Western Australian Consolidated Acts

DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   5.      Construction and application of certain Acts  
   6.      Terms used in this Act  

   PART II -- The Court  

           Division 1 -- Establishment of The District Court of Western Australia  

   7.      Establishment of the Court  
   8.      Court to be a court of record, constitution  
   9.      Seal of the Court  

           Division 2 -- District Court judges  

   10.     Appointment, qualifications and seniority  
   11.     Tenure of office and oath of office  
   12.     Salaries and allowances  
   13.     Leave of absence  
   14.     Application of Judges’ Salaries and Pensions Act 1950  
   15.     Application of Superannuation and Family Benefits Act 1938  
   16.     Application of Judges’ Retirement Act 1937  
   17.     Judge not to practise as legal practitioner  
   18.     Acting appointments  
   18A.    Auxiliary appointments  

           Division 3 -- Sittings of the Court  

   19.     Places and times  
   20.     Chief Judge may direct where judges to sit and may direct 2 or more judges to sit concurrently  
   21.     Sitting in chambers  
   22.     Records to be moved on discontinuance of a place where Court is held  
   23.     Members of the Police Force to attend the Court  

           Division 4 -- Commissioners  

   24.     Appointment and jurisdiction of commissioners  

           Division 5 -- Registrars  

   25.     Appointment of registrars and other officers  
   26.     Registrar’s functions and evidentiary provision  
   27.     Registrar may administer oaths etc.  
   27A.    Employment of personal staff for judges  
   36.     Indemnity to persons acting under this Act  
   37.     Limitation period for actions that contravene this Act  

           Division 6 -- Representation in the Court  

   39.     Who may appear  
   40.     Legal practitioners to have no privilege  

           Division 7 -- Jurors  

   41.     Application of Juries Act 1957  

   PART III -- Jurisdiction of the Court  

           Division 1 -- Criminal jurisdiction and procedure  

   42.     Criminal jurisdiction  
   43.     Exercise of criminal jurisdiction  
   44.     Practice and procedure to be same as Supreme Court  
   45.     Change of trial from or to Supreme Court  

           Division 2 -- Civil jurisdiction  

   50.     Civil jurisdiction  
   51.     Verdict or judgment for amount over the jurisdictional limit  
   52.     Practice and procedure to be same as Supreme Court  
   53.     Powers and authorities of judges, registrars, etc.  
   54.     Absconding debtors, jurisdiction over  
   55.     Court has powers of Supreme Court  
   57.     Rules of law and equity applicable to the Court  
   58.     Defences or counterclaims in the Court and transfers from the Court  
   59.     Splitting demands, abandonment of excess  
   60.     Suing on separate security a separate cause of action  
   61.     Facts establishing jurisdiction need not be stated  
   63.     Contempt  

   PART IV -- Costs  

   64.     Costs of action or proceeding  
   65.     Costs where the Court has no jurisdiction  
   66.     Solicitor and client costs, witness expenses  
   67.     Costs, taxation of  
   68.     Solicitor and client costs to be taxed in Supreme Court  

   PART V -- Commencement of action  

   69.     Where action to be commenced  
   70.     Defendant may object to where action commenced  

   PART VI -- Remitting and transferring actions and matters  

   71.     Transfer to different place  
   72.     Judge may change venue  
   74.     Court may transfer case to Magistrates Court  
   76.     Supreme Court may remit District Court action to Supreme Court  
   77.     District Court may remit to Supreme Court  
   78.     Proceedings after order to remit  

   PART VII -- Appeals, certiorari, prohibition and mandamus  

   79.     Appeal to the Court of Appeal  
   80.     Appeals, etc. to be only as provided by this Act  
   81.     Certiorari may issue, procedure  
   82.     Stay of proceedings may be ordered in certiorari or prohibition proceedings  
   83.     Prohibition proceedings, procedure  
   84.     Order in lieu of mandamus  
   85.     Notice to be given of writ of certiorari or prohibition on ex parte application  

   PART VIII -- Practice and procedure and rules of court  

   86.     Action may be dealt with at more than one place  
   87.     Rules of court to govern practice and procedure  
   88.     Rules of court, making, content  
   89.     Rules to be published and laid before Parliament  
   89A.    Fees, regulations may prescribe  
   90.     Saving  
           SCHEDULE 1 -- Oath and affirmation of office  
           Compilation table