Western Australian Consolidated Acts

SUPREME COURT ACT 1935 - SECT 63

63 .         Defendant about to leave jurisdiction, arrest of

        (1)         All actions in the Supreme Court shall be commenced by writ of summons, or in such other manner as may be prescribed by rules of court, and not by arrest of the person.

        (2)         Where the plaintiff in any action in the Supreme Court proves at any time before final judgment by the affidavit of himself or some other person, to the satisfaction of a judge — 

            (a)         that such plaintiff has a cause of action against the defendant to the amount of $100 or upwards, or has sustained damage to that amount, and

            (b)         that there is probable cause for believing that the defendant is about to remove out of the jurisdiction of the Court unless he is apprehended, and

            (c)         that the absence of the defendant will materially prejudice the plaintiff in the prosecution of his action,

                the judge may order such defendant to be arrested and imprisoned until further order of the Court or a judge, unless and until he has sooner given security not exceeding the amount claimed in the action that he will not remove out of the jurisdiction of the Court without the leave of the Court or a judge:

                Provided that the plaintiff claiming such order of arrest shall prosecute his action with reasonable diligence, otherwise a judge may discharge the defendant from custody:

                Provided also that where the action is for a penalty or sum in the nature of a penalty other than a penalty in the nature of any contract, it shall not be necessary to prove that the absence of the defendant will materially prejudice the plaintiff in the prosecution of the action; and the security given shall be to the effect that any sum recovered against the defendant in the action shall be paid.

        (3)         The order to arrest (which shall be in the prescribed form, with such variations as the circumstances may require), may be made on affidavit and ex parte, but the defendant may at any time apply to the Court or a judge to rescind or vary the order, or to be discharged from custody, or for such other relief as may be just.

        (4)         An order to arrest shall, before delivery to the sheriff, be indorsed with the address for service of the plaintiff, and of his solicitor (if any), as required by rules of court in relation to writs of summons.

        [Section 63 amended by No. 113 of 1965 s. 8.]