DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969
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
7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
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 and other officers
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. Regulations
90. Saving
SCHEDULE 1 -- Oath and affirmation of office