeds that amount without the parties' consent, the magistrate may transfer the counterclaim or the entire matter to the General Procedure track or District Court. General Procedure allows legal representation (which the Minor Case track restricts) and applies formal evidence rules.

If both parties consent, the matter can stay on the Minor Case track even with a counterclaim above $10,000. But in practice, the other side rarely agrees when the stakes are higher.

Fees

Filing a standard Form 15A response is free. But a counterclaim is treated like an originating claim — you pay the same filing fee the claimant paid to start the case. The fee amount depends on your entity type (individual vs. business) and is prescribed under the Magistrates Court (Fees) Regulations 2005.

Concession card holders and those experiencing financial hardship can apply for fee reductions using Form 1B (Financial Hardship) or Form 1C (Interests of Justice) on the eCourts Portal.

What the Counterclaim Changes

Adding a counterclaim means the magistrate at the status conference deals with both claims together. Settlement discussions will address the net position — if you owe $3,000 on the original claim and they owe you $5,000 on the counterclaim, the practical outcome might be a $2,000 payment in your favour.

If the matter goes to a hearing, the magistrate decides both the original claim and the counterclaim in the same proceeding.

When a Counterclaim Makes Sense

Counterclaim when the claimant's actions directly caused you a quantifiable financial loss arising from the same transaction or relationship. A contractor sues you for an unpaid invoice, and their defective work cost you repair expenses — that is a natural counterclaim. But if your grievance is unrelated to the claim against you, filing a separate minor case claim may be cleaner.

The WA Minor Case Response Guide covers the counterclaim process step by step, including Form 20A drafting guidance and how the status conference handles cross-claims.

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