• Specific Year
    Any

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