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A General Procedure Claim (GPC) is a claim commenced in the Magistrates Court of Western Australia, where the value or relief sought is $10,000 to $75,000. A claim of less than $10,000 may be commenced as General Procedure Claim; however the winning party will still be required to pay their own legal costs. Given that Minor Case Claims do not allow for legal representation, one of the perceived benefits of commencing a General Procedure Claim is that you are entitled to legal representation should you elect to do so.
The following types of claims cannot be commenced as a General Procedure Claim: claims concerning the meaning of wills are specifically heard by the Probate Registry of the Supreme Court, whilst personal injury claims from motor vehicle accidents are heard by the District Court.
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FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the debt and your circumstances in detail to understand your position and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our debt lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with GPC experience.
Meet with lawyers who have assisted clients with general proceedure claims.
Sending a general proceedure claim
What you need to know
When lodging the claim it is essential that the correct defendant is identified. The full names and addresses of all parties will need to be provided in the claim. Where the other party is a business for example, you will need to provide their Australian Company Number (ACN) and address of their registered office.
The Court may arrange for service of your claim through a Bailiff; this will attract an additional fee however.
When filling out the appropriate form you will need to provide a brief summary of your claim. It is not critical at this stage to have an exact amount of costs claimed, just write that you are claiming costs.
Ideally you should lodge your claim at the Magistrates Court which is nearest to the place where the claim arose, or the principal place of business of the other party.
Once completed the Form may be filed electronically or in person at the relevant Court Registry.
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Receiving a general proceedure claim
What you need to know
Upon receiving a General Procedure Claim, you should immediately seek legal advice. The defendant will have a period of 14 days from being served a claim to respond. Failure to do so allows the claimant to enter a default judgment against you for the claim, costs and interest. The claimant will then seek to enforce the judgment.
Paying the claim in full
If you elect to pay the claim in full you do not need to contact the court, however payment must be made directly to the claimant or their lawyer.
Alternatively you may make an offer of repayment by filling out the “Admission of Claim” section on the Form 15 (Response to a Claim) and lodging with the court within the time period. The defendant will need to be realistic about their ability to make payment by instalments.
Defend the claim
Where you disagree with the claim and want to defend it, you will need to fill in the “Notice of intention to defend” section of the Form 15 (Response to a Claim) form, and lodge at the relevant court, where the claim was commenced. If you do not owe the whole amount claimed, you may admit to part of the claim by filling out the “Admission of Claim” section of the Form 15. Where you admit liability for whole of an unliquidated sum, but do not agree with the amount sought, you may apply to the court to determine the amount. Once lodged this will be forwarded by the Registrar to the claimant.
Know Your Separation Rights.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Separation Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your separation options.
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the debt and your circumstances in detail to understand your position and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our debt lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with GPC experience.
Meet with lawyers who have assisted clients with general proceedure claims.
Sending
Sending a general proceedure claim
What you need to know
When lodging the claim it is essential that the correct defendant is identified. The full names and addresses of all parties will need to be provided in the claim. Where the other party is a business for example, you will need to provide their Australian Company Number (ACN) and address of their registered office.
The Court may arrange for service of your claim through a Bailiff; this will attract an additional fee however.
When filling out the appropriate form you will need to provide a brief summary of your claim. It is not critical at this stage to have an exact amount of costs claimed, just write that you are claiming costs.
Ideally you should lodge your claim at the Magistrates Court which is nearest to the place where the claim arose, or the principal place of business of the other party.
Once completed the Form may be filed electronically or in person at the relevant Court Registry.
Know Your Separation Rights.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Separation Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your separation options.
Receiving
Receiving a general proceedure claim
What you need to know
Upon receiving a General Procedure Claim, you should immediately seek legal advice. The defendant will have a period of 14 days from being served a claim to respond. Failure to do so allows the claimant to enter a default judgment against you for the claim, costs and interest. The claimant will then seek to enforce the judgment.
Paying the claim in full
If you elect to pay the claim in full you do not need to contact the court, however payment must be made directly to the claimant or their lawyer.
Alternatively you may make an offer of repayment by filling out the “Admission of Claim” section on the Form 15 (Response to a Claim) and lodging with the court within the time period. The defendant will need to be realistic about their ability to make payment by instalments.
Defend the claim
Where you disagree with the claim and want to defend it, you will need to fill in the “Notice of intention to defend” section of the Form 15 (Response to a Claim) form, and lodge at the relevant court, where the claim was commenced. If you do not owe the whole amount claimed, you may admit to part of the claim by filling out the “Admission of Claim” section of the Form 15. Where you admit liability for whole of an unliquidated sum, but do not agree with the amount sought, you may apply to the court to determine the amount. Once lodged this will be forwarded by the Registrar to the claimant.
Know Your Separation Rights.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Separation Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your separation options.
If you have been charged we are sure you will have lots of questions.
Some of the most popular ones past clients ask are listed below.
Can I dispute a general procedure claim?
You can dispute a General Procedure Claim when filing your Form 15 in response to the claim. You may elect to defend the whole claim or dispute liability for the whole sum claimed.
When should I contact a debt lawyer?
Upon receiving a claim you should seek legal advice to determine whether: you have a defence to the claim, the likeliness of success at trial and the potential costs involved. A lawyer may advise you whether you have a counterclaim.
Can I prepare a general procedure claim myself?
You can prepare the Form 3 and file the document yourself. The Magistrates Court of WA Website has a useful how-to guide on commencing a general procedure claim.
However if you have any doubts or do not fully understand the process, you should seek legal advice immediately. Lodging a Form 3 with incorrect details is likely to create further problems and delay the claim.
Can I claim legal costs against the debtor?
You may claim interest from the day that the claim arose by indicating in your claim.
In addition you also seek costs for lawyer’s fees, should your claim be successful.
The Magistrate may make a costs order in favour of the winning party, meaning that the other party will be required to cover their costs, including lawyer’s fees for example.
However, if your General Procedure Claim is for less than $10,000 and you did not elect to have the claim dealt with as a Minor Case Claim, you will still be required to pay your own legal costs.
What happens if I ignore a general procedure claim?
If you fail to respond to the general procedure claim, the claimant may enter a default judgment against you for the claim, costs and interest. Once they have received a judgement they will then seek to enforce the judgment.
Get the best possible outcome with our team.
Some recent outcomes are below.
$3.6 Million Claim Dismissed
Perth man was sued in Perth for refusing to pay $3.6 million after participating in a property auction. After trial in the Federal Circuit Court, the claim was dismissed.
Unfair Dismissal Payout Settled
Perth man made a claim against his former employer in the Fair Work Commission that he was unfairly dismissed. At the conciliation, we successfully negotiated a fair settlement for Perth man.
Domain Name Surrendered
A company registered a domain name which displayed a website which was confusingly similar to Perth man’s business and website. The company surrendered the domain name and changed its website after receiving letters we wrote on behalf of Perth man.
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