You can lodge an appeal with the Magistrates Court of Western Australia (Court) if you disagree with a Commissioner’s decision about:
- a rental bond release
- keeping a pet at a rental home
- making a minor modification to a rental home
Key Points
- You have 7 days to lodge an appeal.
- Appeals must be lodged online through the eCourts Portal.
- You must upload the Commissioner’s decision.
- A filing fee applies (fee exemptions may be available).
- Notify Bonds Administration immediately after lodging if you are appealing a rental bond release.
Time limit to appeal
You must lodge an appeal within seven (7) days from the date you received the Commissioner’s decision.
The Court decides on whether to accept a late appeal outside the 7-day timeframe.
eCourts portal account
You must have a free eCourts Portal account to lodge documents.
Register for the eCourts Portal
Lodgement fees
There is a fee to lodge an appeal. See Court Fees on the Magistrates Court website for more information.
You may be eligible to apply for a fee exemption if you cannot afford the Court fee.
Bonds appeals - tell Bonds Administration immediately
If you are appealing a decision about a bond, you must notify Bonds Administration by email straight after lodging your appeal.
Include proof of your appeal, such as a screenshot or receipt from the eCourts portal.
This helps stop the bond being paid out before the Court hears the appeal.
You do not need to notify Bonds Administration if you are appealing a decision about a pet or minor modification.
Responding to another party’s appeal
Respond to an appeal made by another party by submitting evidence to support your side through the eCourts Portal. You will need to register for an account if you don’t already have one. Do not send this evidence to Bonds Administration.
Who is involved in an appeal
The appeal involves:
- tenant/s
- landlord/s
The Commissioner is not involved.
The Court will:
- rehear the original dispute
- look at evidence from both sides
- make a decision
How to lodge an appeal
Step 1: Log into eCourts portal
- login into your eCourts Portal account
- select “Assisted Lodgement – Magistrates Court”
- select “New Document”
- read and accept the terms and conditions
- answer the basic questions about yourself and the tenancy
Step 2: Complete the application
When asked:
- "What orders are you seeking?" select "Only orders other than Security Bond".
Continue to answer the basic questions about your tenancy.
- “Do you have any other reasons for making this application?” select “yes”
Fill in the text boxes:
- Description: state the date of the Commissioner’s decision and explain why you disagree with the decision.
- Orders required: ask the Court to determine the appeal. You can request an extension if your appeal is late (lodged after 7-days).
Step 3: Upload documents
Upload:
- a copy of the Commissioner’s decision
- any other supporting documents
Label all documents clearly (e.g., “Copy of Lease” or “Affidavit of Jane Jones”).
Step 5: Select a hearing date and pay the fee
- Choose an available hearing date and time.
- Pay the court fee.
After you lodge – Court filing
The Court will:
- review and accept the documents
- serve appeal documents on all other parties (tenants/landlords)
- notify all parties of the first hearing date
Going to Court
Watch the Magistrates court video series to help you understand the Court process.
On your hearing day:
- arrive early to find your courtroom
- be prepared with your evidence
The Magistrate may:
- decide the application on the first hearing
- adjourn the matter to a later date
- dismiss the application
It is up to the Magistrate to decide what happens. The Court can make orders which affect you, even if you do not attend.
Contact your local Magistrates Court if you need more information about what to expect at the hearing.