Wednesday, 4th December 2024
This page is mainly about Civil Courts - people suing and being sued.
If you are looking for information on Criminal Law then visit our Public Criminal Law page.
Their web site has a lot of information and links on many legal topics that relate to Court Cases in Western Australia.
Their section Court & Tribunal Services also has useful information for the public.
The Court has simplified procedures that may be applied in Minor Claims.
Parties are encouraged to resolve the dispute without the need for a trial and to represent themselves. Where the claim is for $10,000 or less, in almost all circumstances parties must present their own case. Lawyers will not be allowed. If more than $10,000 is in dispute, lawyers are sometimes allowed to represent those involved.
Legal Aid information on debts has general information that can be applied in many situations.
Are you representing yourself? is a guide for people conducting civil court cases in the County Court on their own without a lawyer. Take care as the laws are different in each State.
The Law Handbook (South Australia) has a chapter on this. Under the heading of Minor Civil Claims they go through the steps involved in a Court Case. With some modifications the same principles apply to any Court case and it is useful background information for you even if your case involves larger amounts of money and you will be using a lawyer. Again, take care as the laws are different in each State.
The District Court has information for self represented parties in both civil and criminal dases.
Foolkit has a page on DIY Legal Kits. You may also find more focused information about your legal problem on that page.
Are you looking for detailed information like this, or contact details for any of the bodies mentioned on this page. If so, then start on the Courts Pages on the blue For Lawyers pages.
If it isn't there, then start on our Finding Detailed Legal Information page.
Please read our warning on that page "Be careful using these resources".
The Law is not always as straightforward as it appears. We have not included any information about when and how to use that information or any traps. We assume that the Lawyers will know this.
Please give us feedback about your experiences using Foolkit and ideas for improvements.
Going to Court can be costly, emotionally draining and drawn out. Some Court cases take many years to conclude. There are alternatives to going to Court. Often it pays to look into these methods of dispute resolution before launching into litigation. Talk to your lawyer about alternatives including settlement conferences, mediation and arbitration.
For a very general explanation on the various types of alternative dispute resolution:
The The Legal Services Commission Handbook (South Australian) has a chapter on resolving disputes.
This is the Dispute Information web site. It has information on alternative dispute resolution, A Guide to Dispute Resolution and information on other people who can help. It also steps you through some common situations and how they might be resolved.
If you have a lawyer, then they will tell you what you should do. If you choose to go to Court without a lawyer, then:
The Ombudsman can assist you with your complaint about the administrative actions of a government agency or authority, or local government council.
A court not only decides who the Winner and Loser are, it also decides who is to pay for the legal costs that are involved. These are the Court's fees as well as the costs of the solicitors and barristers.
Sometimes who will pay costs, and how much they will pay, is negotiated between the parties. Your lawyer will explain to you what is occurring in respect to costs as the matter unfolds.
Prior to a trial there will be short hearings (that may be called directions, status or interlocutory hearings) or applications that your lawyer will attend on your behalf. If you are self-represented you will attend these hearings that guide the case towards a resolution or a trial. At the end of each short hearing there is usually an order made about who will pay the costs of that part of the case once the matter has concluded. Some common orders include:
Costs in the Cause: The ultimate loser of the case will pay the costs of the hearing.
Costs Reserved: The question of who will pay costs will be determined at a later date.
Here are some simplified explanations of legal speak when it comes to costs. NOTE: Always check your retainer (agreement) in place with your lawyer as to how they define these terms:
When the Court orders one party to pay the costs of the other party, it means its party/party costs. Party/party costs are always less than solicitor/client costs (often around 60 to 75%). Thus the 'winner' of any litigation is usually left out of pocket in respect of their legal costs to this extent.
Party/party costs are determined according to the appropriate Court Scale; i.e. if you are in the Supreme Court, the Supreme Court scale applies. Your agreement with your own solicitor may provide for paying their fees on some other basis.
