The two paths: Commissioner vs Magistrates Court
Under the Residential Tenancies Act 1987 (WA) as amended by the Residential Tenancies Amendment Act 2024 (passed 16 April 2024) [1], WA tenancy disputes now follow one of two paths depending on the type of dispute:
- Commissioner for Consumer Protection — handles specific disputes introduced by the 2024 reforms, including pet keeping, minor modifications, and security bond release [2]. The Commissioner hears from both sides and rules as an independent authority. The Commissioner may decide not to hear a dispute and refer it to the Magistrates Court.
- Magistrates Court of Western Australia — handles everything else, including the vast majority of traditional tenancy disputes: compensation, repairs that are not covered by Commissioner orders, termination, and most bond matters [2][3]. It is also the appeal route if you disagree with the Commissioner's decision.
This split means WA is currently the only jurisdiction in Australia where a renter might need to navigate both a consumer regulator and a court to resolve a single tenancy relationship.
What the Commissioner actually decides
The 2024 reforms inserted a new Division into the Act giving the Commissioner power to decide disputed tenancy matters in three areas [2]:
- Whether a tenant can keep a pet at the property
- Whether a tenant can make a minor modification
- Release of the security bond where the parties cannot agree
The Commissioner's process is intended to be less formal and faster than going to court. The Commissioner may require further information from parties, has to give notice of any application, and can publish decisions and reasons [1]. Decisions are appealable to the Magistrates Court.
For every other kind of dispute — repairs, compensation, termination, and bond disputes outside the Commissioner's scope — the Magistrates Court remains the only option.
The Magistrates Court path — minor cases and general cases
The Magistrates Court of Western Australia handles residential tenancy claims up to $10,000 under its "minor cases" stream, which has simplified rules and limited lawyer involvement [3][4]. Because most residential tenancy disputes are for less than $10,000, this is the stream most renters will use.
For disputes over $10,000 and up to $75,000, the matter is heard under the general case rules, not the minor cases rules — unless both parties agree to keep it as a minor case [4].
According to Consumer Protection WA, the most common disputes that end up in the Magistrates Court are [5]:
- Bond refund disputes at the end of a tenancy
- Compensation claims
- Termination and possession matters
- Breach of the tenancy agreement
Proceedings in the minor cases stream are generally private and informal, and tenants or landlords can represent themselves [5].
Try to resolve it without going to court first
Both the Commissioner and the Magistrates Court expect you to have tried to resolve the matter first [6]. The standard sequence is:
- Raise the issue with the landlord or agent in writing
- Contact Consumer Protection WA's free conciliation service — they can often help parties reach agreement without a formal order [7]
- Only if informal resolution fails, apply to the Commissioner (for pets, modifications, or bond release) or the Magistrates Court (for everything else)
If Consumer Protection's conciliation service cannot help — or if the matter is outside its scope — they will advise on the correct next step.
Forms and filing
The 2024 amendments specify that any application under the Residential Tenancies Act must be made in writing on a form approved by the Minister and accompanied by the prescribed fee (if any) [8].
For Magistrates Court applications, the key forms are:
- Form 6 — Application for Disposal of Bond Money — used for bond disputes where the amount in dispute is not more than the bond held, and the bond has not been paid out [8]
- Form 12 — Application to the Court (Residential Tenancies Act) — used for other residential tenancy applications
- Notice of Intention to Dispute — filed by a respondent within 7 days of receiving an application for release of security bond [1]
Current versions of all forms are available on the Magistrates Court of Western Australia website and the eCourts Portal [9]. The full name and address of both parties — including the landlord's legal name and an address for service — must be on any application.
What it costs and what to bring
Filing fees are prescribed by regulation and change periodically — check the current schedule on the Magistrates Court website before lodging [9]. Minor cases fees are lower than general case fees.
Regardless of stream, bring:
- Your signed Form 1AA (the prescribed WA residential tenancy agreement) [10]
- All written communications with the landlord or agent — emails, text messages, letters
- Photos with timestamps, especially for condition and repair issues
- The property condition report (the original from move‑in and any later updates)
- A concise, written timeline of events leading up to the dispute
- Any notices served by the landlord or agent
- Receipts, rent ledger, and any other financial records relevant to the dispute
Why WA is the weakest renter pathway nationally
RenterSay's editorial team treats Western Australia as the highest‑risk Australian jurisdiction for renters for a reason. WA remains the only mainland state without a dedicated tenancy tribunal, which means:
- Renters face a higher procedural barrier — the Magistrates Court, even in minor cases mode, is less accessible than a specialist tribunal
- Advocacy resources are thinner than in NSW, Victoria, and Queensland
- The 2024 reforms expanded the Commissioner's role but did not replace the underlying court‑based system for most disputes
The WA Government has confirmed that Stage Two of the rent reforms is in development [1]. Whether that stage delivers a dedicated tribunal (as tenant advocates have long called for) or leaves the current split system in place remains an open question. Until that changes, WA renters should rely heavily on Consumer Protection WA's conciliation service — most disputes can be resolved there without ever needing to file in the Magistrates Court.
Where to get help
- Consumer Protection WA — free conciliation, tenant information, complaint lodgement. consumerprotection.wa.gov.au or 1300 304 054
- Tenancy WA — tenancywa.org.au, free legal advice and representation for eligible tenants
- Legal Aid WA — legalaid.wa.gov.au, legal advice and Infoline on 1300 650 579
- Magistrates Court of Western Australia — magistratescourt.wa.gov.au for forms and filing
- eCourts Portal — ecourts.justice.wa.gov.au for online application status and notices
Sources and further reading
- [1]Residential Tenancies Amendment Act 2024 (WA), No. 11 of 2024, as at 22 April 2024 (establishes Commissioner jurisdiction, Parts 1 and 2 including sections 11C–11L on Commissioner applications). https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_47004.pdf/$FILE/Residential%20Tenancies%20Amendment%20Act%202024%20-%20%5B00-00-00%5D.pdf
- [2]Legal Aid WA, "Residential tenants" (Commissioner and Magistrates Court split; Commissioner scope for pets, minor modifications, bond release; Magistrates Court jurisdiction up to $75,000). https://www.legalaid.wa.gov.au/find-legal-answers/homes-and-neighbours/residential-tenants
- [3]Go To Court Lawyers, "Residential Tenancies (WA)" (overview of dispute pathway, Consumer Protection conciliation first, then Magistrates Court). https://www.gotocourt.com.au/civil-law/wa/residential-tenancies
- [4]AustLII Communities, "Going to Court — WA Residential Tenancy Law and Practice" (minor cases stream up to $10,000, general case rules $10,000–$75,000). https://austlii.community/foswiki/WARTenancyLP/GoingtoCourt
- [5]Consumer Protection WA, "Going to court about rental property issues" (common disputes, minor case category up to $10,000, self‑representation). https://www.consumerprotection.wa.gov.au//going-court-about-rental-property-issues
- [6]aussierentlaws.com, "Understanding Dispute Resolution in Western Australia" (July 2025, standard dispute sequence). https://aussierentlaws.com/western-australia/understanding-dispute-resolution
- [7]Consumer Protection WA, "WA Rent Reforms" (Stage Two planning, Residential Tenancies Amendment Act 2024 passed 16 April 2024). https://www.consumerprotection.wa.gov.au/wa-rent-reforms
- [8]AustLII Communities, "Going to Court — WA Residential Tenancy Law and Practice" (Form 6 Application for Disposal of Bond Money, written application requirement). https://austlii.community/foswiki/WARTenancyLP/GoingtoCourt
- [9]eCourts Portal of Western Australia, "Notice of Residential Tenancy Applications" (7‑day notice of dispute requirement). https://ecourts.justice.wa.gov.au/eCourtsPortal/ResidentialTenancy
- [10]aussierentlaws.com, "Form 1AA – Residential Tenancy Agreement" (WA prescribed agreement form, dispute steps). https://aussierentlaws.com/western-australia/form-1aa-residential-tenancy-agreement