What are civil claims in Western Australia?
In Western Australia, civil claims are legal actions taken by an individual or entity to seek compensation or damages for a loss or injury that they have suffered. These claims can be brought in the Magistrates Court or District Court, depending on the amount of money being sought. Examples of civil claims in Western Australia include breach of contract, personal injury, and property damage.
What are debtor claims in Western Australia?
In Western Australia, a debtor claim is a legal action taken by a creditor (the person or entity to whom money is owed) to recover a debt from a debtor (the person or entity who owes the money). These claims can be brought in the Magistrates Court or the Small Claims Tribunal, depending on the amount of money being sought. The process for debtor claims in Western Australia typically involves the creditor issuing a letter of demand to the debtor, and if the debt is not paid, the creditor can then file a claim in court. The court will then hear the case and make a decision on the matter. If the debtor is found to owe the debt, the court can make a judgment for the creditor to recover the debt and may also order the debtor to pay interest and costs associated with the case.
What is the dollar value limits for debtor claims in court?
In Western Australia, the dollar value limits for debtor claims in court depend on whether the claim is brought in the Magistrates Court or the Small Claims Tribunal.
In Magistrates Court the monetary jurisdiction limit is $75,000 which means that any claim that is over $75,000 cannot be heard in this court, it needs to be heard in District Court.
In Small Claims Tribunal, the monetary jurisdiction limit is $10,000. Any claim that is over $10,000 will not be heard in this court and need to be heard in Magistrates Court.
It’s important to note that these are just general guidelines and there can be some exceptions such as specific types of claims like building disputes, disputes between landlords and tenants, and disputes between consumer and trader which can be heard in Magistrates Court even if the amount of claim is over $75,000.
In Small Claims Tribunal, the monetary jurisdiction limit is $10,000. Any claim that is over $10,000 will not be heard in this court and need to be heard in Magistrates Court.
It’s important to note that these are just general guidelines and there can be some exceptions such as specific types of claims like building disputes, disputes between landlords and tenants, and disputes between consumer and trader which can be heard in Magistrates Court even if the amount of claim is over $75,000.
We can help you negotiate with the debtor or creditor depending on your circumstances.
Call Rebus Legal on 1800 732 875 and request a free 15-minute consultation to assess your debtors or creditors claim in one of our conveniently located offices in Victoria Park, Osborne Park or Joondalup.