Court Processes

This section of the website has information on a range of court processes.

Personal safety

If you have concerns about your personal safety when you attend Court, there are steps the Court can take.

Communicating with the Court and Judicial Officers

Generally, all communication with the Court is to be via lodgement of correspondence on the eCourts Portal of WA or by emailing the Court.

Attending by phone or video link

If it is difficult for you to attend Court, you can request to attend by phone or video link.

Inspecting court files

All parties and their lawyers are entitled to copies of documents from a court file or to inspect a court case file.

If you reach an agreement with the other party but have already have a case underway, you can let the Court know and file a minute of consent orders. The Court can make orders based on your agreement, and you don't need to lodge a new application for consent orders.

Affidavits

An affidavit is a written statement setting out a person's evidence. This page has information on writing an affidavit and having it witnessed. More information on affidavits.

Serving documents

When you file documents with the Court, you usually have to serve the documents on the other parties. Some documents, such as applications, require special service so the Court has evidence the documents were served correctly.

Disclosing documents

All parties to a dispute are required to provide each other with all the relevant information and documents, which is known as the duty of disclosure.

Superannuation

A party to property settlement proceedings may request information from the ATO about the other party's superannuation entitlements.

Subpoenas

A subpoena is a legal document issued by a court that compels a person to give evidence at a hearing or trial.

Submitting electronic evidence

There are guidelines and standards for submitting electronic evidence to courts in Western Australia. Non-compliance with these guidelines and standards can delay proceedings and/or cause additional costs to parties involved.

Cross Examination

Cross examination by self represented parties and new ban on personal cross examination in certain circumstances involving family violence.

Going to trial

After you have attempted to resolve your dispute through other methods, it may be necessary to go to trial. These pages have information on the process of preparing your case for trial.

Last updated: 2-Apr-2024

[ back to top ]

Using the Court