Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
lower court means the District Court or the
Magistrates Court.
(2) If an action or
matter in the Court —
(a) is
within a lower court’s jurisdiction;
(b)
becomes within a lower court’s jurisdiction because the claim in the
action or matter is reduced by a payment into court, an admitted set-off, a
judgment on part of the claim, or otherwise; or
(c)
becomes within a lower court’s jurisdiction because the jurisdiction of
the lower court is increased,
the Court may order
that the action or matter be transferred to the lower court.
(3) An order under
subsection (2) may be made on the application of a party to the action or
matter or by the Court on its own initiative.
(4) If the Court makes
an order under subsection (2) it may also make any other necessary orders
including orders as to —
(a) the
registry of the lower court in which the action or matter is to be conducted;
(b) the
payment of fees in the lower court; and
(c) the
costs in the action or matter that relate to proceedings in the Court.
(5) If the Court makes
an order under subsection (2) the Principal Registrar is to send the
Court’s file to the registry of the lower court in which the action or
matter is to be conducted.
(6) The lower court to
which an action or matter is transferred under an order made under
subsection (2) is to deal with the action or matter as if it had been
commenced in that court.
[Section 17 inserted by No. 59 of 2004
s. 126.]