Filed Your WA Minor Case Response Late? What You Can Still Do
The deadline for filing Form 15A has passed — 14 days if served within WA, or 21 days if served elsewhere in Australia — and you have not lodged your response. Maybe you did not understand the documents, maybe you were away, or maybe you hoped the problem would resolve itself. Whatever the reason, the question now is whether you can still do anything.
The answer depends on what has happened since the deadline expired.
Scenario 1: No Default Judgment Yet
Default judgment is not automatic in WA. Under Rule 16 of the Magistrates Court (Minor Cases Procedure) Rules 2005, the claimant must actively apply for default judgment after the response period expires. Between the deadline passing and the registrar processing that application, there is a window.
If you lodge Form 15A on the eCourts Portal before the claimant's default application is processed and granted, your late response is accepted and blocks entry of default judgment. The matter can then be listed for a status conference.
This is the simplest and cheapest path — but you cannot predict how wide the window is. Some claimants apply immediately. Others wait days or weeks.
Check the eCourts Portal now. Search for your case using the reference number on the Form 4 you were served. If the case status does not show "Default Judgment Entered," file your Form 15A immediately.
Scenario 2: Default Judgment Has Been Entered
If the registrar has already entered default judgment, you need to apply to set it aside. This requires:
- Form 23 (Interlocutory Application) — requesting the court set aside the default judgment.
- Form 2 (Supporting Affidavit) — a sworn statement explaining why you did not respond on time and outlining your proposed defence.
Under Rule 42, lodge the application within 21 calendar days after judgment, or by an extended date the court allows. Filing the application does not automatically stay enforcement; apply separately for an order staying enforcement while the set-aside application is heard.
The magistrate considers the reason for your delay, how quickly you acted once you found out about the judgment, and whether you have a genuine defence to the claim. If persuaded, the court sets aside the judgment and grants leave to defend. Follow any directions the court makes about filing your response.
If the magistrate is not persuaded — weak excuse, long unexplained delay, no viable defence — the judgment stands and the claimant proceeds with enforcement.
Time Is the Critical Variable
In both scenarios, speed matters. The longer the delay between the original deadline and your action, the harder it becomes — either because the default judgment window closes, or because the magistrate views a long unexplained gap unfavourably in a set-aside application.
File today if you can. There is no fee for lodging a standard Form 15A response.
The WA Minor Case Response Guide walks through both the late-filing process and the full set-aside application, including what to write in the supporting affidavit.
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