Court procedure - Car crashes
If the defendant lodges a Notice of Intention to Defend the next steps are different depending on whether the case is a general procedure or minor case claim.
General Procedure Claim - What to do after receiving a Notice of Intention to Defend
You must:
• complete a statement of claim. This document should explain the basis for your case and why you think the defendant owes you money
• lodge and serve the statement of claim within 14 days of being served with the response (or by another date if ordered by the court registrar). If you lodged a statement of claim when you first started the case, you do not need to complete another one.
In a general procedure case a party to a claim can apply to the court for a registrar to list a case for a pre-trial conference. This can be done after you have lodged and served your claim but before you are served with a statement of defence (or a statement of defence and counterclaim) if all parties agree.
General Procedure Claim - What to do after receiving a Statement of Claim
You must:
• complete a statement of defence (or statement of defence and counterclaim if you want to make a counterclaim)
• lodge and serve the statement of defence (or a statement of defence and counterclaim) within 14 days of being served with the statement of claim (or by another date if ordered by the court registrar). If the statement of claim was served with the original claim, the statement of defence can be lodged when you send in your response.
WARNING
You should get legal advice if you’re not sure what you should include in your statement of claim or statement of defence.
Failure to complete these forms may result in final orders being made against you.
What can the claimant do after receiving a statement of defence in a general procedure claim?
In a general procedure claim the claimant may within 14 days of being served with a statement of defence, lodge and serve on the defendant a reply to the statement of defence. A reply gives you a chance to say what you disagree with in the statement of defence and why.
A party to the claim can apply to the court for a registrar to list the case for a pre-trial conference after the claimant has lodged and served the claim. Unless this has happened, once the defendant has lodged and served their statement of defence, the claimant must ask the court to list the case for a pre-trial conference by lodging a completed Form 28. This must be done within 14 days of you being served with the statement of defence.
You should bring any witness statements and other paperwork (for example, photos, police statements, repair quotes) you think may be useful with you to the pre-trial conference.
At the pre-trial conference the registrar will help you and the defendant identify the issues that need to be decided in your case and explore possible settlement options.
If the case does not settle, the registrar must list the case for another pre-trial conference or list the case for a status conference.
Minor Case Claim - What to do after receiving a Notice of Intention to Defend
If the defendant lodges a response the Court will give a copy of it to the party which made the claim as well as to every other party in the case.
A registrar must list the case for a status conference within 14 days and advise everyone of the court date in writing.
The purpose of the status conference is to manage the case. This can be by the magistrate telling the parties to do things (like lodge and serve paperwork, exchange paperwork, work out which facts are agreed on) and by working out the next step in the court process.
You must go to the court for the status conference in person. With written authority from a party given to the court, a party's insurer can represent or help their insured at these conferences but not at a trial.
What happens in a minor case after a status conference?
Each case may be managed differently by the court. For example, some cases may be sent to a pre-trial conference, some to another status conference, orders could be made for paperwork to be exchanged, or orders made to help settle the case or make sure the case is ready for trial.
Can I make an offer to settle the case?
You can try to settle at any time during the court process.
Be open minded about offers of settlement – it may save time, money and avoid stress. The outcome at trial can be uncertain: for example, if you reject an offer of settlement and the case then goes to a hearing at court, the magistrate could decide the other person owes you less than they initially offered.
What happens at the trial?
The court must act fairly and give the claimant and the defendant a chance to present their cases.
The claimant must prove:
- who the defendant is
- that the defendant was negligent, and
- how much damage they caused.
The claimant and the defendant can both give evidence about what happened to cause the crash and can ask questions of each other’s evidence and the witnesses’ evidence. Both should bring any other evidence to support what they are saying. Witnesses can only give evidence about relevant facts. Facts are what people directly hear or see and are not opinions. The court will only hear opinions from experts.
Once the claimant and the defendant have finished presenting their cases, the magistrate may decide the outcome at the hearing or give their decision on a later date.
Courtroom layout
This picture shows what a typical courtroom might look like.
Magistrate
The magistrate is the person who decides your case. The magistrate sits at the highest table in the court room. They might ask you questions (or ask your lawyer if you have one). You can ask the magistrate to repeat anything you don’t understand or ask any questions you might have. You should call the magistrate, 'Your Honour'.
JSO - Judicial support officer
The JSO is a court officer who sits in front of the magistrate. They help with the administrative tasks in court, such as recording exhibits and swearing in or affirming witnesses.
Court Orderly
The Court Orderly directs people to the correct court room and 'calls' a case when the court is ready to hear the case. The Orderly reminds people about the rules for appearing in court. If you have any questions about the court process, they can help you personally, or direct you to the correct person to speak to at the court.
Claimant
The claimant is the person who starts a claim in the Magistrates Court. The claimant sits on the right hand side of the bar table.
Defendant
The defendant is the person named as the other party in the claim. They sit on the left hand side of the bar table.
Useful documents
- Magistrates Court of WA - Fees, forms and factsheets
You can also get these in person from any Magistrates Court registry.
Find legal answers
Going to court over money
- Getting ready for trial
- Settling a case
- Judgments and default judgments
- Appeals and setting aside judgments