Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Supreme Court
Act 1935 and includes the amendments made by the other written laws
referred to in the following table 1a. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
36 of 1935 |
3 Mar 1936 |
1 May 1936 (see s. 1 and Gazette
9 Apr 1936 p. 527). |
|
|
8 of 1937 |
8 Dec 1937 |
8 Dec 1937 |
|
|
Supreme Court Act Amendment
Act 1945 |
10 of 1945 |
13 Dec 1945 |
13 Dec 1945 |
|
Supreme Court Act Amendment
Act 1945 10 |
35 of 1945 |
27 Mar 1946 |
17 May 1946 (see Gazette
17 May 1946 p. 491). |
|
Supreme Court Act Amendment
Act 1946 |
50 of 1946 |
24 Jan 1947 |
24 Jan 1947 |
|
Supreme Court Act Amendment
Act 1947 |
9 of 1947 |
10 Oct 1947 |
10 Oct 1947 |
|
Matrimonial Causes and Personal Status Code 1948
s. 3(1) |
73 of 1948 |
4 Mar 1949 |
1 Jan 1950 (see s. 1 and Gazette
19 Oct 1949 p. 2499) |
|
Acts Amendment (Increase in number of Judges of the
Supreme Court) Act 1949 s. 2 |
17 of 1949 |
24 Sep 1949 |
24 Sep 1949 11 (see s. 1 and
No. 35 of 1950 s. 4) |
|
35 of 1950 |
16 Dec 1950 |
16 Dec 1950 |
|
|
Supreme Court Act Amendment
Act 1954 |
21 of 1954 |
7 Oct 1954 |
7 Oct 1954 |
|
Limitation Act 1935
s. 48A(1) |
35 of 1935 |
14 Jan 1955 |
Relevant amendment (see s. 48A and Second
Sch. 12) took effect on 1 Mar 1955 (see No. 73 of
1954 s. 2 and Gazette 18 Feb 1955
p. 343) |
|
Supreme Court Act Amendment
Act 1957 |
63 of 1957 |
6 Dec 1957 |
6 Dec 1957 |
|
Juries Act 1957 s. 2 |
50 of 1957 |
9 Dec 1957 |
1 Jul 1960 (see s. 1(2) and Gazette
6 Mar 1959 p. 539) |
|
Reprint of the Supreme Court Act 1935
approved 30 Sep 1958 in Vol. 13 of Reprinted Acts (includes
amendments listed above) |
|||
|
Supreme Court Act Amendment
Act 1960 |
5 of 1960 |
6 Oct 1960 |
6 Oct 1960 |
|
Foreign Judgments (Reciprocal Enforcement)
Act 1963 s. 4 |
12 of 1963 |
5 Nov 1963 |
1 Sep 1969 (see s. 2 and Gazette
22 Aug 1969 p. 2379) |
|
Supreme Court Act Amendment
Act 1964 |
39 of 1964 |
12 Nov 1964 |
12 Nov 1964 |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see
s. 2(1)); |
|
|
Property Law Act 1969 s. 4 |
32 of 1969 |
19 May 1969 |
1 Aug 1969 (see s. 2 and Gazette
27 Jun 1969 p. 1873) |
|
Supreme Court Act Amendment
Act 1971 |
39 of 1971 |
10 Dec 1971 |
10 Dec 1971 |
|
Supreme Court Act Amendment
Act 1974 |
56 of 1974 |
3 Dec 1974 |
1 Mar 1975 (see s. 2 and Gazette
14 Feb 1975 p. 505) |
|
Supreme Court Act Amendment
Act 1975 |
57 of 1975 |
24 Oct 1975 |
Act other than s. 6 and 7: 24 Oct 1975 (see
s. 2(1)); |
|
Supreme Court Act Amendment
Act 1976 |
20 of 1976 |
3 Jun 1976 |
3 Jun 1976 |
|
Supreme Court Act Amendment Act
(No. 2) 1976 |
110 of 1976 |
25 Nov 1976 |
25 Nov 1976 |
|
Acts Amendment (Expert Evidence) Act 1976
Pt. II |
111 of 1976 |
25 Nov 1976 |
25 Nov 1976 |
|
Acts Amendment (Supreme Court and District Court)
Act 1978 Pt. II |
112 of 1978 |
12 Dec 1978 |
1 Apr 1970 (see s. 2) |
|
Acts Amendment (Master, Supreme Court) Act 1979
Pt. I |
67 of 1979 |
21 Nov 1979 |
11 Feb 1980 (see s. 2 and Gazette
8 Feb 1980 p. 383) |
|
Reprint of the Supreme Court Act 1935
approved 12 May 1980 (includes amendments listed
above) |
|||
|
Supreme Court Amendment
Act 1982 |
3 of 1982 |
6 May 1982 |
6 May 1982 |
|
Acts Amendment (Judicial Appointments) Act 1982
Pt. I |
7 of 1982 |
6 May 1982 |
6 May 1982 |
|
Companies (Consequential Amendments) Act 1982
s. 28 |
10 of 1982 |
14 May 1982 |
1 Jul 1982 (see s. 2(1) and
Gazette 25 Jun 1982 p. 2079) |
|
Supreme Court Amendment Act (No. 2)
1982 |
47 of 1982 |
6 Sep 1982 |
20 Jun 1983 (see s. 2 and Gazette
3 Jun 1983 p. 1675) |
|
Supreme Court Amendment
Act 1983 |
47 of 1983 |
1 Dec 1983 |
1 Dec 1983 |
|
Supreme Court Amendment
Act 1984 |
9 of 1984 |
18 May 1984 |
18 May 1984 |
|
Acts Amendment (Insolvent Estates) Act 1984
Pt. IV 8 |
72 of 1984 |
26 Nov 1984 |
24 Dec 1984 |
|
Acts Amendment and Repeal (Credit) Act 1984
Pt. VIII |
102 of 1984 |
19 Dec 1984 |
31 Mar 1985 (see s. 2 and Gazette
8 Mar 1985 p. 867) |
|
Commercial Arbitration Act 1985
s. 3(1) |
109 of 1985 |
7 Jan 1986 |
1 Apr 1986 (see s. 2 and Gazette
28 Feb 1986 p. 605) |
|
Supreme Court Amendment
Act 1986 |
22 of 1986 |
25 Jul 1986 |
s. 1 and 2:
25 Jul 1986; |
|
Reprint of the Supreme Court Act 1935 as at
25 Jul 1986 (includes amendments listed above except those in the
Supreme Court Amendment Act 1986) |
|||
|
Acts Amendment (Actions for Damages) Act 1986
Pt. III 9 |
50 of 1986 |
4 Aug 1986 |
18 Aug 1986 (see s. 2 and Gazette
15 Aug 1986 p. 2925) |
|
Acts Amendment (Legal Practitioners, Costs and Taxation)
Act 1987 Pt. III |
65 of 1987 |
1 Dec 1987 |
12 Feb 1988 (see s. 2(2) and
Gazette 12 Feb 1988 p. 397) |
|
Judges’ Salaries and Pensions Amendment
Act 1987 s. 8 |
82 of 1987 |
1 Dec 1987 |
1 Dec 1987 (see s. 2) |
|
Supreme Court Amendment
Act 1988 |
14 of 1988 |
6 Sep 1988 |
6 Sep 1988 (see s. 2) |
|
Supreme and Family Courts (Miscellaneous Amendments)
Act 1989 Pt. 2 |
37 of 1989 |
21 Dec 1989 |
21 Dec 1989 (see s. 2) |
|
Supreme Court Amendment
Act 1990 |
25 of 1990 |
18 Sep 1990 |
18 Sep 1990 (see s. 2) |
|
Supreme and District Courts (Miscellaneous Amendments)
Act 1991 Pt. 2 |
14 of 1991 |
21 Jun 1991 |
21 Jun 1991 (see s. 2) |
|
Supreme Court Amendment
Act 1993 |
3 of 1993 |
18 Aug 1993 |
18 Aug 1993 (see s. 2) |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Reprint of the Supreme Court Act 1935 as at
23 Nov 1995 (includes amendments listed above) |
|||
|
Supreme Court Amendment
Act 1996 |
3 of 1996 |
24 May 1996 |
s. 1 and 2:
24 May 1996; |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
30 of 1996 |
10 Sep 1996 |
1 Nov 1996 (see s. 2) |
|
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996
(see s. 2(1)) |
|
Mental Health (Consequential Provisions)
Act 1996 Pt. 20 |
69 of 1996 |
13 Nov 1996 |
13 Nov 1997 (see s. 2) |
|
Acts Amendment (Auxiliary Judges) Act 1997
Pt. 10 |
23 of 1997 |
18 Sep 1997 |
18 Sep 1997 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 118 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 76 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Supreme Court Amendment
Act 1998 |
31 of 1998 |
3 Jul 1998 |
3 Jul 1998 (see s. 2) |
|
Reprint of the Supreme Court Act 1935 as at
23 Jul 1999 (includes amendments listed above) |
|||
|
Courts Legislation Amendment Act 2000 Pt. 5
(s. 17-25) 13 |
27 of 2000 |
6 Jul 2000 |
s. 17-20: 6 Jul 2000 (see s. 2(1));
|
|
Reprint of the Supreme Court Act 1935 as at
9 Feb 2001 (includes amendments listed above except those in the
Courts Legislation Amendment Act 2000
s. 21-25) |
|||
|
23 of 2002 |
18 Sep 2002 |
28 Sep 2002 (see s. 2 and Gazette
27 Sep 2002 p. 4877) |
|
|
Corporations (Consequential Amendments) Act (No. 2)
2003 Pt. 24 |
20 of 2003 |
23 Apr 2003 |
15 Jul 2001 (see s. 2(1) and Cwlth
Gazette 13 Jul 2001 No. S285) |
|
Acts Amendment (Equality of Status) Act 2003
s. 127 and Pt. 57 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 69, 119 and 130 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 144(3) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Workers’ Compensation Reform Act 2004
s. 174 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7131) |
|
Acts Amendment (Court of Appeal) Act 2004 Pt.
2 3, 14 |
45 of 2004 (as amended by No. 2 of 2008
s. 75(2)) |
9 Nov 2004 |
Pt. 2 other than s. 14, 20(c) and (d) and Pt. 5:
1 Feb 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163); |
|
Courts Legislation Amendment and Repeal Act 2004
Pt. 18 15, 16 |
59 of 2004 (as amended by No. 2 of 2008 s. 77(5);
No. 5 of 2008 s. 24) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 Pt. 14 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec
2004 p. 7129 (correction in Gazette 7 Jan 2005 p.
53)) |
|
Reprint 7: The Supreme Court Act 1935 as at
19 Aug 2005 (includes amendments listed above) |
|||
|
Limitation Legislation Amendment and Repeal
Act 2005 Pt. 8 17 |
20 of 2005 |
15 Nov 2005 |
15 Nov 2005 (see s. 2(1)) |
|
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005 Pt. 9 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005
p. 6244) |
|
Financial Legislation Amendment and Repeal
Act 2006 s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Wills Amendment Act 2007
s. 25 |
27 of 2007 |
26 Oct 2007 |
9 Feb 2008 (see s. 2 and Gazette
8 Feb 2008 p. 313) |
|
Acts Amendment (Justice) Act 2008
Pt. 23 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette
11 Jul 2008 p. 3253) |
|
Bail Amendment Act 2008
s. 46 |
6 of 2008 |
31 Mar 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
Legal Profession Act 2008
s. 709 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
Reprint 8: The Supreme Court Act 1935 as at
7 Nov 2008 (includes amendments listed above except those in the
Bail Amendment Act 2008 and the Legal Profession
Act 2008) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 9 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 68 18 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
2 Repealed by the Interpretation Act 1984
s. 77(1).
3 The Acts Amendment (Court of Appeal) Act 2004
s. 5(2) and Pt. 5 read as follows:
“
5. Sections 6 and 7 replaced by sections 6, 7 and
7A, and transitional provision
(2) A person who holds any of the offices of which the Court consists
immediately before the coming into operation of subsection (1) continues to
hold the corresponding office in the General Division when subsection (1)
comes into operation.
Part 5 — Transitional
provisions
38. Appeals pending before Full Court or Court of Criminal
Appeal
(1) If on the commencement of this Act an appeal or an application for
leave to appeal is pending before —
(a) the Full Court of the Supreme Court; or
(b) the Court of Criminal Appeal,
the appeal or application is to be taken to have been commenced or made
and to be pending before the Court of Appeal.
(2) Despite subsection (1), if on the commencement of this Act an
appeal or an application for leave to appeal is part heard
by —
(a) the Full Court of the Supreme Court; or
(b) the Court of Criminal Appeal,
then the hearing and determination of the appeal or application may be
completed by the Full Court or the Court of Criminal Appeal, as the case
requires, as if this Act had not commenced.
39. References to “Full Court” or “Court of Criminal
Appeal” to be read as references to “Court of
Appeal”
(1) A reference in a written law or book, document or writing to the Full
Court of the Supreme Court (whether those or some other words are used) is,
unless the contrary intention appears, to be construed as if it had been amended
to be a reference to the Court of Appeal.
(2) A reference in a written law or book, document or writing to the Court
of Criminal Appeal is, unless the contrary intention appears, to be construed as
if it had been amended to be a reference to the Court of Appeal.
”.
4 The Superannuation and Family Benefits Act 1938 was
repealed by the State Superannuation Act 2000 s. 39, but its
provisions continue to apply to and in relation to certain schemes because of
the State Superannuation (Transitional and Consequential Provisions) Act
2000 s. 26.
5 The Companies Act 1961 was superseded by the
Companies (Western Australia) Code, see section 18 of the Companies
(Application of Laws) Act 1981. The Companies (Western Australia)
Code was superseded by the Corporations Law which, on 15 July 2001, was
superseded by the Corporations Act 2001 of the Commonwealth. See Part 13
Division 2 of the Corporations (Western Australia) Act 1990 and Part
2 of the Corporations (Ancillary Provisions) Act 2001
respectively.
6 Supreme Court Ordinance 1861 commenced on
18 June 1861. It was repealed by this Act, s. 3.
7 Supreme Court Act 1880 commenced on
1 August 1881. It was repealed by this Act, s. 3.
8 The Acts Amendment (Insolvent Estates) Act 1984
s. 11 contains a transitional provision about persons who died before that
Act commenced
9 The Acts Amendment (Actions for Damages) Act 1986
s. 6(2) contains a transitional provision about causes of action in which a
court had given judgment before that section commenced.
10 Repealed by the Statute Law Revision Act
1967.
11 The commencement date was amended by the Judges’
Salaries and Pensions Act 1950 s. 4.
12 Section 48A and the Second Schedule were inserted by the
Limitation Act Amendment Act 1954 s. 8.
13 The Courts Legislation Amendment Act 2000
Pt. 6 reads as follows:
“
Part 6 —
Validation
26. Validation
To the extent that, before the coming into operation of section 22,
provisions of the Rules of the Supreme Court 1971 related or purported to
relate to mediation —
(a) those provisions are to be regarded as having been validly and
lawfully made and published under and within the authority of the Supreme
Court Act 1935 and to have always had effect according to their terms;
and
(b) anything done under or purportedly done under those provisions is to
be regarded as having been validly done and, to have always been, effectual in
all respects.
”.
14 The Acts Amendment (Court of Appeal) Act 2004
s. 14 repealed by the Criminal Law and Evidence Amendment
Act 2008 s. 75(2).
15 The Courts Legislation Amendment and Repeal
Act 2004 s. 128 (to amend s. 20) was deleted by the
Criminal Law and Evidence Amendment Act 2008
s. 77(5).
16 The Courts Legislation Amendment and Repeal Act 2004
Pt. 22 (as amended by the Acts Amendment (Justice) Act 2008
s. 24) contains transitional provisions about enforcing judgments given
before that Part commenced. Part 22 and the Civil Judgments Enforcement
Act 2004 commenced on 1 May 2005. Part 22 reads as
follows:
“
Part 22 — Transitional
provisions
Division 1 — Provisions about enforcing
judgments
(1) In this Part —
commencement means the commencement of this Part;
court fee, for an application, does not include any fee
payable in connection with serving the application to the Sheriff or any other
person;
enforcement process means any writ, warrant, order, or other
process, issued by a court for or in connection with enforcing a judgment or
order of the court.
(2) This Part does not limit the operation of the Interpretation
Act 1984 Part V.
144. Judgments not satisfied before
commencement
If immediately before commencement a judgment of the Supreme Court,
District Court or Local Court is unsatisfied, then on commencement —
(a) if any proceedings for or in connection with enforcing the judgment
are pending in a court, section 145 applies;
(aa) if any enforcement process is in force in relation to the judgment,
section 146 applies;
(b) otherwise, the judgment may be enforced under and subject to the
Civil Judgments Enforcement Act 2004.
[Section 144 amended by No. 5 of 2008 s. 24.]
145. Pending proceedings to enforce a
judgment
(1) If immediately before commencement proceedings for or in connection
with enforcing a judgment are pending in a court, then on commencement
either —
(a) the proceedings may be continued under the law in force immediately
before commencement, despite the enactment of the Civil Judgments Enforcement
Act 2004; or
(b) the person entitled to the benefit of the judgment may discontinue the
proceedings and commence proceedings under the Civil Judgments Enforcement
Act 2004 to enforce the judgment.
(2) If proceedings are continued under subsection (1)(a) —
(a) no enforcement process may be issued under the law in force
immediately before commencement for or in connection with enforcing the
judgment; but
(b) subject to the Civil Judgments Enforcement Act 2004, the
court may make any order under that Act that substantially corresponds with any
order that the court could have made in the proceedings under the law in force
immediately before commencement.
(3) If proceedings under the Supreme Court Act 1935
section 126(2) or the Local Courts Act 1904
section 130 are continued under subsection (1)(a), they are to be
taken to be a means inquiry held under the Civil Judgments Enforcement
Act 2004 for the purposes of subsection (2)(b).
(4) Subsection (2)(a) does not prevent the issue of any warrant or
writ in connection with conducting any proceedings that are continued under
subsection (1)(a).
(5) No court fee shall be payable for commencing proceedings as permitted
by subsection (1)(b) by a person who has discontinued proceedings as
permitted by that subsection.
146. Pending process to enforce a
judgment
(1) If immediately before commencement any enforcement process is in
force, then on commencement the process continues in force under the law in
force immediately before commencement until —
(a) the process ceases to be in force under that law;
(b) the process ceases to be in force under subsection (6)(a);
or
(c) the expiry of 12 months after commencement,
whichever happens first, and may be served, dealt with, or executed,
under the law in force immediately before commencement which continues to apply
to and in respect of the process.
(2) If —
(a) on commencement a copy of a writ of fieri facias is in the
Register maintained under the Transfer of Land Act 1893, having been
served on the Registrar and entered in that Register under section 133 of
that Act; or
(b) after commencement a copy of a writ of fieri facias is entered
in that Register under section 133 of that Act, having been served on the
Registrar under that section,
then —
(c) despite subsection (1) the Transfer of Land Act 1893
section 133 (as inserted by this Act) applies to and in respect of the writ
as if the writ were a property (seizure and sale) order that had
been —
(i) issued under the Civil Judgments Enforcement Act 2004;
and
(ii) registered under the Transfer of Land Act 1893
section 133 (as inserted by this Act) at the time when the copy of the writ
was so served;
(d) if the sale period referred to in the Transfer of Land
Act 1893 section 133 (as inserted by this Act) in respect of the
writ expires at a time after the writ ceases to be in force under the law in
force immediately before commencement, the writ is to be taken to remain in
force until the sale period expires, despite that law; and
(e) subject to paragraphs (c) and (d), subsection (1) applies to
and in respect of the writ.
(3) In subsection (2), a reference to a writ of fieri facias
includes a reference to a warrant of execution issued out of a Local Court under
the Local Courts Act 1904.
(4) If immediately before commencement any enforcement process is in force
but unexecuted, the person for whose benefit the process was issued may apply
for an order under the Civil Judgments Enforcement Act 2004 to
enforce the judgment or order.
(5) No court fee shall be payable on making an application under
subsection (4) for an order under the Civil Judgments Enforcement
Act 2004.
(6) If on an application made under subsection (4) an order is made
under the Civil Judgments Enforcement Act 2004 —
(a) the unexecuted process referred to in subsection (4) ceases to be
in force; and
(b) the order made under the Civil Judgments Enforcement Act 2004
has the same priority as the unexecuted process referred to in
subsection (4) has immediately before it ceases to be in force under
paragraph (a).
147. Existing bailiffs and their
assistants, termination of appointment etc.
(1) On commencement the following offices are abolished and the persons
holding them cease to do so —
(a) a bailiff appointed under the District Court of Western Australia
Act 1969 section 28(1);
(b) a person appointed under the District Court of Western Australia
Act 1969 section 28(2) by a bailiff to assist the bailiff;
(c) a bailiff appointed under the Local Courts Act 1904 section
16;
(d) a person appointed under the Local Courts Act 1904 section 16
by a bailiff to assist the bailiff.
(2) If immediately before commencement a person who is not a police
officer is a bailiff appointed under the Local Courts Act 1904 section
16, then on commencement the person is entitled to be appointed as a bailiff
under the Civil Judgments Enforcement Act 2004 section 107 for a
term of 5 years as from commencement.
(3) If immediately before commencement a person who is a police officer
is —
(a) a bailiff appointed under the District Court of Western Australia
Act 1969 section 28(1); or
(b) a bailiff appointed under the Local Courts Act 1904 section
16,
then on commencement the person is taken to have been appointed as a
bailiff under the Civil Judgments Enforcement Act 2004 section
107.
Division 2 — General
(1) If this Act does not provide sufficiently for a matter or issue of a
transitional nature that arises as a result of the repeal or amendment of any
Act by this Act and the coming into operation of any of the Acts referred to in
section 3, the Governor may make regulations prescribing all matters that
are required, necessary or convenient to be prescribed for providing for the
matter or issue.
(2) Regulations made under subsection (1) may be expressed to have
effect before the day on which they are published in the
Gazette.
(3) To the extent that a provision of regulations made under
subsection (1) has effect before the day on which it is published in the
Gazette, it does not —
(a) affect in a manner prejudicial to any person (other than the State or
an agency of the State) the rights of that person existing before the day of
publication; or
(b) impose liabilities on any person (other than the State or an agency of
the State) in respect of anything done or omitted to be done before the day of
publication.
”.
17 The Limitation Legislation Amendment and Repeal
Act 2005 s. 18(2) reads as follows:
“
18. Section 29 repealed and a savings provision
(2) The Supreme Court Act 1935 section 29, as it was
immediately before commencement day, continues to apply to causes of action that
accrued before commencement day as if subsection (1) had not been
enacted.
”.
18 On the date as at which this reprint was prepared, the
State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 68 had not come into operation. It reads as
follows:
“
68. Supreme Court
Act 1935 amended
Section 11B of the Supreme Court Act 1935 is amended as
follows:
(a) by repealing subsection (2) and inserting the following
subsection instead —
“
(2) Where a Master was, immediately before his appointment as such, an
officer of the Public Service of the State he retains his existing and accruing
rights and for the purpose of determining those rights, his service as Master
shall be taken into account as if it were service in the Public Service of the
State.
”;
(b) by repealing subsection (3a).
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
action 4(1)
cause 4(1)
Chief
Justice 4(1)
circuit court 48
costs
application 71(5)
Court 4(1)
Court of Appeal 4(1)
Court of Appeal
Registrar 4(1)
defendant 4(1)
District
Court 46(9)
freight 26(4)
inferior court 4(1)
issue of
fact 4(1)
judge of
appeal 4(1)
judgment 4(1)
jurisdiction 4(1)
lawyer 4(1)
legal
experience 4(2)
legal practitioner 4(1)
lower
court 17(1)
master 4(1)
matrimonial cause 4(1)
matter 4(1)
mediation
under direction 69
mediator 69
officer of
Court 4(1)
order 4(1)
owner 4(1)
party 4(1)
person 4(1)
personal
injury 32(2a)
petitioner 4(1)
plaintiff 4(1)
pleading 4(1)
prescribed 4(1)
President 4(1)
Principal
Registrar 4(1)
rate or tax 12(2)
registrar 4(1), 46(9)
rules of
court 4(1)
statute 4(1)
suit 4(1)
vessel 26(5)