SUPREME COURT ACT 1935 - SECT 4

SUPREME COURT ACT 1935 - SECT 4

4 .         Terms used

        (1)         In this Act, unless the context otherwise requires: —

        action means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court, but does not include any criminal proceeding;

        cause includes any action, suit or other original proceeding between a plaintiff and defendant, and any criminal proceeding;

        Chief Justice means the Chief Justice of Western Australia and includes a judge appointed to act in the office of Chief Justice under section 10(3);

        Court means the Supreme Court of Western Australia;

        Court of Appeal means the division of the Supreme Court referred to in section 7(1)(b);

        Court of Appeal Registrar means the Court of Appeal Registrar appointed as described in section 155(1) and includes a duly appointed acting Court of Appeal Registrar;

        defendant includes any person served with any writ of summons or other process, or served with notice of, or entitled to attend any proceedings;

        inferior court includes the Magistrates Court or any other inferior court;

        issue of fact includes the assessment of damages in any cause;

        judge of appeal means a judge of the Supreme Court who also holds a commission as a judge of appeal;

        judgment includes decree;

        jurisdiction includes all powers and authorities incident to the exercise of jurisdiction;

        master means a master of the Supreme Court appointed under the provisions of this Act and includes a duly appointed acting master;

        matrimonial cause means any action for dissolution of marriage, nullity of marriage, judicial separation, jactitation of marriage, or restitution of conjugal rights;

        matter includes every proceeding in the Court, not in a cause;

        officer of Court includes a referee;

        order includes rule;

        owner when used with reference to a vessel, includes any person other than the owner responsible for the fault of the vessel, as though the term owner included such person; and in any case where by virtue of any charter or demise, or for any other reason, the owner is not responsible for the navigation and management of the vessel, the expression owner shall be read as though for references to the owner there were substituted references to the charterer or other person for the time being so responsible; and when used with reference to any cargo or property on board a vessel, means any person entitled to maintain an action against a wrongdoer in respect of any direct and immediate injury to such cargo or property; and it includes a part owner;

        party includes every person served with notice of or attending any proceeding, although not named on the record;

        person includes a corporation sole, and any body corporate, and any public body;

        petitioner includes every person making any application to the Court, either by petition, motion, or summons, otherwise than as against any defendant;

        plaintiff includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise;

        pleading includes any petition or summons, and also includes the statements in writing of the claim or demand of the plaintiff, and of the defence of any defendant thereto, and of a counter-claim (if any) of a defendant, and of the reply of the plaintiff to any counter-claim of a defendant, and any subsequent pleading;

        prescribed means prescribed by rules of court;

        President means the President of the Court of Appeal;

        Principal Registrar means the Principal Registrar of the Supreme Court appointed under the provisions of this Act, and includes a duly appointed acting Principal Registrar;

        registrar means a registrar of the Supreme Court appointed under the provisions of this Act and includes a duly appointed acting or deputy registrar;

        rules of court includes forms;

        statute means any Imperial Act in force in this State and any Commonwealth Act and any Act of the Parliament of Western Australia, and includes this Act;

        suit includes action.

        (2)         For the purposes of this Act, legal experience is —

            (a)         standing and practice as a legal practitioner; or

        [(b)         deleted]

            (c)         judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or

            (d)         a combination of both kinds of legal experience defined in this subsection.

        [Section 4 amended: No. 21 of 1954 s. 2; No. 67 of 1979 s. 4; No. 7 of 1982 s. 3; No. 47 of 1983 s. 13; No. 37 of 1989 s. 4; No. 57 of 1997 s. 118; No. 65 of 2003 s. 69(2), 119(2), (3) and 130(2); No. 45 of 2004 s. 4; No. 59 of 2004 s. 128; No. 24 of 2005 s. 28; No. 21 of 2008 s. 709(2) and (3); No. 9 of 2022 s. 424.]